Chapter XXXV: Introduction (34)

Mr. SPEAKER made his acknowledgments to the House, in manner following:

_Gentlemen of the House of Representatives:_

This unexpected mark of your approbation of my conduct has
made so deep an impression on my mind, that I cannot find
words to express the high sense of gratitude I entertain on
this occasion.

I have not vanity sufficient to suppose that my feeble,
though well-meant, endeavors merit so great a reward; for
it was your kind indulgence and support alone which enabled
me to go through the duties of the station which you were
pleased to assign me; but I shall ever consider this
distinguished and honorable testimony as the most fortunate
circumstance in my life.

Gentlemen, I most sincerely thank you. May every possible
happiness attend you and every individual of this body, and
may your zealous endeavors to promote the welfare of our
beloved country, which I have so long and so often been a
witness to, be crowned with unbounded success.

_Ordered_, That a message be sent to the Senate, to inform them that this House, having completed the business before them, are now about to adjourn without day, and that the Clerk of this House do go with the said message.

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

A message was received from the Senate, notifying that the Senate, having completed the legislative business before them, are now about to adjourn; whereupon,

Mr. SPEAKER adjourned the House without day.

SECOND CONGRESS.--FIRST SESSION.

HELD AT THE CITY OF PHILADELPHIA, OCTOBER 24, 1791, TO MAY 8, 1792.

LIST OF MEMBERS.

SENATORS.

_New Hampshire._--John Langdon, Paine Wingate.

_Vermont._--S. R. Bradley, Moses Robinson.

_Massachusetts._--George Cabot, Caleb Strong.

_Rhode Island._--Theodore Foster, Joseph Stanton.

_Connecticut._--Oliver Ellsworth, Roger Sherman.

_New York._--Aaron Burr, Rufus King.

_New Jersey._--Philemon Dickinson, John Rutherford.

_Pennsylvania._--Robert Morris, James Ross.

_Delaware._--Richard Bassett, George Read.

_Maryland._--Charles Carroll, John Henry.

_Virginia._--Richard H. Lee, James Monroe.

_North Carolina._--Benjamin Hawkins, Samuel Johnston.

_South Carolina._--Pierce Butler, Ralph Izard.

_Georgia._--William Few, James Gunn.

REPRESENTATIVES.

_New Hampshire._--Nicholas Gilman, S. Livermore, Jeremiah Smith.

_Vermont._--Nathaniel Niles, Israel Smith.

_Massachusetts._--Fisher Ames, S. Bourne, Elbridge Gerry, Benjamin Goodhue, George Leonard, T. Sedgwick, George Thatcher, Artemas Ward.

_Rhode Island._--Benjamin Bourne.

_Connecticut._--James Hillhouse, Amasa Learned, Jonathan Sturges, Jonathan Trumbull, Jeremiah Wadsworth.

_New York._--Egbert Benson, James Gordon, John Laurance, C. C. Schoonmaker, Peter Sylvester, T. Tredwell.

_New Jersey._--Elias Boudinot, Jonathan Dayton, Aaron Kitchell.

_Pennsylvania._--William Findlay, Thomas Fitzsimons, Andrew Gregg, Thomas Hartley, Daniel Heister, Israel Jacobs, John W. Kittera, Frederick A. Muhlenberg.

_Delaware._--John Vining.

_Maryland._--Philip Key, William Pinkney, Joshua Seney, Updine Sheredine, Samuel Sterrett, William Vans Murray.

_Virginia._--John Browne, William B. Giles, Samuel Griffin, Richard Bland Lee, James Madison, Andrew Moore, John Page, Josiah Parker, A. B. Venable, Alexander White.

_North Carolina._--John B. Ashe, Timothy Bloodworth, William B. Grove, Nathaniel Macon, John Sevier, John Steele, Hugh Williamson.

_South Carolina._--Robert Barnwell, Daniel Huger, William Smith, Thomas Sumter, Thomas Tudor Tucker.

_Georgia._--Abraham Baldwin, Anthony Wayne, Francis Willis.

