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Chapter XX: Introduction (19)

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That the terms for which the President, Vice President,
Senators, and Representatives, of the United States, were
respectively chosen, did, according to the constitution,
commence on the 4th day of March, 1789; and so the Senators
of the first class, and the Representatives, will not,
according to the constitution, be entitled, by virtue of
the same election by which they hold seats in the present
Congress, to seats in the next Congress, which will be
assembled after the 3d day of March, 1791; and further,
that, whenever a vacancy shall happen in the Senate or
House of Representatives, and an election to fill such
vacancy, the person elected will not, according to the
constitution, be entitled, by virtue of such election, to
hold a seat beyond the time for which the Senator or
Representative in whose stead such person shall have been
so elected, would, if the vacancy had not happened, have
been entitled to hold a seat.

That it will be advisable for the Congress to pass a law or
laws for determining, agreeable to the provision in the
first section of the second article of the constitution,
the time when the electors shall, in the year which will
terminate on the 3d day of March, 1793, and so in every
fourth year thereafter, be chosen, and the day on which
they shall give their votes; for declaring what officer
shall, in case of vacancy, both in the office of President
and Vice President, act as President; for assigning a
public office where the lists, mentioned in the second
paragraph of the first section in the second article of the
constitution, shall in case of vacancy in the office of
President of the Senate, or his absence from the seat of
Government, be, in the mean time, deposited; and for
directing the mode in which such lists shall be
transmitted: whereupon,

_Resolved_, That the Senate do agree to this report.

MONDAY, May 17.

The Senate proceeded to the third reading of the bill to prevent bringing goods, wares, and merchandises from the State of Rhode Island and Providence Plantations into the United States, and to authorize a demand of money from the said State, and,

On motion,

_Ordered_, That this bill be recommitted.

TUESDAY, May 18.

Mr. CARROLL, from the committee appointed April the 28th, to consider what provisions will be proper for Congress to make, in the present session, respecting the State of Rhode Island, and to whom it was referred, to bring in a bill on that subject, reported several additional clauses to the bill to prevent bringing goods, wares, and merchandises, from the State of Rhode Island and Providence Plantations into the United States, and to authorize a demand of money from the said State; which report was agreed to as amendments to the bill.

The Senate proceeded to the third reading of the bill to prevent bringing goods, wares, and merchandises, from the State of Rhode Island and Providence Plantations into the United States, and to authorize a demand of money from the said State;

And, on the question, "Shall this bill pass?" the yeas and nays being required by one-fifth of the Senators present, were:

YEAS.--Messrs. Bassett, Carroll, Dalton, Ellsworth,
Johnson, Johnston, Izard, King, Langdon, Morris, Reed,
Schuyler, and Strong--13.

NAYS.--Messrs. Butler, Elmer, Hawkins, Henry, Lee, Maclay,
Walker, and Wingate--8.

So it was _Resolved_, That this bill do pass, and that it be carried to the House of Representatives for concurrence therein.

TUESDAY, June 1.

The following message was received from the President of the United States, and was read:

_Gentlemen of the Senate, and House of Representatives:_

Having received official information of the accession of
the State of Rhode Island and Providence Plantations to the
constitution of the United States, I take the earliest
opportunity of communicating the same to you, with my
congratulations on this happy event, which unites, under
the General Government, all the States which were
originally confederated; and have directed my Secretary to
lay before you a copy of the letter from the President of
the Convention of the State of Rhode Island to the
President of the United States.

G. WASHINGTON.
UNITED STATES, June 1, 1790.

The Senate then entered on Executive business.

The following message from the President of the United States, by his Secretary, was read:

UNITED STATES, May 31, 1790.

_Gentlemen of the Senate:_

Mr. De Poiery served in the American army for several of
the last years of the late war, as Secretary to Major
General the Marquis de Lafayette, and might probably at the
same time have obtained the commission of Captain from
Congress, upon application to that body. At present, he is
an officer in the French National Guards, and solicits a
Brevet Commission from the United States of America. I am
authorized to add, that while the compliance will involve
no expense on our part, it will be particularly grateful to
that friend of America, the Marquis de Lafayette.

I therefore nominate M. De Poiery to be a Captain by
Brevet.

GEORGE WASHINGTON.

_Ordered_, That the message lie for consideration.

WEDNESDAY, June 2.

_Resolved_, That the Senate will attend the funeral of
Colonel Bland, late a member of the House of
Representatives of the United States, at five o'clock this
afternoon.[30]

The Senate then entered on Executive business, and consented to the nomination of M. De Poiery to be a Captain by Brevet, in the service of the United States.

WEDNESDAY, August 4.

The Senate then entered on Executive business, and the following message from the President of the United States was read:[31]

UNITED STATES, August 4th, 1790.

_Gentlemen of the Senate:_

In consequence of the general principles agreed to by the
Senate in August, 1789, the adjustment of the terms of a
treaty is far advanced between the United States and the
Chiefs of the Creek Indians now in this city, in behalf of
themselves and the whole Creek Nation.

In preparing the articles of this treaty, the present
arrangements of the trade with the Creeks have caused much
embarrassment. It seems to be well ascertained, that the
trade is almost exclusively in the hands of a company of
British merchants, who by agreement, make their
importations of goods from England into the Spanish ports.

As the trade of the Indians is a main means of their
political management, it is therefore obvious, that the
United States cannot possess any security for the
performance of treaties with the Creeks, while their trade
is liable to be interrupted, or withheld, at the caprice of
two foreign powers.

