Chapter XXIX: Introduction (28)

While we regret that the continuance and increase of the
hostilities and depredations which have distressed our
north-western frontiers, should have rendered offensive
measures necessary, we feel an entire confidence in the
sufficiency of the motives which have produced them, and in
the wisdom of the dispositions which have been concerted,
in pursuance of the powers vested in you; and, whatever may
have been the event, we shall cheerfully concur in the
provisions which the expedition, that has been undertaken,
may require on the part of the Legislature, and in any
other which the future peace and safety of our frontier
settlements may call for.

The critical posture of the European Powers will engage a
due portion of our attention, and we shall be ready to
adopt any measures which a prudent circumspection may
suggest, for the preservation of the blessings of peace.
The navigation and the fisheries of the United States are
objects too interesting not to inspire a disposition to
promote them, by all the means which shall appear to us
consistent with their natural progress and permanent
prosperity.

Impressed with the importance of a free intercourse with
the Mediterranean, we shall not think any deliberations
misemployed which may conduce to the adoption of proper
measures for removing the impediments that obstruct it.

The improvement of the Judiciary system, and the other
important objects to which you have pointed our attention,
will not fail to engage the consideration they respectively
merit.

In the course of our deliberations upon every subject we
shall rely upon that co-operation which an undiminished
zeal, and incessant anxiety for the public welfare, on your
part, so thoroughly ensure; and, as it is our anxious
desire, so it shall be our constant endeavor, to render the
established Government more and more instrumental in
promoting the good of our fellow-citizens, and more and
more the object of their attachment and confidence.

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

MONDAY, December 13.

WILLIAM S. JOHNSON, from Connecticut, and PHILIP SCHUYLER, from New York, attended.

Mr. ELLSWORTH, from the committee appointed on the 10th, to wait on the President of the United States, reported:

That it would be agreeable to the President to receive the Address of the Senate, in answer to his Speech to both Houses of Congress, on Monday next, at 12 o'clock.

Whereupon,

The Senate waited upon the President of the United States at his own house, and the Vice President, in their name, communicated to him the Address agreed to on the 10th instant; to which the President of the United States was pleased to make the following reply:

GENTLEMEN: These assurances of favorable attention to the
subjects I have recommended, and of entire confidence in my
views, make the impression on me which I ought to feel. I
thank you for them both, and shall continue to rely much
for the success of all our measures for the public good, on
the aid they will receive from the wisdom and integrity of
your councils.

GEO. WASHINGTON.

The Senate returned to the Senate Chamber.

WEDNESDAY, December 15.

JOSEPH STANTON, junior, from Rhode Island, attended.

MONDAY, January 10.

JOHN HENRY, from Maryland, attended.

MONDAY, January 17.

JAMES GUNN, from Georgia, attended.

FRIDAY, January 21.

CHARLES CARROLL, from the State of Maryland, attended.

MONDAY, February 14.

The Senate on Executive business. The following Message from the PRESIDENT OF THE UNITED STATES was under consideration:

_Gentlemen of the Senate:_

Conceiving that in the possible event of a refusal of
justice on the part of Great Britain, we should stand less
committed should it be made to a private rather than a
public person, I employed Mr. Gouverneur Morris, who was on
the spot, and without giving him any definite character, to
enter informally into the conferences before mentioned. For
your more particular information, I lay before you the
instructions I gave him, and those parts of his
communications wherein the British ministers appear either
in conversation or by letter. These are two letters from
the Duke of Leeds to Mr. Morris, and three letters of Mr.
Morris, giving an account of two conferences with the Duke
of Leeds, and one with him, and Mr. Pitt. The sum of these
is, that they declare, without scruple, they do not mean to
fulfil what remains of the Treaty of Peace to be fulfilled
on their part, (by which we are to understand the delivery
of the posts and payment for property carried off,) till
performance on our part, and compensation where the delay
has rendered the performance now impracticable; that on the
subject of a treaty of commerce they avoided direct
answers, so as to satisfy Mr. Morris they did not mean to
enter into one unless it could be extended to a treaty of
alliance offensive and defensive, or unless in the event of
a rupture with Spain.

As to the sending a Minister here, they made excuses at the
first conference, seemed disposed to it in the second, and
in the last express an intention of so doing.

Their views being thus sufficiently ascertained, I have
directed Mr. Morris to discontinue his communications with
them. GEO. WASHINGTON.

UNITED STATES, _Feb._ 14, 1791.

_Ordered_, That this Message lie for consideration.

TUESDAY, February 15.

RICHARD HENRY LEE, from Virginia, attended.

No business of importance before the Senate to-day.

THURSDAY EVENING, March 3.

A message from the House of Representatives informed the Senate that they, having completed the Legislative business before them, intend shortly to adjourn without day.

_Ordered_, That the Secretary acquaint the House of Representatives that the Senate, having completed the Legislative business before them, are about to adjourn; and having acquainted the VICE PRESIDENT that he had delivered the message,

The Senate adjourned without day.

FIRST CONGRESS.--THIRD SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, December 6, 1790.

On which day, being the day appointed by adjournment of the two Houses for the meeting of the present session, the following members appeared and took their seats, to wit:

_From New Hampshire_--ABIEL FOSTER, NICHOLAS GILMAN, and SAMUEL LIVERMORE.