PROCEEDINGS IN THE SENATE.

MONDAY, October 24, 1791.

This being the day fixed by law for the annual meeting of Congress, at the first session of the second Congress, the following members of the Senate appeared, produced their credentials, and took their seats:

JOHN ADAMS, Vice President and President of the Senate.

JOHN LANGDON and PAINE WINGATE, from New Hampshire.

CALEB STRONG and GEORGE CABOT, from Massachusetts.

THEODORE FOSTER and JOSEPH STANTON, jr., from Rhode Island.

ROGER SHERMAN, from Connecticut, in the place of WILLIAM S. JOHNSON, resigned.

AARON BURR, from New York.

PHILEMON DICKINSON and JOHN RUTHERFORD, from New Jersey.

ROBERT MORRIS, from Pennsylvania.

GEORGE READ, from Delaware.

SAMUEL JOHNSTON and BENJAMIN HAWKINS, from North Carolina.

PIERCE BUTLER and RALPH IZARD, from South Carolina; and

WILLIAM FEW, from Georgia.

_Ordered_, That Messrs. Butler, Morris, and Dickinson, be a committee to wait on the President of the United States, and inform him that a quorum of the Senate is assembled, and ready to receive any communication he may be pleased to make to them.

_Ordered_, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed to business; and that they have notified the President of the United States that they are ready to receive such communications as he may be pleased to make to them.

Mr. IZARD, from the joint committee appointed to wait on the President of the United States, agreeably to the resolution of the two Houses, of this day, reported that they had executed the business, and that the President of the United States proposed to-morrow, at 12 o'clock, to meet the two Houses of Congress in the Senate Chamber.

TUESDAY, October 25.

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

The House of Representatives having accordingly taken their seats, the PRESIDENT OF THE UNITED STATES came into the Senate Chamber, and addressed both Houses of Congress as followeth:[39]

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

I meet you upon the present occasion with the feelings
which are naturally inspired by a strong impression of the
prosperous situation of our common country, and by a
persuasion, equally strong, that the labors of the session
which has just commenced will, under the guidance of a
spirit no less prudent than patriotic, issue in measures
conducive to the stability and increase of national
prosperity.

Numerous as are the Providential blessings which demand our
grateful acknowledgments, the abundance with which another
year has again rewarded the industry of the husbandman is
too important to escape recollection.

Your own observations in your respective situations will
have satisfied you of the progressive state of agriculture,
manufactures, commerce, and navigation. In tracing their
causes, you will have remarked, with particular pleasure,
the happy effects of that revival of confidence, public as
well as private, to which the Constitution and laws of the
United States have so eminently contributed; and you will
have observed, with no less interest, new and decisive
proofs of the increasing reputation and credit of the
nation. But you, nevertheless, cannot fail to derive
satisfaction from the confirmation of these circumstances,
which will be disclosed in the several official
communications that will be made to you in the course of
your deliberations.

The rapid subscriptions to the Bank of the United States,
which completed the sum allowed to be subscribed in a
single day, is among the striking and pleasing evidences
which present themselves, not only of confidence in the
Government, but of resource in the community.

In the interval of your recess, due attention has been paid
to the execution of the different objects which were
specially provided for by the laws and resolutions of the
last session.

Among the most important of these, is the defence and
security of the Western frontiers. To accomplish it on the
most humane principles was a primary wish.

Accordingly, at the same time that treaties have been
provisionally concluded, and other proper means used to
attach the wavering, and to confirm in their friendship the
well-disposed tribes of Indians, effectual measures have
been adopted to make those of a hostile description
sensible that a pacification was desired upon terms of
moderation and justice.

These measures having proved unsuccessful, it became
necessary to convince the refractory of the power of the
United States to punish their depredations. Offensive
operations have therefore been directed, to be conducted,
however, as consistently as possible with the dictates of
humanity. Some of these have been crowned with full
success, and others are yet depending. The expeditions
which have been completed were carried on under the
authority, and at the expense, of the United States, by the
militia of Kentucky; whose enterprise, intrepidity, and
good conduct are entitled to peculiar commendation.