Hence it becomes an object of real importance to form new
channels for the commerce of the Creeks through the United
States. But this operation will require time, as the
present arrangements cannot be suddenly broken without the
greatest violation of faith and morals.

It therefore appears to be important to form a secret
article of a treaty, similar to the one which accompanies
this message.

If the Senate should require any further explanation, the
Secretary of War will attend them for that purpose.

GEO. WASHINGTON.

The President of the United States puts the following question for the consideration and advice of the Senate: If it should be found essential to a treaty for the firm establishment of peace with the Creek nation of Indians, that an article to the following effect should be inserted therein, will such an article be proper? viz:

SECRET ARTICLE.

The commerce necessary for the Creek nation shall be
carried on through the ports, and by the citizens of the
United States, if substantial and effectual arrangements
shall be made for that purpose by the United States, on or
before the 1st day of August, one thousand seven hundred
and ninety-two. In the mean time, the said commerce may be
carried on through its present channels, and according to
its present regulations.

And whereas, the trade of the said Creek nation is now
carried wholly, or principally, through the territories of
Spain, and obstructions thereto, may happen by war or
prohibitions of the Spanish Government: it is therefore
agreed between the said parties, that in the event of such
obstructions happening, it shall be lawful for such persons
as ---- ---- shall designate, to introduce into, and
transport through the territories of the United States to
the country of the said Creek nation, any quantity of
goods, wares, and merchandise, not exceeding in value, in
any one year, sixty thousand dollars, and that free from
any duties or impositions whatsoever, but subject to such
regulations for guarding against abuse, as the United
States shall judge necessary; which privilege shall
continue as long as such obstruction shall continue.

GEO. WASHINGTON.

UNITED STATES, August 4th, 1790.

The Senate proceeded to consider the message from the President of the United States of this day; whereupon,

_Resolved_, That the Senate do advise and consent to the
execution of the secret article referred to in the message,
and that the blank in said article be filled with the words
"President of the United States."

WEDNESDAY, August 11.

The Senate then entered on Executive business; and the following message was received and read, from the President of the United States:

UNITED STATES, August 11, 1790.

_Gentlemen of the Senate:_

Although the treaty with the Creeks may be regarded as the
main foundation of the future peace and prosperity of the
south-western frontier of the United States, yet, in order
fully to effect so desirable an object, the treaties which
have been entered into with the other tribes in that
quarter must be faithfully performed on our part.

During the last year, I laid before the Senate a particular
statement of the case of the Cherokees. By a reference to
that paper it will appear, that the United States formed a
treaty with the Cherokees in November, 1785; that the said
Cherokees thereby placed themselves under the protection of
the United States, and had a boundary assigned them; that
the white people settled on the frontiers had openly
violated the said boundary, by intruding on the Indian
lands; that the United States, in Congress assembled, did
on the first day of September, 1788, issue their
proclamation, forbidding all such unwarrantable intrusions,
and enjoined all those who had settled upon the hunting
grounds of the Cherokees to depart with their families and
effects, without loss of time, as they would answer their
disobedience to the injunctions and prohibitions expressed,
at their peril.

But information has been received that, notwithstanding the
said treaty and proclamation, upwards of five hundred
families have settled on the Cherokee lands, exclusively of
those settled between the fork of French Broad and Holstein
Rivers, mentioned in the said treaty.

As the obstructions to a proper conduct on this matter have
been removed since it was mentioned to the Senate, on the
22d of August, 1789, by the accession of North Carolina to
the present Union, and the cessions of the land in
question, I shall conceive myself bound to exert the powers
intrusted to me by the constitution, in order to carry into
faithful execution the treaty of Hopewell, unless it shall
be thought proper to attempt to arrange a new boundary with
the Cherokees, embracing the settlements, and compensating
the Cherokees for the cessions they shall make on the
occasion. On this point, therefore, I state the following
questions, and request the advice of the Senate thereon:

1st. Is it the judgment of the Senate that overtures shall
be made to the Cherokees to arrange a new boundary, so as
to embrace the settlements made by the white people since
the treaty of Hopewell, in November, 1785?

2d. If so, shall compensation, to the amount of ----
dollars annually, or of ---- dollars in gross, be made to
the Cherokees for the land they shall relinquish, holding
the occupiers of the land accountable to the United States
for its value?

3d. Shall the United States stipulate solemnly to guarantee
the new boundary which may be arranged?

GEO. WASHINGTON.

Agreed, by unanimous consent, to proceed to the consideration of this message. Whereupon,

_Resolved_, That the Senate do advise and consent that the
President of the United States do, at his discretion, cause
the treaty concluded at Hopewell with the Cherokee Indians,
to be carried into execution, according to the terms
thereof, or to enter into arrangements for such further
cessions of territory, from the said Cherokee Indians, as
the tranquillity and interest of the United States may
require; provided the sum which may be stipulated to be
paid to the Cherokee Indians do not exceed one thousand
dollars annually; and provided, further, that no person who
shall have taken possession of any lands within territory
assigned to the said Cherokee Indians, by the said treaty
of Hopewell, shall be confirmed in any such possessions,
but by a compliance with such terms as Congress may
hereafter prescribe.

_Resolved_, In case a new, or other boundary than that
stipulated by the treaty of Hopewell, shall be concluded
with the Cherokee Indians, that the Senate do advise and
consent solemnly to guarantee the same.