_From Massachusetts_--FISHER AMES, BENJAMIN GOODHUE, and GEORGE THATCHER.

_From Connecticut_--BENJAMIN HUNTINGTON, ROGER SHERMAN, and JONATHAN STURGES.

_From New York_--EGBERT BENSON, WILLIAM FLOYD, JOHN LAWRENCE, and PETER SYLVESTER.

_From New Jersey_--ELIAS BOUDINOT, LAMBERT CADWALADER, and JAMES SCHUREMAN.

_From Pennsylvania_--GEORGE CLYMER, THO'S FITZSIMONS, FREDERICK AUGUSTUS MUHLENBERG, PETER MUHLENBERG, and HENRY WYNKOOP.

_From Maryland_--JOSHUA SENEY.

_From Virginia_--JOHN BROWN, SAMUEL GRIFFIN, and JAMES MADISON, Junior.

_From North Carolina_--TIMOTHY BLOODWORTH and HUGH WILLIAMSON.

_From South Carolina_--WILLIAM SMITH.

_From Georgia_--ABRAHAM BALDWIN.

Which not forming a quorum of the whole number, the House adjourned until to-morrow.

TUESDAY, December 7.

DANIEL HEISTER and THOMAS SCOTT, from Pennsylvania; RICHARD BLAND LEE, from Virginia; and DANIEL HUGER, from South Carolina, appeared and took their seats.

WILLIAM B. GILES, from Virginia, returned in the place of Theodorick Bland, deceased, also appeared, produced his credentials, and took his seat.

WEDNESDAY, December 8.

ELBRIDGE GERRY and JONATHAN GROUT, from Massachusetts; ANDREW MOORE and ALEXANDER WHITE, from Virginia; and THOMAS TUDOR TUCKER, from South Carolina, appeared and took their seats.

A message from the Senate informed the House that they are ready to meet the members of this House in the Senate Chamber, to receive the usual communication from the President of the United States.

Mr. SPEAKER, attended by the members of this House, then withdrew to the Senate Chamber, for the purpose expressed in the above message.

And being returned, the SPEAKER laid before the House a copy of the Speech, delivered by the PRESIDENT (which will be found in the proceedings of the Senate),

Which being read, it was, on motion, committed to the consideration of a Committee of the whole House to-morrow.

THURSDAY, December 9.

JAMES JACKSON and GEORGE MATHEWS, from Georgia, appeared and took their seats.

_Address to the President._

On motion, the House resolved itself into a Committee of the Whole on the Speech of the President of the United States, Mr. LIVERMORE in the chair.

On motion of Mr. LAWRENCE, the committee agreed to a resolution, which the committee rose and reported to the House, which was concurred with as follows:

_Resolved_, that it is the opinion of this committee, that
an Address ought to 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.

And Messrs. MADISON, AMES, and TUCKER, were appointed to prepare the Address.

FRIDAY, December 10.

GEORGE PARTRIDGE, from Massachusetts; JONATHAN TRUMBULL and JEREMIAH WADSWORTH, from Connecticut; THOMAS SINNICKSON, from New Jersey; and WILLIAM SMITH, from Maryland, appeared and took their seats.

SATURDAY, December 11.

A translation of the Letter from the President of the Commonalty of Paris, addressed to the Federal Legislature, was read as follows:

_Mr. President--Gentlemen:_

The news has reached our ears--FRANKLIN is no
more!--FRANKLIN, the citizen of the world!--All nations are
indebted to him for instruction in every branch of science.
They are all bound to participate in the grief occasioned
by this common loss. But the Assembly of the
Representatives of the Commonalty of our capital, thinking
it their duty, in addition to the general mourning, to pay
to his memory a further tribute of honor, have ordered, by
a public decree, that the virtues and talents of this great
philosopher should be perpetuated to distant ages, in a
public and solemn Eulogy--the first of the kind ever
bestowed by our nation on civic worth.

By order of the Assembly I transmit it to your hands; and,
with the most lively sensations of pleasure, embrace the
opportunity of paying due homage to a body of men, who not
only possess, but are justly entitled to enjoy the sweets
of Liberty.

May the approbation of your Assembly attend, as well the
present itself, as the fraternal and respectful sentiments
with which

I am, Mr. President--Gentlemen,
Your most obedient humble servant,
BENIERE,

_Doctor of the Sorbonne, Suppletory Member
of the National Assembly, and President
of the Commonalty of Paris._

To the PRESIDENT and CONGRESS _of the United States_.

The letter accompanied twenty-six copies of the Eulogium on Dr. FRANKLIN, delivered by the Abbé Fauchet, pursuant to a decree of that body.

Mr. BOUDINOT proposed that thirteen copies of the Eulogium be returned to the President of the United States and the Senate; which was done.

Mr. SMITH (of South Carolina) observed, that it would be proper to request the President of the United States to return an answer to the President of the Commonalty of Paris, or that a Joint Committee of the House and Senate should be appointed for the purpose. He was not tenacious of any particular mode, but supposed it highly proper that some notice should be taken of the polite attention shown the Government by the President of the Commonalty of Paris. The business was specially committed to the SPEAKER.

Agreeably to the order of the day, the House resolved itself into a Committee of the Whole, to take into consideration the Address to the President of the United States, in answer to his Speech to both Houses, as reported yesterday. Mr. LIVERMORE in the chair.