Overtures of peace are still continued to the deluded
tribes, and considerable numbers of individuals belonging
to them have lately renounced all further opposition,
removed from their former situations, and placed themselves
under the immediate protection of the United States.

It is sincerely to be desired, that all need of coercion in
future may cease; and that an intimate intercourse may
succeed, calculated to advance the happiness of the
Indians, and to attach them firmly to the United States.

In order to this, it seems necessary--

That they should experience the benefits of an impartial
dispensation of justice.

That the mode of alienating their lands, the main source of
discontent and war, should be so defined and regulated as
to obviate imposition, and, as far as may be practicable,
controversy concerning the reality and extent of the
alienations which are made.

That commerce with them should be promoted under
regulations tending to secure an equitable deportment
towards them, and that such rational experiments should be
made, for imparting to them the blessings of civilization,
as may from time to time suit their condition.

That the Executive of the United States should be enabled
to employ the means to which the Indians have been long
accustomed for uniting their immediate interests with the
preservation of peace.

And that efficacious provision should be made for
inflicting adequate penalties upon all those who, by
violating their rights, shall infringe the treaties, and
endanger the peace of the Union.

A system corresponding with the mild principles of religion
and philanthropy towards an unenlightened race of men,
whose happiness materially depends on the conduct of the
United States, would be as honorable to the national
character as conformable to the dictates of sound policy.

Pursuant to the authority contained in the several acts on
that subject, a district of ten miles square, for the
permanent seat of the Government of the United States, has
been fixed, and announced by proclamation; which district
will comprehend lands on both sides of the river Potomac,
and the towns of Alexandria and Georgetown. A city has also
been laid out, agreeably to a plan which will be placed
before Congress. And, as there is a prospect, favored by
the rate of sales which have already taken place, of ample
funds for carrying on the necessary public buildings, there
is every expectation of their due progress.

The completion of the census of the inhabitants, for which
provision was made by law, has been duly notified,
(excepting one instance in which the return has been
informal; and another, in which it has been omitted or
miscarried,) and the returns of the officers who were
charged with this duty, which will be laid before you, will
give you the pleasing assurance, that the present
population of the United States borders on four millions of
persons.

_Gentlemen of the Senate:_

Two treaties which have been provisionally concluded with
the Cherokees and Six Nations of Indians, will be laid
before you for your consideration and ratification.

_Gentlemen of the House of Representatives:_

In entering upon the discharge of your legislative trust,
you must anticipate, with pleasure, that many of the
difficulties, necessarily incident to the first
arrangements of a new Government, for an extensive country,
have been happily surmounted by the zealous and judicious
exertions of your predecessors, in co-operation with the
other branch of the Legislature. The important objects
which remain to be accomplished, will, I am persuaded, be
conducted upon principles equally comprehensive, and
equally well calculated for the advancement of the general
weal.

It is particularly pleasing to me to be able to announce to
you that the revenues which have been established promise
to be adequate to their objects, and maybe permitted, if no
unforeseen exigency occurs, to supersede, for the present,
the necessity of any new burdens upon our constituents.[40]

An object which will claim your early attention is a
provision for the current service of the ensuing year,
together with such ascertained demands upon the Treasury as
require to be immediately discharged, and such casualties
as may have arisen in the execution of the public business,
for which no specific appropriation may have yet been made;
of all which a proper estimate will be laid before you.

_Gentlemen of the Senate, and of the House of
Representatives:_

I shall content myself with a general reference to former
communications for several objects, upon which the urgency
of other affairs has hitherto postponed any definitive
resolution. Their importance will recall them to your
attention; and, I trust that the progress already made in
the most arduous arrangements of the Government will afford
you leisure to resume them with advantage.

There are, however, some of them of which I cannot forbear
a more particular mention. These are: the Militia, the Post
Office and Post Roads, the Mint, Weights and Measures, and
a provision for the sale of the vacant lands of the United
States.