THURSDAY, August 12.

A message from the House of Representatives informed the Senate, that the House of Representatives having finished the business before them are about to adjourn, agreeably to the vote of the two Houses of Congress on Tuesday night.

On motion,

_Resolved, unanimously_, That the thanks of the Senate be
given to the corporation of the city of New York for the
elegant and convenient accommodations provided for
Congress, and that a copy of this resolve be enclosed in
the following letter from the Vice President:

NEW YORK, August 12, 1790.

SIR: It is with great pleasure, that, in obedience to an
order of the Senate of the United States, I have the honor
to enclose their resolution of this date, which was
unanimously agreed to; and, in behalf of the Senate, I
request that you will be pleased to communicate the same to
the corporation of the city, and, at the same time, signify
to them, that it is the wish of the Senate that the
corporation will permit such articles of furniture, &c. now
in the City Hall, as have been provided by Congress, to
remain for the use of that building.

I am, sir, your most obedient humble servant,

JOHN ADAMS,
_Vice President of the United States,
and President of the Senate._

To the Mayor of the city of New York.

The Senate then entered on Executive business, and proceeded to consider the message from the President of the United States, of the 7th of August, 1790, communicating a treaty entered into with the Chiefs of the Creek nation of Indians.

And, on the question to advise and consent to the ratification of the said treaty, made with the Creek nation, and referred to in the message of the President of the United States, of the 7th of August, 1790; the yeas and nays were required by one-fifth of the Senators present, and were:

YEAS.--Messrs. Carroll, Dalton, Ellsworth, Foster, Hawkins,
Henry, Johnson, Johnston, Izard, King, Lee, Paterson, Read,
Schuyler, and Stanton--15.

NAYS.--Messrs. Butler, Few, Gunn, and Walker--4.

The Senate resuming their Legislative character,

_Ordered_, That the Secretary acquaint the House of Representatives that the Senate having finished the Legislative business before them, are about to adjourn, agreeably to the vote of both Houses of Congress of the 10th instant.

And the Vice President adjourned the Senate accordingly, to meet on the first Monday in December next.

FIRST CONGRESS.--SECOND SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, January 4.

The following is a list of the Members composing the House of Representatives:

New Hampshire--NICHOLAS GILMAN, SAMUEL LIVERMORE, and ABIEL FOSTER.

Massachusetts--FISHER AMES, ELBRIDGE GERRY, BENJAMIN GOODHUE, JONATHAN GROUT, GEORGE LEONARD, GEORGE PARTRIDGE, GEORGE THATCHER, and THEODORE SEDGWICK.

Connecticut--BENJAMIN HUNTINGTON, ROGER SHERMAN, JONATHAN STURGES, JONATHAN TRUMBULL, and JEREMIAH WADSWORTH.

New York--EGBERT BENSON, WILLIAM FLOYD, JOHN HATHORN, JEREMIAH VAN RENSSELAER, JOHN LAWRENCE, and PETER SYLVESTER.

New Jersey--ELIAS BOUDINOT, LAMBERT CADWALADER, JAMES SCHUREMAN, and THOMAS SINNICKSON.

Pennsylvania--GEORGE CLYMER, THOMAS FITZSIMONS, THOMAS HARTLEY, DANIEL HEISTER, F. A. MUHLENBERG, _Speaker_, PETER MUHLENBERG, THOMAS SCOTT, and HENRY WYNKOOP.

Delaware--JOHN VINING.

Maryland--DANIEL CARROLL, BENJAMIN CONTEE, GEORGE GALE, JOSHUA SENEY, WILLIAM SMITH, and MICHAEL JENIFER STONE.

Virginia--THEODORICK BLAND, JOHN BROWN, ISAAC COLES, SAMUEL GRIFFIN, RICHARD BLAND LEE, JAMES MADISON, JUN., ANDREW MOORE, JOHN PAGE, ALEXANDER WHITE, and JOSIAH PARKER.

South Carolina--EDANUS BURKE, DANIEL HUGER, WILLIAM SMITH, THOMAS SUMTER, and THOMAS TUDOR TUCKER.

Georgia--ABRAHAM BALDWIN, JAMES JACKSON, and GEORGE MATHEWS.

The SPEAKER and twenty-five other members, viz: Messrs. FOSTER, GILMAN, LIVERMORE, AMES, GERRY, GOODHUE, GROUT, PARTRIDGE, THATCHER, SHERMAN, BENSON, FLOYD, LAWRENCE, P. MUHLENBERG, SCOTT, SENEY, BROWN, COLES, GRIFFIN, WHITE, BURKE, HUGER, SMITH, (of S. C.,) TUCKER, and BALDWIN, appeared and took their seats; but not being a quorum, they adjourned.

TUESDAY, January 5.

Mr. BOUDINOT took his seat.--No quorum.

WEDNESDAY, January 6.

Mr. SCHUREMAN, Mr. PAGE, and Mr. LEE took their seats.--No quorum.

THURSDAY, January 7.

JONATHAN STURGIS and JEREMIAH WADSWORTH, from Connecticut; JEREMIAH VAN RENSSELAER, from New York; DANIEL CARROLL, from Maryland; and GEORGE MATHEWS, from Georgia, appearing and taking their seats, a quorum of the whole House was present; of which the Senate were informed.