The Address was read by the clerk, and then discussed by the committee in paragraphs.

On reading the clause respecting the Western expedition against the Indians,

Mr. JACKSON rose and observed, that he was as fully impressed with the importance of an Indian war, and of extending the protection of Government to our defenceless frontiers, as any man whatever, and had no doubt of the necessity of the measures taken to chastise the banditti on the Ohio; but as a Representative from the State of Georgia, he should think himself inexcusable were he not to express his astonishment that no notice is taken in the President's speech of the treaty with the Creek Nation; a treaty which has spread alarm among the people of that State--a treaty by which more than three millions of acres of land, the property of the State of Georgia, guarantied to that State by the Constitution of the United States, are ceded away without any compensation. Mr. J. then adverted to several articles of the treaty, which he said controverted the plainest principles of the constitution, particularly those parts which secure to every citizen the rights of property. He contrasted the present situation of the inhabitants of Georgia, with what it was under the British Government, and said this treaty placed them in a less eligible situation in respect to the Indians.

It had been said, exclaimed he, that there are secret articles in the treaty. Good God! at this early period are there to be secret articles existing between the United States and any other nation under heaven! Treaties by the constitution are to be considered the supreme law of the land; but will Congress permit the laws of the United States, like those of _Caligula_, to be placed where they cannot be read, and then punish the people for not obeying them? The people will never submit to be bound by secret articles.

[Here the Chairman interrupted Mr. JACKSON, by inquiring whether his observations were intended as introductory to any motion on the paragraph just read.]

Mr. J. replied, that it was his intention, at a future day, to introduce a motion, that the President be requested to lay before this House the treaty with the Creek Indians--not excepting the secret articles. He then expatiated on the sufferings of the people of Georgia, and asked, what must be their feelings when they reflect on the preparations made to chastise the Wabash banditti, while the exertions of Congress have not been called forth to their relief. The President sent three Commissioners to Georgia (not one of whom was a citizen of that State). They investigated the truth of her representations, and made a report favorable to her claims, that the lands in dispute were fairly purchased, and as fully obtained as the Confederation, or the nature of the case would admit; but what has been the result? The treaty, so far from recognizing the rights of Georgia, has sacrificed them--the report of the Commissioners does not appear to have been attended to. On the other hand, a savage of the Creeks has been invited and brought to the seat of Government, and there loaded with favors, and caressed in the most extraordinary manner.

He said, he would not at present engross any more of the time of the House, only to give notice that, at a future opportunity, he should move that the President of the United States be requested to lay before the House for their consideration, the treaty with the Creek Indians--not excepting the secret articles.

The paragraph respecting encouraging our own navigation being read,

Mr. SMITH (of South Carolina) observed, that he did not rise to propose any alterations in the style of the Address; the language was such as might be expected from the acknowledged abilities of the gentleman who drafted it. The paragraph just read, he conceived, pledged the House to take measures in respect to our own navigation, which may, in the issue, prove injurious to the agricultural interests of the United States. At this early period of the session, it appeared extremely improper for the House to commit itself, especially as few, if any of the States, are fully represented on the floor. He was afraid that the mode of expression adopted in the Address would conduce to the exclusion of foreign bottoms altogether. If the opinion of the committee should be adopted by the House, he conceived it would be anticipating a decision to the precluding future discussions of the subject. He foresaw that this paragraph would be called up at some future period, and brought as an argument against any different propositions that might be offered--and thus the question be determined without any debate. He thought the Address went into too minute a consideration of the several parts of the Speech, and could have wished that more general terms had been used. As a substitute for the paragraph under consideration, he moved the following amendment in substance:

"We shall consider with attention the best means of
guarding against the embarrassments you mention, and will
take such measures as may remove every obstruction to the
prosperity of the commerce and agriculture of the United
States."

Mr. WILLIAMSON observed, that he saw no material difference between the paragraph in the report and the amendment proposed. The mode of expression adopted by the committee is in so general terms, that he hoped it would have met the full approbation of every member of the committee. The President proposes that the commerce of the United States should be relieved from all injurious restrictions; nothing can be more just and reasonable: and this is perfectly compatible with supporting the agricultural interests of the country; the promotion of the former involves that of the latter. He touched on the impositions of Great Britain on our commerce, and observed, that reason and justice point out the propriety of seeking redress. He, however, saw no opposition in the two propositions; but as the obvious design in bringing forward the substitute is to preclude such an inquiry as the exigency of the case seems to require, he hoped it would not be adopted.

Mr. JACKSON observed that he had seconded the motion of the gentleman from South Carolina, because he thought there was an obvious difference in the two modes of expression. He then entered into a discussion of the subject generally; and enlarged on the injurious consequences which would result to the Southern States particularly by enhancing the duties on foreign bottoms. He said, that the tonnage was at present so high as to prevent foreigners from becoming our carriers; several instances of this had been mentioned to him from good authority; and while the American shipping was incompetent to the object, and he called on gentlemen to show that it was, the exclusion of foreign ships from our ports must be ruinous to South Carolina and Georgia; therefore, he hoped the amendment would take place.