The disorders in the existing currency, and especially the
scarcity of small change, a scarcity so peculiarly
distressing to the poorer classes, strongly recommend the
carrying into immediate effect the resolution already
entered into concerning the establishment of a Mint.
Measures have been taken pursuant to that resolution for
procuring some of the most necessary artists, together with
the requisite apparatus.

A provision for the sale of the vacant lands of the United
States is particularly urged, among other reasons, by the
important considerations, that they are pledged as a fund
for reimbursing the public debt; that, if timely and
judiciously applied, they may save the necessity of
burthening our citizens with new taxes for the
extinguishment of the principal; and that, being free to
discharge the principal but in a limited proportion, no
opportunity ought to be lost for availing the public of its
right.

G. WASHINGTON.

UNITED STATES, _October 25, 1791_.

THE PRESIDENT OF THE UNITED STATES having retired, and the two Houses being separated,

_Ordered_, That Messrs. BURR, CABOT, and JOHNSTON, be a committee to prepare and report the draft of an Address to the President of the United States, in answer to his Speech delivered this day to both Houses of Congress.

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

WEDNESDAY, October 26.

RUFUS KING, from the State of New York, and JOHN HENRY, from the State of Maryland, attended.

THURSDAY, October 27.

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

_Gentlemen of the Senate and of the House of
Representatives:_

I lay before you a copy of a letter, and of sundry
documents, which I have received from the Governor of
Pennsylvania, respecting certain persons who are said to
have fled from justice out of the State of Pennsylvania,
into that of Virginia; together with a report of the
Attorney General of the United States upon the same
subject.

I have received from the Governor of North Carolina a copy
of an Act of the General Assembly of that State,
authorizing him to convey to the United States the right
and jurisdiction of the said State over one acre of land in
Ocracock Island, and ten acres on the Cape Island, within
the said State, for the purpose of erecting light-houses
thereon, together with the deed of the Governor, in
pursuance thereof, and the original conveyances made to the
State by the individual proprietors, which original
conveyances contain conditions that the light-house on
Ocracock shall be built before the first day of January,
1801, and that on the Cape Island, before the eighth day of
October, 1800. And I have caused these several papers to be
deposited in the office of the Secretary of State.

A statement of the Returns of the Enumeration of the
Inhabitants of the United States, which have been received,
will at this time be laid before you.

G. WASHINGTON.

UNITED STATES, _October 27, 1791_.

Mr. BURR reported, from the committee appointed to prepare an Address to the President of the United States, in answer to his Speech to both. Houses of Congress at the opening of the session.

_Ordered_, That to-morrow be assigned to take the report into consideration.

FRIDAY, October 28.

Agreeably to the order of the day, the Senate proceeded to take into consideration the Address reported by the committee, in answer to the Speech of the President of the United States, on the 24th instant, to both Houses of Congress; which report was agreed to, as follows:

_To the President of the United States:_

SIR: The Senate of the United States have received with the
highest satisfaction the assurances of public prosperity
contained in your Speech to both Houses. The multiplied
blessings of Providence have not escaped our notice, or
failed to excite our gratitude.

The benefits which flow from the restoration of public and
private confidence are conspicuous and important; and the
pleasure with which we contemplate them is heightened by
your assurance of those further communications which shall
confirm their existence and indicate their source.

While we rejoice in the success of those military
operations which have been directed against the hostile
Indians, we lament with you the necessity that has produced
them; and we participate the hope that the present prospect
of a general peace, on terms of moderation and justice, may
be wrought into complete and permanent effect; and that the
measures of Government may equally embrace the security of
our frontiers and the general interests of humanity. Our
solicitude to obtain which, will insure our zealous
attention to an object so warmly espoused by the principles
of benevolence, and so highly interesting to the honor and
welfare of the nation.

The several subjects which you have particularly
recommended, and those which remain of former sessions,
will engage our early consideration. We are encouraged to
prosecute them with alacrity and steadiness, by the belief
that they will interest no passion but that for the general
welfare; by the assurance of concert, and by a view of
those arduous and important arrangements which have been
already accomplished.

We observe, sir, the constancy and activity of your zeal
for the public good. The example will animate our efforts
to promote the happiness of our country.