The SPEAKER laid before the House a letter from the President of the United States, of the 4th instant, requesting that when there shall be a sufficient number of the two Houses of Congress assembled to proceed to business, he may be informed of it; and, also, at what time and place it will be convenient for Congress that he should meet them, in order to make some oral communications at the commencement of their session; which was read, and ordered to lie on the table.

A message from the Senate informed the House, that they had appointed a committee on their part, jointly with such committee as shall be appointed on the part of the House, to wait on the President of the United States, and notify him that a quorum of the two Houses had assembled, and will be ready, in the Senate Chamber, at such time as he shall appoint, to receive any communications which he shall think proper to make.

Messrs. GILMAN, AMES, and SENEY, were then appointed a committee on the part of the House for the purpose expressed in the message from the Senate.

It was then ordered, That a committee be appointed to examine the Journal of the last session, and to report therefrom all such matters of business as were then depending and undetermined, and a committee was appointed, consisting of Messrs. BOUDINOT, SHERMAN, and WHITE.

_Resolved_, That two Chaplains of different denominations
be appointed to Congress for the present session, one by
each House, who shall interchange weekly.

_Ordered_, That the Clerk of the House do carry the said resolution to the Senate, and desire their concurrence.

Mr. GILMAN, from the committee appointed to wait on the President of the United States, pursuant to the order of this day, reported that they had, according to order, performed that service, and that the President was pleased to say he would attend to make his communications to both Houses of Congress to-morrow morning at 11 o'clock.

FRIDAY, January 8.

HENRY WYNKOOP, from Pennsylvania, appeared, and took his seat.

The Speaker and members present attended in the Senate Chamber, to receive the President of the United States, who addressed both Houses. His address will be found in the Proceedings of the Senate.

The Speaker and the members of the House having returned from the Senate, a copy of the President's speech was read, and committed to a Committee of the whole House on to-morrow.

The Journal was then read by the Clerk.

Mr. BOUDINOT moved to correct the title by striking out all the words, after declaring it merely the Journal of the House of Representatives.

After some further desultory conversation, the title of the Journal was established by a vote of the House, as follows:

_Journal of the House of Representatives of the United States._

At a session of the Congress of United States, begun and
held at the city of New York, on Monday the 4th day of
January, 1790, being the second session of the First
Congress, held under the present Constitution of
Government, for the United States, being the day appointed
by law for the meeting of the present session.

On the further reading of the Minutes, Mr. THATCHER observed, that a call of the House which had taken place at the meeting was not entered on the Journal.

Mr. PAGE was sorry to find any gentleman insist upon the entry of a measure which was not completed. He was concerned, likewise, that he had not been here to answer to his name, but he was delayed seven days by head winds, and two days by extreme badness of the roads. Under such circumstances, he thought the gentlemen who were so fortunate as to get here in time, deserved little more credit than those who were plunging at the risk of their lives through almost insuperable difficulties. He hoped it was not intended to stigmatize gentlemen who did not deserve it.

Mr. WHITE.--If the absentees were from the remote States, there would be some indelicacy in ordering a call of the House at so early a period of the session, because there might be natural unavoidable impediments to prevent their punctual attendance, but he had observed, that the absentees were mostly from the neighboring States, Connecticut, New York, New Jersey, and Pennsylvania; and some of the members had declared, they would not come until they were informed that there was a House. Now, in order to make the Journal a true transcript of what had really passed in the House, it was necessary to have this call inserted; for the motion was regularly made, seconded, and carried; the absentees were noted, and, after some time, they were called again, and those who were known to be sick, or on their way, were apologized for, and excused; here, indeed, the business terminated, and they were not ordered into the custody of the Sergeant-at-arms. After these remarks, he concluded by saying, that he did not move to have it inserted on the Journal, and was unconcerned about it.

Mr. LAWRENCE hoped the call would not be entered on the Journal, if it was intended to reproach the conduct of the absent members, for he was very well satisfied in his own mind, that few, if any, of them were guilty of neglecting their duty.

Mr. WADSWORTH likewise hoped the entry would not be made. He had left home a week ago, but had been detained by head winds. He dared to say that this would be found to be the case with respect to a number of other gentlemen; and as far as his knowledge went with relation to such as were absent, it was on necessary occasions.

Mr. PARTRIDGE did not wish to stigmatize any gentleman by an entry of this kind on the Journals. He meant simply that the fact should appear as it really happened in the House; however, as the business had not been completed, he would withdraw his second to the motion for having the entry made.

Mr. PAGE said, no new stigma could be received by him or his colleague, (Mr. LEE.) By the entry on the Journals, it appeared they were not here on Monday or Tuesday, but on Wednesday it is said that John Page and R. B. Lee appeared, and took their seats; consequently, what he had said could not be construed to favor himself or his colleague, but it was generally for those who had not been able to get here so soon.

The motion for entering on the Journals the call of the House, was withdrawn.

SATURDAY, January 9.

GEORGE CLYMER, from Pennsylvania, appeared, and took his seat.

_Secretary of the Treasury's Report._

A letter from Alexander Hamilton, Secretary of the Treasury, was read, informing the House that, agreeably to their resolution of the 21st of September, he had prepared a Plan for the support of the Public Credit, and that he was ready to report the same to this House, when they should be pleased to receive it.

It was proposed that Thursday next be assigned for this purpose.

Mr. GERRY wished to add to the motion, that it should be made in writing.