Mr. SHERMAN said, that the words in the report appeared to him less exceptionable than those in the proposed amendment, even on the principle supported by the gentleman in favor of the amendment. In the report it was only said, we should consider what means, &c., but the amendment declared we should take effectual measures. The words in the report only binding us to consider--those in the amendment obliging us to act. He thought the answer should be general, and was therefore against the amendment.

Mr. SMITH (of South Carolina) observed, that the member last up had confined his observation to the first words in the paragraph objected to. If he will take the trouble of reading a little further, he will see, that as the report stands, we give it as our opinion, that foreign bottoms ought to be excluded, which would be severely felt by the States of South Carolina and Georgia. We cannot wholly depend upon our own vessels for the exportation of our produce; they are not sufficiently numerous, nor will they be for many years; therefore, let us not at this time, in a hasty manner, declare, that all articles exported shall be carried in our own bottoms. To settle this important question, Mr. S. thought that some time should be given to reflect, and a day fixed for discussion; in the mean time, he thought it improper at this stage of the session, that the opinion of the House should be given.

Mr. WILLIAMSON remarked, that the report did not say that we should have no dependence on foreign bottoms; but that we should not depend altogether upon them for the exportation of our produce. He had no idea of excluding foreign bottoms. He was for making provision in case that resource should fail.

Mr. JACKSON.--To show the importance of foreign shipping to the Southern States, and the inadequacy of our own to transport their produce, notwithstanding the low duty on American shipping, Mr. J. read a statement of the tonnage duties paid by each, in the State of Georgia, for the same period; the foreign tonnage amounted to eight thousand two hundred and twenty-seven dollars, the American to six hundred and twenty-nine dollars only. This being the fact, he inquired, what could be done with the Southern produce, in case of the exclusion of foreign bottoms? It must rot in the planter's hands. With respect to the amendment's being as positive as the clause in the report, as had been asserted, if this is the case he could see no objection to its being adopted.

Mr. TUCKER said, he thought it improper that in an Address on this occasion, the committee should go into a particular detail on every subject; much less commit their judgment without a previous discussion. The President may have maturely considered the subject during the recess, but the committee cannot be supposed to be prepared for a decision. The thinness of the House was a further objection, in his opinion, to entering into a discussion of the question. He was not pleased with the paragraph in the report, as it seemed to imply that nothing had been done for the encouragement of our own navigation, the reverse of which was fact. The posture of affairs in Europe suggested no stronger reasons for giving further encouragement to our own navigation than what was presented last session; the expediency of the measure is not therefore apparent from any change of circumstances. Though he was dissatisfied with the report, the amendment proposed fell short of his wishes. It did not recognize what had been done for the encouragement of American shipping. He would, therefore, propose a substitute by leave of his colleague; which he did to the following purport: "The encouragement of our own navigation has at all times appeared to us highly important, and has employed a large share of our deliberations; we shall continue to pay due attention to the subject, and consider by what means our commerce and agriculture may be best promoted."

Mr. SMITH withdrew his motion to admit Mr. TUCKER's.

Mr. SENEY said, he could not conceive what ground of apprehension there was in the Address, to lead gentlemen to suppose that the opinion of the House would be committed by its adoption. He thought it couched in the most general and unexceptionable terms. The amendment proposed he did not think essentially variant from the paragraph under consideration; but as the original was well expressed, he saw no reason for expunging the clause; it contained an assertion, the truth of which he supposed would not be controverted. As to the objection against going into a detail of particulars, it was fully justified by precedent in the last Address; the gentleman from South Carolina, he will recollect, was on the committee who framed it; that Address more pointedly committed the House than the present.

Mr. MADISON thought proper to take some notice of the objections that had been made to the report. There were two modes of proceeding, which might be adopted in drawing up the answer. The first method was generally to declare, that the House would take into their serious consideration the business recommended to their attention by the President. And this, he observed, would be saying nothing, for, as by the constitution it was the President's duty to communicate what matters he judged of importance, so it was undoubtedly that of the House to pay attention to the objects recommended. The second method was, to enter into a detail of the different points mentioned in the President's Address, and in such cases where there was no doubt as to the propriety of measures being taken, assure him, in the answer, that measures would be adopted; and if any thing doubtful occurred, merely promise that the subject would be attended to. This rule the committee had followed in drawing up their report, and as in the business mentioned in the paragraph now before the House, they did not hesitate to believe some measures necessary, they could see no impropriety in assuring him that the best would be adopted. He added, that as it is clear that a war in Europe would, by depriving us of foreign bottoms to export our produce, injure this country; and as wars were doubtful, it was of the utmost importance that the American navy be put on so respectable a footing as not to need foreign aid for the exportation of her produce. He further observed, that the answer returned last session was more full, and went even to give the President assurances that the House would concur in certain points proposed for their consideration in his address. He concluded by remarking, that the amendment proposed was binding on the House quite as much as the paragraph in the report.

Mr. SMITH (of South Carolina) said, it was true those who reported the Address the last session, adverted to particulars; but were cautious in their mode of expression, and adopted ambiguous language to avoid giving an opinion. This would appear by recurring to that Address. The charge of inconsistency on his part was therefore not well founded. Mr. S. read some paragraphs of that Address, and observed that the House was not pledged by the expressions then read; but in the present Address there is an opinion given. It says that we ought not to depend on foreign bottoms, because in case of war we may be deprived of that resource. These declarations originated the objections, and gave rise to the amendment. He proposed, therefore, as gentlemen appear to have no objection to either mode of expression, that they would accommodate for the sake of harmony and unanimity.