_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 of the United States, and desire to be informed at what time and place he will receive the same.

MONDAY, October 31.

JAMES MONROE, from the State of Virginia, attended, and took his seat.

MOSES ROBINSON, from the State of Vermont, produced his credentials, and took his seat in the Senate.

Mr. BURR, from the committee appointed on the 28th to wait on the President of the United States, reported, that it would be agreeable to the President of the United States 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 on 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 28th instant, to which the PRESIDENT OF THE UNITED STATES was pleased to make the following reply:

GENTLEMEN: This manifestation of your zeal for the honor
and the happiness of our country derives its full value
from the share which your deliberations have already had in
promoting both.

I thank you for the favorable sentiments with which you
view the part I have borne in the arduous trust committed
to the Government of the United States; and desire you to
be assured that all my zeal will continue to second those
further efforts for the public good which are ensured by
the spirit in which you are entering on the present
session.

G. WASHINGTON.

The Senate returned to the Senate Chamber.

FRIDAY, November 4.

STEPHEN R. BRADLEY, from the State of Vermont, appeared, produced his credentials, and took his seat.

WEDNESDAY, November 9.

OLIVER ELLSWORTH, from the State of Connecticut, attended, and took his seat.

THURSDAY, November 10.

JAMES GUNN, from the State of Georgia, attended, and took his seat.

FRIDAY, January 6.

CHARLES CARROLL, from the State of Maryland, attended, and took his seat.

MONDAY, January 9.

RICHARD BASSETT, from the State of Delaware, attended, and took his seat.

MONDAY, March 5.

The following Message was received from the President of the United States:

_Gentlemen of the Senate, and of the House of
Representatives:_

Knowing the friendly interest you take in whatever may
promote the happiness and prosperity of the French nation,
it is with pleasure that I lay before you the translation
of a letter which I have received from his Most Christian
Majesty, announcing to the United States of America his
acceptance of the constitution presented to him in the name
of his nation.

G. WASHINGTON.

UNITED STATES, _March 5, 1792_.

[Translation.]

_Very dear, Great Friends and Allies:_

We make it our duty to inform you that we have accepted the
constitution which has been presented to us in the name of
the nation, and according to which France will be
henceforth governed.

We do not doubt that you take an interest in an event so
important to our kingdom, and to us; and that it is with
real pleasure we take this occasion to renew to you
assurances of the sincere friendship we bear you.
Whereupon, we pray God to have you, very dear, great
friends and allies, in his just and holy keeping.

Written at Paris, the 19th of September, 1791.

Your good friend and ally,

LOUIS.

MONTMORIN.

THE UNITED STATES OF NORTH AMERICA.

TUESDAY, March 13.

The Senate resumed the consideration of the motion made yesterday on the Message from the President of the United States, transmitting a copy of a letter from his Most Christian Majesty to the United States of America.

A motion was made and seconded to postpone this motion, in order to take up the following:

"_Resolved_, That the President of the United States be
informed that the Senate have received with satisfaction
the official intelligence that the King of the French has
accepted the constitution presented to him by the National
Assembly, and are highly gratified by every event that
promotes the freedom and prosperity of the French nation
and the happiness and glory of their King."

It passed in the negative; yeas 6, nays 21--as follows:

YEAS.--Messrs. Bassett, Cabot, Ellsworth, King, Strong, and Wingate.

NAYS.--Messrs. Bradley, Burr, Butler, Carroll, Dickinson, Few, Foster, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, Robinson, Rutherford, Stanton, and Sherman.

The original motion, being amended, was agreed to. Whereupon, it was

_Resolved_, That the President be requested to make known to the King of the French, that the Senate of the United States have received with the highest satisfaction the official communication of his acceptance of the constitution which, it is their earnest wish, may establish, on a solid basis, the freedom and prosperity of the French nation, and the happiness and glory of the Monarch presiding over it.

WEDNESDAY, March 14.

_Ordered_, That the resolution of the Senate, on the Message of the President of the United States, enclosing the letter from his Most Christian Majesty, be signed by the Vice President, and laid before the President of the United States, by the Secretary.