Mr. BOUDINOT hoped that the Secretary of the Treasury might be permitted to make his report in person, in order to answer such inquiries as the members might be disposed to make, for it was a justifiable surmise that gentlemen would not be able clearly to comprehend so intricate a subject without oral illustration.

Mr. CLYMER expressed some doubts with respect to the propriety of receiving oral communications from the head of such an important department. He was rather inclined to think that such communications ought to be in writing.

Mr. AMES conceived it to be the duty of the House to obtain the best information on any subject; but on this very important one they ought to be particularly careful to get it from the highest source. The Secretary of the Treasury is a most important and responsible officer; the delicacy of his situation required every indulgence to be extended to him, that had a tendency to enable him to complete the arduous undertaking in which he was engaged. It would be a real misfortune that a salutary measure should be defeated for want of being understood; yet the most advantageous plans may miscarry in their passage through this House, by reason of their not being clearly comprehended. He hoped, therefore, that the financier would be authorized to make such communications and illustrations as he judged necessary; but he wished these communications to be in writing; in this shape they would obtain a degree of permanency favorable to the responsibility of the officer, while, at the same time, they would be less liable to be misunderstood.

Mr. BENSON observed, that the Secretary of the Treasury was directed, by a resolution of the last session, to prepare a plan for the support of public credit, and to report the same at this meeting. The point to be settled is whether it shall be done by an oral communication, or transmitted in writing? In the former order of the House, this point was untouched, and the Secretary was left at his discretion to prepare himself for reporting in either way; consequently when we have fixed the time for receiving his report, he may make it in the manner for which he is prepared; but no doubt, this officer, actuated by motives of deference and respect, will conform to any rule the House may think proper to enjoin.

Mr. GERRY conceived it would be necessary the Secretary should be authorized, by a vote of the House, to give explanations to his plans. This, he was not expressly authorized to do by the vote of the last session, which confined him merely to prepare a plan for support of the public credit. Would any gentleman on this floor suppose himself capable of comprehending and combining the parts of a general system, calculated to produce such a grand effect? In a plan for supporting public credit may be comprehended every species of finance. The Secretary, under such an order, may propose an extension of your impost to entire new articles, an increase of some, and a diminution upon others. He may propose an introduction of a system of excise; with all these he may combine duties, stamps, and direct taxes. Can the human mind retain, with any great degree of decision, objects so extensive and multifarious upon a mere oral communication? This consideration alone ought to be sufficient to induce gentlemen to agree to his proposition of making the report in writing; but his proposition extended still further, it went to give him a right to lay before them his explanations, if he thinks explanations necessary.

On the question, the resolution for receiving the report of the Secretary of the Treasury in writing, was carried in the affirmative.

_President's Speech._

On motion, the House now resolved itself into a Committee of the Whole on the President's Speech. Mr. BALDWIN in the chair.

Mr. SMITH (of S. C.) proposed a resolution that an address be presented to the President, in answer to his Speech to both Houses, assuring him that this House will, without delay, proceed to take into their serious consideration the various and important matters recommended to their attention.

Mr. WHITE thought this motion hardly sufficient; it was too general to warrant a select committee to draft that particular reply which he hoped the House was disposed to make to every part of the President's speech; he therefore begged the gentleman to withdraw it, and permit him to substitute one in its stead, which he read in his place.

Mr. BOUDINOT thought the proposition just read by the honorable gentleman from Virginia much superior to that proposed by his worthy friend from South Carolina. It must have struck every gentleman that there were other matters contained in the Speech deserving of notice, besides those recommended to their serious consideration. There was information of the recent accession of the important State of North Carolina to the Constitution of the United States. This event ought to be recognized in a particular manner, according to its importance; and he presumed to think that its importance was of the very first magnitude.

A desultory conversation now took place on amending the original proposition in such a manner as to embrace generally the subjects of the speech; when, at length, it was amended to read as follows:

_Resolved_, As the sense of this committee, that an address
be presented by the House to the President of the United
States, in answer to his speech to both Houses, with
assurances that this House will, without delay, proceed to
take into consideration the various and important matters
recommended to their attention.

Whereupon Messrs. SMITH, (of S. C.,) CLYMER, and LAWRENCE, were appointed a committee to prepare the said address.

MONDAY, January 11.

JONATHAN TRUMBULL, from Connecticut; JOHN HATHORN, from New York; and ANDREW MOORE, from Virginia, appeared, and took their seats.

_Answer to the President's Speech._

Mr. SMITH, (of South Carolina,) from the committee appointed for the purpose of preparing an address in answer to the President's speech, presented a report; which being read,

Mr. PAGE moved to go into a Committee of the Whole on the same to-morrow, which was agreed to.

TUESDAY, January 12.

Agreeably to the order of the day the House resolved itself into a Committee of the Whole on the address in answer to the President's speech to both Houses.

Mr. BALDWIN being placed in the chair, the address was read as follows:

_The Address of the House of Representatives to the President of the United States._

The Representatives of the people of the United States have
taken into consideration your speech to both Houses of
Congress at the opening of the present session.

We reciprocate your congratulations on the accession of
North Carolina; an event which, while it is a testimony of
the increasing good-will towards the Government of the
Union, cannot fail to give additional dignity and strength
to the American Republic, already rising in the estimation
of the world in national character and respectability.

The information that our measures of the last session have
not proved dissatisfactory to our constituents, affords us
much encouragement at this juncture, when we are resuming
the arduous task of legislating for so extensive an empire.