The question on the amendment was lost by a considerable majority.

The remainder of the Address was read, and agreed to by the committee. The committee then rose and reported, and the House adopted it unanimously.

A committee was then appointed to wait on the President of the United States, to know at what time and place it would be convenient for him to receive the Address.

The committee having waited on the President, Mr. MADISON reported, that the President was pleased to return for answer, that, at two o'clock on Monday next, he would receive the Address at his own house.

Messrs. WILLIAMSON and SHERMAN were added to the committee on the bill to amend the act for promoting the progress of the useful arts.

Mr. MATHEWS was appointed on the committee on the militia bill, _vice_ Mr. JACKSON, who begged leave to decline serving, as his colleague had been heretofore on that business, and must consequently be better acquainted with the subject than he was.

MONDAY, December 13.

GEORGE LEONARD from Massachusetts; JOHN VINING, from Delaware; JOSIAH PARKER, from Virginia; JOHN BAPTIST ASHE, from North Carolina; and EDANUS BURKE, from South Carolina, appeared and took their seats.

_Eulogium on Dr. Franklin._

Mr. SMITH (of South Carolina) introduced the following motion, which was read, and laid on the table:

The House being highly sensible of the polite attention of
the Commonalty of Paris, in directing a eulogium to the
illustrious memory of Dr. Benjamin Franklin, pronounced
before them, to be transmitted to the President and
Congress of the United States,

_Resolved_, That the Speaker communicate the sense of this
House in a letter addressed to the President and Commonalty
of Paris.

_Address to the President._

At two o'clock, the House, preceded by the Sergeant-at-Arms, waited on the President of the United States, at his house where the SPEAKER delivered the following Address in answer to his Speech to both Houses:

SIR: The Representatives of the people of the United States
have taken into consideration your Address to the two
Houses at the opening of the present session of Congress.

We share in the satisfaction inspired by the prospects
which continue to be so auspicious to our public affairs.
The blessings resulting from the smiles of Heaven on our
agriculture, the rise of public credit, with the further
advantages promised to it, and the fertility of resources
which are found so little burdensome to the community,
fully authorize our mutual congratulations on the present
occasion. Nor can we learn, without an additional
gratification, that the energy of the laws for providing
adequate revenues have been so honorably seconded by those
classes of citizens whose patriotism and probity were more
immediately concerned.

The success of the loan, opened in Holland under the
disadvantages of the present moment, is the more important,
as it not only denotes the confidence already placed in the
United States, but as the effects of a judicious
application of that aid will still further illustrate the
solidity of the foundation on which the public credit
rests.

The preparatory steps taken by the State of Virginia, in
concert with the District of Kentucky, towards the erection
of the latter into a distinct member of the Union, exhibit
a liberality mutually honorable to the parties. We shall
bestow on this important subject the favorable
consideration which it merits, and with the national policy
which ought to govern our decision, shall not fail to
mingle the affectionate sentiments which are awakened by
those expressed in behalf of our fellow-citizens of
Kentucky.

Whilst we regret the necessity which has produced offensive
hostilities against some of the Indian tribes north-west of
the Ohio, we sympathize too much with our Western brethren,
not to behold with approbation the watchfulness and vigor
which have been exerted by the Executive authority for
their protection; and which, we trust, will make the
aggressors sensible that it is their interest to merit, by
a peaceable behavior, the friendship and humanity which the
United States are always ready to extend to them.

The encouragement of our own navigation has at all times
appeared to us highly important. The point of view under
which you have recommended it to us is strongly enforced by
the actual state of things in Europe. It will be incumbent
on us to consider in what mode our commerce and agriculture
can be best relieved from an injurious dependence on the
navigation of other nations, which the frequency of their
wars renders a too precarious resource for conveying the
productions of our own country to market.

The present state of our trade in the Mediterranean seems
not less to demand, and will accordingly receive, the
attention which you have recommended.

Having already concurred in establishing a Judiciary
system, which opens the doors of justice to all without
distinction of persons, it will be our disposition to
incorporate every improvement which experience may suggest;
and we shall consider, in particular, how far the
uniformity which in other cases is found convenient in the
administration of the General Government through all the
States may be introduced into the forms and rules of
executing sentences issuing from the Federal Courts.

The proper regulation of the jurisdiction and functions
which may be exercised by Consuls of the United States in
foreign countries, with the provisions stipulated to those
of His Most Christian Majesty established here, are
subjects of too much consequence to the public interest and
honor not to partake of our deliberations.

We shall renew our attention to the establishment of the
militia and other subjects unfinished at the last session,
and shall proceed in them with all the despatch which the
magnitude of all, and the difficulty of some of them, will
allow.

Nothing has given us more satisfaction than to find that
the revenues heretofore established have proved adequate to
the purposes to which they were allotted. In extending the
provision to the residuary objects, it will be equally our
care to secure sufficiency and punctuality in the payments
due from the Treasury of the United States. We shall also
never lose sight of the policy of diminishing the public
debt, as fast as the increase of the public resources will
permit; and are particularly sensible of the many
considerations which press a resort to the auxiliary
resources furnished by the public lands.