MONDAY, March 26.

A motion was made by Mr. MONROE, seconded by Mr. LEE, as follows:

"_Resolved_, That it be a standing rule, that the doors of the Senate Chamber remain open whilst the Senate shall be sitting in their Legislative capacity, except on such occasions as in their judgment may require secrecy; and that this rule shall commence and be in force on the first day of the next session of Congress;" and it passed in the negative--yeas 8, nays 17, as follows:

YEAS.--Messrs. Butler, Carroll, Foster, Hawkins, Johnston, King, Lee, and Monroe.

NAYS.--Messrs. Bassett, Bradley, Cabot, Dickinson, Ellsworth, Few, Gunn, Henry, Izard, Langdon, Read, Robinson, Rutherford, Sherman, Stanton, Strong, and Wingate.

WEDNESDAY, April 18.

The VICE PRESIDENT being absent, the Senate proceeded to the election of a President _pro tempore_ as the constitution provides, and the Hon. RICHARD HENRY LEE was duly elected.

_Ordered_, That the Secretary wait on the President of the United States, and lay before him an attested copy of this proceeding, and that he notify the House of Representatives of the election of a President _pro tempore_.

THURSDAY, April 19.

_Resolved_, That the President _pro tempore_ of the Senate, as a member, retain his right to vote upon all questions.

TUESDAY EVENING, May 8.

A message from the House of Representatives informed the Senate that the House of Representatives, having completed the business before them, are about to adjourn.

In conformity to the resolution of the 4th instant, the President _pro tempore_ adjourned the Senate to the first Monday in November next, being the time appointed by law for the next annual meeting of Congress.

SECOND CONGRESS.--FIRST SESSION.

PROCEEDINGS AND DEBATES

IN

THE HOUSE OF REPRESENTATIVES.

MONDAY, October 24, 1791.

This being the day appointed by law for the meeting of the present Congress, the following members appeared, produced their credentials, and took their seats:

_From New Hampshire_, NICHOLAS GILMAN, SAMUEL LIVERMORE, and JEREMIAH SMITH.

_From Massachusetts_, FISHER AMES, SHEARJASHUB BOURNE, ELBRIDGE GERRY, BENJAMIN GOODHUE, GEORGE THATCHER, and ARTEMAS WARD.

_From Rhode Island_, BENJAMIN BOURNE.

_From Connecticut_, JAMES HILLHOUSE, JONATHAN STURGES, JONATHAN TRUMBULL, JEREMIAH WADSWORTH, and AMASA LEARNED.

_From New York_, JAMES GORDON, JOHN LAURANCE, PETER SYLVESTER, and THOMAS TREDWELL.

_From New Jersey_, ELIAS BOUDINOT.

_From Pennsylvania_, THOMAS FITZSIMONS, DANIEL HEISTER, and FREDERICK AUGUSTUS MUHLENBERG.

_From Delaware_, JOHN VINING.

_From Maryland_, JOSHUA SENEY, and SAMUEL STERRETT.

_From Virginia_, JOHN BROWN, WILLIAM B. GILES, SAMUEL GRIFFIN, JAMES MADISON, ANDREW MOORE, and ALEXANDER WHITE.

_From North Carolina_, JOHN STEELE, and HUGH WILLIAMSON.

_From South Carolina_, DANIEL HUGER, WILLIAM SMITH, and THOMAS TUDOR TUCKER.

_From Georgia_, FRANCIS WILLIS.

A quorum of the members being present, the House proceeded to ballot for Speaker, when it appeared that JONATHAN TRUMBULL, from Connecticut, was elected.

On being conducted to the chair, Mr. TRUMBULL addressed the House as follows:

GENTLEMEN: I find myself unable to express to you the full
sense I have of the distinguished honor you have done me in
the choice of your Speaker.