Nothing can be more gratifying to the representatives of a
free people than the reflection, that their labors are
rewarded by the approbation of their fellow-citizens. Under
this impression, we shall make every exertion to realize
their expectations, and to secure to them those blessings
which Providence has placed within their reach. Still
prompted by the same desire to promote their interests
which then actuated us, we shall, in the present session,
diligently and anxiously pursue those measures which shall
appear to us conducive to that end.

We concur with you in the sentiment that agriculture,
commerce, and manufactures, are entitled to legislative
protection, and that the promotion of science and
literature will contribute to the security of a free
Government; in the progress of our deliberations, we shall
not lose sight of objects so worthy of our regard.

The various and weighty matters which you have judged
necessary to recommend to our attention, appear to us
essential to the tranquillity and welfare of the Union, and
claim our early and most serious consideration. We shall
proceed, without delay, to bestow on them that calm
discussion which their importance requires.

We regret that the pacific arrangements pursued with regard
to certain hostile tribes of Indians, have not been
attended with that success which we had reason to expect
from them; we shall not hesitate to concur in such further
measures as may best obviate any ill effects which might be
apprehended from the failure of those negotiations.

Your approbation of the vote of this House at the last
session, respecting the provision for the public creditors,
is very acceptable to us: the proper mode of carrying that
resolution into effect, being a subject in which the future
character and happiness of these States are deeply
involved, will be among the first to claim our attention.

The prosperity of the United States is the primary object
of all our deliberations, and we cherish the reflection,
that every measure which we may adopt for its advancement,
will not only receive your cheerful concurrence, but will
at the same time derive from your co-operation additional
efficacy in insuring to our fellow-citizens the blessings
of a free, efficient, and equal Government.

FRED'K A. MUHLENBERG,

_Speaker of the House of Representatives_.

Mr. BOUDINOT moved to strike out at the beginning of the third paragraph "the information," because the House were possessed of this knowledge by other means: they had, during the recess of Congress, an opportunity of consulting their constituents, and could therefore say of their own motion, that the measures of the last session have not proved dissatisfactory.

Mr. CLYMER, as one of the committee appointed to prepare a report, had agreed to the address, but he did not think himself precluded from agreeing to what he supposed would be an amendment. The words appeared to him necessary, as they were strongly implied, inasmuch as the address was in answer to the speech of the President, which really contained such information.

Mr. SMITH (of South Carolina) contended, that the House had no information with respect to the satisfaction their constituents experienced in the measures of the last session, except what was contained in the President's speech. He did not presume to deny, but every individual member of Congress might have received information of this nature in private conversation with the people, but no official communication could possibly be got at; it was therefore necessary to recognize, in the address, the quarter from whence they drew that information; in this view he considered the words necessary, and hoped they would be retained.

Mr. BOUDINOT meant to avoid the idea that it was from the Executive alone they drew this information, when it was a notorious fact, perceptible to common observation.

Mr. LAWRENCE said, the Executive was the proper source to draw such information from, and he was very happy to learn it from so respectable a quarter; he therefore hoped it would be permitted to remain in the report.

The question was now taken for striking out the words, and it passed in the negative.

It was then moved to strike out, in the first line of the fourth paragraph, the word "gratifying" and insert "grateful."

Mr. WADSWORTH did not mean to call in question the right of gentlemen to amend the address in what manner they thought proper, but he would just remark, that the composition of two or three gentlemen, done with deliberation and coolness, generally had more elegance and pertinency, than the patchwork of a large assembly. He should therefore vote against every alteration that went to nothing more than to change the style; if gentlemen were disposed to contend for principle, he should listen to them with attention, and decide according to the best of his judgment, but he really conceived it to be a waste of time to discuss the propriety of two such terms as grateful and gratifying.

Mr. PAGE hoped that gentlemen would proceed to amend the address in such a way as to give it the highest degree of perfection. He would rather have his feelings hurt, provided they could be said to be hurt by changing the language of his most favorite production, than that an address should go from this body with any incorrectness whatever. He hoped the House would always criticise upon, strike out and amend, whatever matter was before them with boldness and freedom. And he would observe to gentlemen, that the most refined and accurate writers were never ashamed to have it said of them, that they blotted out.

Mr. WHITE said, that every gentleman had an undoubted right to take the sense of the House upon an amendment, and that it ought not to be considered as a reflection upon those who drew up the address.

Mr. WADSWORTH did not pretend to be a critic, but thought he understood the meaning of the words gratifying and grateful, and he conceived the difference to be too trifling to engage the attention of the House. He hoped that he had been as modest as a man could be in his observations, and was sorry to have drawn his worthy friend from Virginia into any severities.

Mr. THATCHER apprehend the meaning of these two words to be the same, and the reception of either was only important as it related to the measure or harmony of the period. Now those gentlemen who are qualified to decide this point, might vote for the substitute; but for his part he was very well satisfied with it as it stood.

Mr. STURGES wished the sentence struck out altogether, because he did not conceive the assertion to be true; for he did believe that there was something which could and ought to be more gratifying to the representatives of a free people than the reflection that their labors are rewarded by the approbation of their fellow-citizens; to be sure it was a grateful reflection, but there was one much more so, which was, that their labors had tended to advance the real interests of the people. If it is, as it ought to be, our highest ambition to promote the general interest, it must be most gratifying to us to learn that we have attained that desirable end.