In pursuing every branch of the weighty business of the
present session, it will be our constant study to direct
our deliberations to the public welfare. Whatever our
success may be, we can at least answer for the fervent love
of our country, which ought to animate our endeavors. In
your co-operation, we are sure of a resource which
fortifies our hopes that the fruits of the established
Government will justify the confidence which has been
placed in it, and recommend it more and more to the
affection and attachment of our fellow-citizens.

To the foregoing Address the PRESIDENT was pleased to reply:

GENTLEMEN: The sentiments expressed in your Address are
entitled to my particular acknowledgment. Having no object
but the good of our country, this testimony of approbation
and confidence, from its immediate representatives, must be
among my best rewards, as the support of your enlightened
patriotism has been among my greatest encouragements. Being
persuaded that you will continue to be actuated by the same
auspicious principle, I look forward to the happiest
consequences from your deliberations during the present
session.

GEO. WASHINGTON.

TUESDAY, December 14.

JEREMIAH VAN RENSSELAER, from New York, and THOMAS HARTLEY, from Pennsylvania, appeared and took their seats.

FRIDAY, December 17.

JOHN HATHORN, from New York, and JOHN SEVIER, from North Carolina, appeared and took their seats.

BENJAMIN BOURNE, a member returned from Rhode Island, produced his credentials, and took his seat.

MONDAY, December 27.

_Public Lands._

The House then went into Committee of the Whole on the state of the Union, Mr. LIVERMORE in the chair.

The report of the Secretary of the Treasury on the establishment of land offices for the disposal of the vacant lands belonging to the United States was taken up; when

Mr. BOUDINOT offered the following resolution:

_Resolved_, That it is the sense of the committee that a
Land Office be established at the seat of the General
Government, under the direction of ---- Commissioners.

Mr. SCOTT wished the House to take a general view of the business before they went into the particulars of the Secretary's report. Upon the whole, he was pleased with the plan drawn up by that officer; one part, however, he objected to--that part of the report which provided for the distribution of the land. He did not approve of setting apart tracts for particular descriptions of purchasers. As an amendment, he offered seven propositions, which he wished, for the present, to lie on the table, and which he proposed to offer as substitutes to different parts of the Secretary's report, as they came before the House. His principal object was to let the tracts which Congress proposed to sell be indiscriminately located.

Mr. BOUDINOT thought the committee could not then enter into the minutiæ of the business. It was enough to fix the general principles, viz: Whether there shall be a General Land Officer and two subordinates? Whether they shall be under the direction of Commissioners? And whether certain tracts of land should be reserved by Congress for certain purposes? And then to appoint a committee to bring in a bill on those principles, and to take into consideration the minutiæ of the business.

Mr. SCOTT moved as a substitute his second proposition, that such districts as shall be set apart for sale, shall include the actual settlements, and be left to be indiscriminately located. He said it was improper to set aside different tracts for different modes of location--some in large tracts, others in small lots. He conceived it would be the interest of Government to let every one purchase where he pleased, and as much or as little as he chose. From experience, he knew that those parts were always settled with the most celerity that were not bound down to any of those restrictions. For his part, he could see no good argument in favor of them.

He wished some of the gentlemen who approved of this mode would give him some reasons for preferring it. There could be no fear of individual settlers scattering and losing themselves in the backwoods; there was a sufficient check to prevent it--the Indians would keep them compact much more effectually than any regulations Congress could make. If, after granting certain scattered tracts to individual settlers, a considerable tract, including these, was wanted, he could see no inconvenience in granting it, reserving to the former settlers their rights.

Mr. WILLIAMSON rose to give the gentleman last up one reason for opposing indiscriminate location. Hitherto, he owned, much mischief had not arisen from this mode of settlement; but now there were persons rich in securities and cash, ready to take up considerable quantities of land, which, if they were permitted to select here and there, would select every choice tract they could; and those who might not have the same means of purchasing immediately at command, could only obtain the indifferent parcels. Many, he knew, had it in contemplation to do this, if the opportunity offered. He instanced North Carolina as an example of the injurious tendency of this liberty; where many tracts are unsaleable owing to this circumstance. If these tracts were to be purchased by actual settlers, the case would be different; they would only be taken up by persons under the name of actual settlers. Such a practice would be an impediment to such companies of Europeans as might wish to settle among us.

Mr. SCOTT said he expected the gentleman would have offered more solid objections to his plan, and more forcible arguments in favor of the other. Though the first settlers had the choice of the land, yet he conceived the remaining part would acquire a considerable additional value from the surrounding settlements. As for the European companies who might be tempted to settle among us, he did not contemplate it as an object so desirable. A body of French people settling in that way would preserve their language and manners two thousand years perhaps. This would not be for the true interest of the country; all its inhabitants should, by mutual intercourse, become assimilated, and no name be known but that of Americans.

Mr. BOUDINOT was against indiscriminate location. He had seen the bad effects of it in the State from which he came. Persons had bought up the low lands, and sold them again to such as absolutely needed a water lot to their farms, at enormous prices. He mentioned another objection to the plan--the tendency it had to create lawsuits. He said more money had been spent at law, in disputes arising from that mode of settlement, in New Jersey, than would have been necessary to purchase all the land of the State. The late Congress, he was informed, had adopted a method to obviate the inconveniences of the former mode--the lands were laid out into a mile square; these were divided into four equal squares, and in that form sold.