The diffidence I feel in my abilities to discharge, with
propriety, the duties of the chair, is almost insuperable
in my own mind. But, encouraged by the known candor of this
honorable body, and depending, as I think I may confidently
do, on the kind assistance of each individual in it, I
shall enter on its duties, with full assurances to you,
gentlemen, that I shall endeavor to conduct myself with
that impartiality, integrity, and assiduity, which become
the conspicuous station in which you have been pleased to
place me.

The House then proceeded to ballot for a Clerk, when there appeared a unanimous vote for JOHN BECKLEY.

The oath to support the constitution was then administered to the members present, and the oath of office to the Speaker and Clerk.

_Ordered_, That the Speaker appoint committees until the House shall otherwise determine.

A message was received from the Senate, informing the House that a quorum of that body is assembled and ready to proceed to business; and that the Senate have informed the President of the United States that they are ready to receive any communications he may be pleased to make to them.

_Resolved_, That Mr. SMITH, of South Carolina, Mr. LAURANCE, and Mr. WHITE, be a committee on the part of this House, to act jointly with the committee from the Senate, to wait on the President.

_Ordered_, That a committee be appointed to prepare and report Standing Rules and Orders of proceeding for the House. Messrs. MUHLENBERG, TUCKER, WILLIAMSON, AMES, and SMITH, of New Hampshire, were named.

JOSEPH WHEATON was appointed Sergeant-at-Arms; and GIFFORD DALLEY, Doorkeeper, and THOMAS CLAXTON, assistant Doorkeeper.

_Resolved_, That two Chaplains, of different denominations, be appointed to Congress for the present session, to interchange weekly.

Mr. SMITH, from the joint committee appointed to wait on the President of the United States, reported that the President would make a communication to both Houses to-morrow at twelve o'clock, in the Senate Chamber.

A message from the Senate announced the agreement of that body to the resolution of this House for the appointment of two Chaplains, and had elected the Right Reverend Bishop WHITE, on their part.

TUESDAY, October 25.

The following members appeared, presented their credentials, and took their seats: ABRAHAM CLARK, JONATHAN DAYTON, and AARON KITCHELL, from New Jersey; and ISRAEL JACOBS, from Pennsylvania.

The House proceeded to ballot for a Chaplain, when a majority of the votes were found in favor of the Rev. Mr. BLAIR.

A message being received from the Senate, stating that they were ready to receive the communication from the President of the United States, the Speaker, attended by the members of the House, withdrew to the Senate Chamber for the purpose of receiving the same.

On the return of the members, 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.)

The Speech was committed to a Committee of the Whole to-morrow.

WEDNESDAY, October 26.

_President's Speech._

The House then went into Committee of the Whole, on the President's Speech, Mr. MUHLENBERG in the chair.

The Speech being read, Mr. VINING moved a resolution, of which the following is the purport:

"_Resolved_, That it is the opinion of this committee that
an Address should be presented to the President of the
United States by the House of Representatives, in answer to
his Speech, to congratulate him on the prosperous situation
of the United States, expressive of the approbation of the
House of the wise and prudent measures he has pursued
during their recess, in the execution of the duties
committed to his charge: promising speedy attention to the
important and momentous objects recommended to their
consideration, and expressing their approbation of the
humane and effectual steps taken, under his direction, for
the defence of the Western frontiers."

This resolution was objected to by Messrs. LAURANCE, SEDGWICK, SMITH, (of South Carolina,) and LIVERMORE, upon the principle, that it expressed the sense of the House upon points which required further information and investigation before the House could, with propriety, determine. It was difficult to say, before proper documents were laid before the House, whether the measures adopted for the defence of the Western frontiers were the most prudent that could be adopted. It was impossible positively to assert, that the President, in the execution of the duties assigned him in carrying into effect the excise act, had done all for the best. Every member that spoke agreed in expressing his individual opinion, that no doubt the President had acted with his wonted prudence and wisdom in the execution of the trusts reposed in him; but also agreed that it was improper, indeed, it was no compliment paid to the President, to approve, before a formal examination.