Mr. PAGE had only heard some expressions from the gentleman from Connecticut (Mr. WADSWORTH) which he imagined had a tendency to discourage the House from making necessary alterations; but he was convinced, from the known candor and impartiality of that gentleman, that he must not have fully comprehended his intentions, and therefore begged to apologize to him for any thing he might have said partaking of severity.

The question was now put for striking out "gratifying" and inserting "grateful," and passed in the negative.

The committee then agreed to the report, rose, and the Chairman reported it without amendment.

Mr. Speaker being seated in the chair, the address was read again and unanimously agreed to by the House.

It was then moved that a committee be appointed to wait on the President of the United States, to learn from him at what time, and in what place he would receive this address. Messrs. SMITH, (of South Carolina,) CLYMER, and LAWRENCE, were appointed the committee on this occasion.

WEDNESDAY, January 13.

BENJAMIN HUNTINGTON, from Connecticut; LAMBERT CADWALADER, from New Jersey; DANIEL HEISTER, from Pennsylvania, and WILLIAM SMITH, from Maryland, appeared and took their seats.

Mr. SMITH (of South Carolina) reported that the President would be ready to receive their address to-morrow at 12 o'clock.

THURSDAY, January 14.

THEODORE SEDGWICK, from Massachusetts, and THOMAS HARTLEY, from Pennsylvania, appeared and took their seats.

The House then went and presented the address to the President, to which the President was pleased to make the following reply:

_Gentlemen:_

I receive, with pleasure, the assurances you give me, that
you will diligently and anxiously pursue such measures as
shall appear to you conducive to the interests of your
constituents; and that an early and serious consideration
will be given to the various and weighty matters
recommended by me to your attention.

I have fall confidence that your deliberations will
continue to be directed by an enlightened and virtuous zeal
for the happiness of our country.

GEO. WASHINGTON.

FRIDAY, January 15.

JAMES JACKSON, from Georgia, appeared and took his seat.

Mr. HARTLEY moved an adjournment, when

Mr. PAGE rose and said, he wished to call the attention of the House, before they adjourned, to a subject which he thought of importance, and which ought no longer to be in the undecided state it had been in since the last session; it was this, whether the persons who had taken down and published the debates of the House, by the tacit consent of the members during the last session, and who had withdrawn from the seats they then held in the House, to the gallery, during this session, might not return to the same seats. He supposed that they had modestly withdrawn, on the supposition that the debate which took place just before the adjournment, showed that the sense of the members was against their sitting in the House; but the contrary was the case; that he knew their publications had given great satisfaction to many of the constituents of that House; that the House was applauded for its conduct on that occasion, both at home and abroad, and had been highly commended for it in some British publications; that he was anxious that the short-hand writers should resume their seats in the House, lest it might be insinuated by the jealous enemies of our Government, that the House of Representatives were more republican and indulgent the last session than this; that removing those writers to the gallery, was but a step towards removing them from the House, and that this suspicion would be increased by circumstances which, however innocent, nay proper in themselves, might be misunderstood and excite uneasiness. The doors of the gallery had been two days shut, the House had made a parade through the streets, and had displayed their eagle in their hall; that these circumstances, if followed by the exclusion of the short-hand writers, might spread an alarm which ought to be avoided; he therefore hoped that those gentlemen who had retired to the gallery might be informed that they might return to the seats they occupied in the last session--that he avoided making a regular motion to this effect, because he knew that some worthy members who wished to admit those writers, or any others, did not think their admission ought to be sanctioned by vote, and appear on the journals, lest that might sanction and authenticate erroneous publications; but that if he should not discover that the sense of the members present was in favor of the ideas he had expressed, that to-morrow he would bring forward a motion made by a member from South Carolina, (Mr. TUCKER,) last session, for that purpose, for he had no fears that a vote of the House to authorize the admission of such writers, would make the House answerable for their publications.

Mr. HARTLEY withdrew his motion for adjournment, in order that the subject alluded to by the gentleman from Virginia (Mr. PAGE) might be understood.

Mr. WHITE said, he felt averse to enter into a positive resolution for the admission of any person to take down the debates, but wished them permitted to a convenient seat within the bar for the purpose of hearing with greater accuracy. But he feared that a vote of the House would give a sanction to the details, which the publications ought not to have. Not that he thought them worse than similar publications in other countries; on the contrary, he thought them better, if he judged from what had fallen under his particular observation, and what he recollected to have from others. He did not wish a positive motion for the admission of short-hand writers, because gentlemen might object to a vote of the kind, and he should be very loth to discourage publications of the advantages of which he was well convinced; he knew they had given great satisfaction to the people of America, and it was a satisfaction of which he would not deprive them. Although these publications had not given an exact and accurate detail of all that passed in Congress, yet their information had been pretty full, and he believed the errors not very many; those that were made, he supposed to arise rather from haste or inadvertence, than from design. He was convinced of this, from the disposition the publishers had manifested to correct any errors that were pointed out, and the pains they sometimes took to ask gentlemen what were their particular expressions, when they either did not hear distinctly, or did not comprehend the speaker's meaning. He wished, therefore, the business might go on; but silently, as it had heretofore done, without the express approbation of the House. He was fully convinced, that neither the editor of the Register, nor any other man, but the members of the House, had a right to a seat within those walls, without the consent of every member; but he thought this consent would be tacitly given if no gentleman opposed their introduction, and in this way he most heartily concurred with his colleague in agreeing to the admission of such persons as thought themselves qualified, and were inclined to take down and publish their debates and proceedings; he should be glad to see them in the seats they had last session, but he should object to the vote being entered on the journals of the House.