Mr. SCOTT said there were tracts of land which it is impossible to sell, even by offering good parcels with them. Between Philadelphia and his home there were spots which were only intended by nature for the birds and beasts--that could be of no value for cultivation. He could not see much probability that the best land would be picked out. The difficulty of exploring a wild and uncultivated desert opposed a considerable barrier to such attempts.

Mr. SCOTT's amendment was lost.

TUESDAY, December 28.

_Land Offices._

The House then went again into a Committee of the Whole on the state of the Union, Mr. BOUDINOT in the chair. The report of the Secretary of the Treasury on the subject of a Land Office being under consideration.

Mr. SCOTT said, he was ready to give some information relative to the extent of the seven ranges. He produced a map of them, from which it appeared that they included thirty-five lots, each six miles square. The tract is in the shape of a triangle, of which one leg measured about sixty, and the other forty-two--in all, about twelve hundred square miles. His amendment was agreed to.

The next article was agreed to, with a trifling amendment, without debate.

Then the following was read:

"That the price shall be thirty cents per acre, to be paid
either in gold or silver, or public securities, computing
those which shall bear an immediate interest of six per
cent. as at par with gold and silver, and those which shall
bear a future or less interest, if any there be, at a
proportional value."

Mr. SCOTT moved that thirty cents should be struck out.

Mr. SHERMAN was in favor of inserting fifty cents per acre. He said there was every reasonable probability the lands would be worth that sum in a few years.

Mr. LAWRENCE said, that as the quality of the land would vary, it appeared proper to fix on two prices at which they should be sold, viz: That the price shall not be more than ----, nor less than ----. He submitted the idea to the consideration of the committee.

Mr. SEDGWICK preferred the insertion of a sum below which the lands should not be sold.

Mr. WILLIAMSON suggested the propriety of making a difference in the price to those who purchase large quantities, from the price to those who purchase small quantities.

The motion for striking out was lost.

Mr. SEDGWICK then moved to amend the clause, by inserting "that the price per acre shall not be less than thirty cents."

Mr. STONE objected to the motion. He said the operation of it would be to leave it discretionary with the Surveyors to fix the price of the various tracts. This would be to constitute a tribunal in a measure independent of the Government. He thought the policy of the Government should be to fix on a price, which shall be so reasonable, that persons may feel every inducement to pay it before they take up the lands; for it has been found by experience, that when once a tract of distant country is taken possession of, you never can get any thing more than the settlers are willing to pay. He insisted that it was impracticable to fix the relative value of unlocated lands--it had been repeatedly tried without effect. He asked if any of the States had ever established various rates for their lands? He knew of none.

Mr. SEDGWICK answered the inquiry respecting the relative value of lands being ascertained in the several States. He said, that so far as his information extended, which respected only the States of New York, New Hampshire, and Massachusetts, this had invariably been the case. Every man knows there is a most essential difference in the value of lands. Those on navigable rivers may be ten times as valuable as those on the top of a mountain. This every individual is so sensible of, that a difference in the price is constantly made; and why the Government should not make a difference, it is impossible to say. Any man, by casting his eye upon the map, can at once determine that some part of the land is unspeakably more valuable than other parts. He was certain that vesting a discretionary power, in the disposal of the lands, would be productive of the greatest advantage to the United States, and on this principle he could not conceive why the Surveyors should not determine the relative quality, that the United States may stand some chance of getting the value of this property.

Mr. LIVERMORE was in favor of Mr. SEDGWICK's motion, and enlarged on the unreasonableness of fixing a particular price.

Mr. JACKSON was opposed to investing a discretionary power to determine the price with any persons whatsoever. It had been productive of mischievous consequences in the State of Georgia. He was for fixing a price, and the highest price--the best the land would bear; when that is sold, if the revenue will not bear the price established, it can then be reduced.

Mr. SCOTT objected to the motion. He stated several difficulties; the principal was, that foreigners would be deterred from adventuring, owing to the uncertainty in the price; for when they arrive in the country to settle, they must purchase, and they will then lie at the mercy of speculators.

Mr. LAWRENCE.--The people have great dependence on the Western territory as a fund to extinguish their debt; it therefore becomes the duty of the Government to obtain the best price they can for it. The question is, whether we shall fix a price, or adopt the plan proposed by the gentleman from Massachusetts. He was in favor of the latter, and said he doubted not it would be easy to make a discrimination in the relative qualities of the lands. This difference in price may render it worth while for the Commissioners to have the land of a particular district explored. He replied to the objection from the want of integrity in the surveyors. Admitting the full force of the objection, it was probable that the United States would gain by it; at any rate, it would not lose; and it was probable that, to avoid suspicion, if the surveyors should be interested in the tract surveyed, they would give more than thirty cents. With respect to foreigners, after they arrive in this country, they then will be on the same footing with our own citizens. He adverted to the mode which had been adopted by New York--they had sold lands in every way, at a certain price, at auction, and are now selling them at the discretion of Commissioners, at a rate not below a certain sum.