Mr. BOUDINOT thought the mode proper to be pursued on this occasion, would be to give a discretionary power to the Speaker to admit such persons as he thought proper. Under such a regulation, short-hand writers might be admitted, without giving to their publications any degree of legislative authority.

Mr. THATCHER hoped that it was not the intention of gentlemen to confine the business to one person only, because others might appear of equal capacity, and equally deserving of encouragement.

Mr. PAGE said, he did not wish to confine the vote to any two or three writers, he cared not how many were admitted. It ought to be remembered, that he said, when this subject was before the House at the last session, that he saw no reason why Mr. FENNO should not be within the House as well as Mr. LLOYD, instead of being in the gallery. He had no objection to admitting any number of short-hand writers, provided they did not incommode the members.

Mr. SMITH, (of South Carolina.)--I do not wish, Mr. Speaker, to exclude others from a convenient seat; but at the same time, I think those who were here before, have a pre-emption right to the best. I assure you, sir, I am sorry for the loss of them off the floor, because I think their publications had a salutary tendency. It has been said, that it was the design of the short-hand writers to give a partial representation of our proceedings. I believe, if they are not correctly given, it is owing to the hurry in which business of this kind is conducted, and I am confirmed in this opinion, by some errors which I have discovered in the publication of our proceedings. It was said that a committee was appointed to bring in a bill for the preservation and safe-keeping of the _accounts_ of the United States. I thought within myself that we were not so tenacious on this head, therefore suspected some mistake, and on consulting the journals I found that a committee had been appointed to bring in a bill for the safe-keeping and preservation of the _acts_ of the United States. The similarity of the letters in those two words, and the great abridgment short-hand writers are obliged to make for the sake of expedition, may have caused him to substitute the one for the other. In another place I found a greater blunder still; it was said, that the House had appointed a committee for the regulation of the _barbers_ of the United States; this struck me as a very gross misrepresentation, for I could hardly believe that the Legislature of the Union would, at so early a day, attempt to usurp an authority not vested in them by the constitution, and that, too, over a body of men who could at any time put an end to the tyranny with the edge of the razor; but on searching the minutes in this case, I found that a bill was brought in for the regulation of the _harbors_ of the United States. Upon the whole, I believe, inaccurate as this work is, it has given to our constituents great satisfaction, and I should be glad to see our _Argus_ restored to his former situation behind the Speaker's chair, from whence he could both see and hear distinctly every thing that passed in the House.

TUESDAY, January 19.

The bill for enumerating the inhabitants of the United States was read a second time, and ordered to be committed to a Committee of the Whole.

WEDNESDAY, January 20.

JAMES MADISON and JOSIAH PARKER, from Virginia, appeared and took their seats.

THURSDAY, January 21.

GEORGE LEONARD, from Massachusetts, PETER SYLVESTER, from New York, and THOMAS FITZSIMONS, from Pennsylvania, appeared and took their seats.

MONDAY, January 25.

_Census of the Union._

The House resolved into Committee of the Whole on the bill providing for the actual enumeration of the inhabitants of the United States, Mr. BALDWIN in the chair.

Mr. MADISON observed, that they had now an opportunity of obtaining the most useful information for those who should hereafter be called upon to legislate for their country, if this bill was extended so as to embrace some other objects besides the bare enumeration of the inhabitants; it would enable them to adapt the public measures to the particular circumstances of the community. In order to know the various interests of the United States, it was necessary that the description of the several classes into which the community is divided should be accurately known. On this knowledge the Legislature might proceed to make a proper provision for the agricultural, commercial, and manufacturing interests, but without it they could never make their provisions in due proportion.

This kind of information, he observed, all Legislatures had wished for; but this kind of information had never been obtained in any country. He wished, therefore, to avail himself of the present opportunity of accomplishing so valuable a purpose. If the plan was pursued in taking every future census, it would give them an opportunity of marking the progress of the society, and distinguishing the growth of every interest. This would furnish ground for many useful calculations, and at the same time answer the purpose of a check on the officers who were employed to make the enumeration; forasmuch as the aggregate number is divided into parts, any imposition might be discovered with proportionable ease. If these ideas meet the approbation of the House, he hoped they would pass over the schedule in the second clause of the bill, and he would endeavor to prepare something to accomplish this object.

The committee hereupon agreed to pass over the part of the bill alluded to.

Mr. LIVERMORE moved to amend the last clause of the bill, by striking out all that related to the mode of compensating the Marshal and his assistants, which were specified sums, proportioned to the service, and to substitute a provision, authorizing the Marshal, or his assistants, to receive from every male white inhabitant above the age of twenty-one, five cents; and of the owner of every male slave, of like age, three cents; reserving, for his own use, four cents out of every five, and paying the other one cent to the Marshal. He thought this was an equitable tax, agreeable to the spirit of the constitution; that it might be collected with safety and satisfaction; while, on the other hand, the mode proposed in the bill would be extremely inconvenient; it would draw a considerable sum out of the Treasury, which their present situation did not enable them to spare.

On the question this motion was lost.

The committee then, after making some small amendments, rose and reported progress.

THURSDAY, January 28.

_Report of the Secretary of the Treasury._

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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)Chapter XX: Introduction (19)

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