Mr. STONE objected to the mode of leaving the price unfixed, as it would involve a complex system, subjecting the purchasers to great inconvenience, perplexity, and uncertainty. He reprobated the system adopted by New York, and asked the gentleman (Mr. LAWRENCE) whether New York had not been subjected to great loss and vexation in consequence of the plan they had pursued? He wished the system of New York should be fully understood, in order that the United States may avoid it. He concluded by saying, that he was in favor of fixing a price, and supposed that the Western Territory, sold at thirty cents per acre, would sink the whole of the national debt.

Mr. LAWRENCE replied to Mr. STONE. He said, that when the State of New York sold their lands at a fixed price, there had been complaints on account of the best tracts being taken up. When they had sold them at auction, the value of the lands had been generally realized in proportion to the quality. With respect to the last mode adopted, the result was not yet known.

Mr. WHITE said, if gentlemen had proposed the amendment to the clause which respects large purchases, he should not have objected to it. He, however, objected to it in the present case, and, in order to show that a fixed price was most eligible for small quantities, he instanced the practice of Lord Fairfax, who had been a great proprietor in Virginia; and also the practice of the first proprietors of Pennsylvania. These sold their lands, good and bad, at one price; their experience for such a length of time, near a century, he thought sufficient to show that mode to be the most eligible. He would not object to fixing that condition to special contract.

Mr. SEDGWICK obviated the objection in the first instance, by saying that the officers will be able to determine, with very considerable precision, what will be for the interest of the United States. He said experience had proved that there were no insuperable difficulties in the case.

Mr. MOORE observed, that the actual value of the best lands in that territory was about thirty cents per acre. When all of that description is sold, the next will bring the same price; from whence he inferred, that there could be no difficulty or loss attending fixing the price. He stated some difficulties which would result from adopting the mode proposed.

WEDNESDAY, January 5.

_Duties on Spirits._

The House, agreeably to the order of the day, resolved itself into a Committee of the Whole, Mr. BOUDINOT in the chair, and took into consideration the bill repealing, after a certain time, the act laying duties on distilled spirits, &c., and imposing others in their stead.

Mr. JACKSON moved to strike out the essential part of the first clause. He stated his objections at large against the principles of the bill, and reprobated the funding system, and an excise in particular, as an auxiliary to it.

The tenor of his observations was to show that this mode of taxation was odious, unequal, unpopular, and oppressive, more particularly in the Southern States; in which he observed its unequal operation would be most sensibly felt, as the citizens of those States have no alternative to adopt by which they can diminish the weight of the tax; no breweries or orchards to furnish a substitute for spirituous liquors; hence they become a necessary article. He contended that they were not only necessary, but salutary in the Southern regions. This, he said, had been acknowledged by an Eastern author, _Mr. Morse_, an authority which he presumed would not be disputed by the Northern gentlemen, especially when it was considered he was a clergyman. Mr. M. declares that grog is a necessary article of drink in the Southern States.

Mr. J. took notice of the petition of the College of Physicians, which had lately been read in the House on the subject of distilled spirits. He disapproved highly of their interfering in the business. He thought they might with equal propriety interpose their offices to prevent the use of many other articles which were deemed pernicious or of a poisonous quality. He instanced mushrooms; they might petition Congress to pass a law interdicting the use of catsup, because some ignorant persons had been poisoned by eating mushrooms.

Mr. J. then gave a short sketch of the history of excises in England. He said they always had been considered by the people of that country as an odious tax, from the time of _Oliver Cromwell_ to the present day; even _Blackstone_, a high prerogative lawyer, has reprobated them. He said, he hoped this country would take warning by the experience of the people of Great Britain, and not sacrifice their liberties by wantonly contracting debts which would render it necessary to burden the people by such taxes as would swallow up their privileges. We are, said he, too much in the habit of imitating that country; and I plainly perceive that the time will come when a shirt shall not be washed without an excise. He then expatiated on the unequal operation of excises, and instanced the experience of this State. A few counties, said he, approximate to the capital, have borne the weight of the whole, while the distant parts of the State did not feel the burden; and, by an indication of several particulars, he showed its unequal operation in the Southern States. It will deprive the mass of the people of almost the only luxury they enjoy, that of distilled spirits. He did not see the necessity of passing this law the present session. The amount of the produce of the duties laid last session is not yet known, nor is it yet ascertained whether the citizens will subscribe to the assumption. Let us not lay a tax for a purpose which may never exist; for my part, I hope they never will subscribe. He then adverted to the excess of duties already laid, and the probability of a great increase of that excess; and urged the propriety of waiting at least another quarter to see what that excess may amount to. These observations he enforced by recurring to the recent transactions of the States of Maryland, Virginia, and North Carolina; and he expected to hear very shortly that the Assembly of Georgia had expressed similar opinions with the latter States on the business of the assumption. He concluded by expressing a general disapprobation of the various parts of the bill.

Mr. PARKER said, he had seconded the motion of the gentleman from Georgia, not because he was more averse to this particular clause than to the subsequent parts of the bill. He exceedingly disliked the several provisions contained in it. He then adverted to the general process of the revenue business the last session; and observing on the conduct of the mercantile interest, to which so much credit had been given, said, he thought they were not entitled to the liberal encomiums which had been bestowed on them for their promptitude in paying the duties, as the certainty and increase of the revenue had served to enhance the value of the public securities, of which it is well known they hold a very considerable portion.