In answer to these objections it was observed, that so far as circumstances had been made known to the members, relative to the steps taken by the President during the recess of the Federal Legislature, so far they claimed the approbation of the House; and that the opinion of the House was only meant to be given as far as they were informed. It was urged, that the answer of the House should be a candid expression of their feelings; feelings which the prosperous situation of the country undoubtedly called forth, and which the issue of the measures adopted could not fail to excite.

Several modifications were proposed to the resolution, which was finally agreed to, as follows:

"_Resolved_, That it is the opinion of this committee that
a respectful Address ought to be presented by the House of
Representatives to the President of the United States, in
answer to his Speech to both Houses of Congress at the
commencement of this session, containing assurances that
this House will take into consideration the various and
important matters recommended to their attention."

Mr. MADISON, Mr. LAURANCE, and Mr. SMITH, (of South Carolina,) were appointed a committee to prepare an Address, pursuant to the resolution.

THURSDAY, October 27.

Mr. MADISON, from the committee appointed, reported an Address to the President of the United States, in answer to his Speech to both Houses of Congress; which was read, and ordered to be committed to a Committee of the whole House immediately.

_Address to the President._

The House accordingly resolved itself into a Committee of the whole House on the said Address; and, after some time spent therein, Mr. MUHLENBERG reported that the committee had had the said Address under consideration, and made no amendment thereto. Whereupon, it was

_Resolved, unanimously_, That this House doth agree to the said Address, in the words following:

SIR: In receiving your Address, at the opening of the
present session, the House of Representatives have taken an
ample share in the feelings inspired by the actual
prosperity and flattering prospects of our country; and
whilst, with becoming gratitude to Heaven, we ascribe this
happiness to the true source from which it flows, we behold
with an animating pleasure the degree in which the
Constitution and laws of the United States have been
instrumental in dispensing it.

It yields us particular satisfaction to learn the success
with which the different important measures of the
Government have proceeded; as well those specially provided
for the last session, as those of preceding date. The
safety of our Western frontier, in which the lives and
repose of so many of our fellow-citizens are involved,
being peculiarly interesting, your communications on that
subject are proportionally grateful to us. The gallantry
and good conduct of the militia, whose services were called
for, is an honorable confirmation of the efficacy of that
precious resource of a free State. And we anxiously wish
that the consequences of their successful enterprises, and
of the other proceedings to which you have referred, may
leave the United States free to pursue the most benevolent
policy towards the unhappy and deluded race of people in
our neighborhood.

The amount of the population of the United States,
determined by the returns of the census, is a source of the
most pleasing reflections, whether it be viewed in relation
to our national safety and respectability, or as a proof of
that felicity in the situation of our country, which favors
so unexampled a rapidity in its growth. Nor ought any to be
insensible to the additional motive suggested by this
important fact to perpetuate the free Government
established with a wise administration of it, to a portion
of the earth which promises such an increase of the number
which is to enjoy those blessings within the limits of the
United States.

We shall proceed with all the respect due to your patriotic
recommendations, and with a deep sense of the trust
committed to us by our fellow-citizens, to take into
consideration the various and important matters falling
within the present session; and, in discussing and deciding
each, we shall feel every disposition, whilst we are
pursuing the public welfare, which must be the supreme
object with all our constituents, to accommodate, as far as
possible, the means of attaining it to the sentiments and
wishes of every part of them.

Mr. MADISON, from the committee appointed to wait on the President of the United States, to know when and where it will be convenient for him to receive the Address of this House, in answer to his Speech to both Houses of Congress, reported that the committee had waited on the President, who signified to them that it would be convenient to him to receive the said Address at twelve o'clock to-morrow, at his own house.

FRIDAY, October 28.

The SPEAKER, attended by the House, then withdrew to the house of the President of the United States, and there presented to him the Address of this House, in answer to his Speech to both Houses of Congress; to which the President made the following reply:

_Gentlemen:_

The pleasure I derive from an assurance of your attention
to the objects I have recommended to you is doubled by your
concurrence in the testimony I have borne to the prosperous
condition of our public affairs.

Relying on the sanctions of your enlightened judgment, and
on your patriotic aid, I shall be the more encouraged in
all my endeavors for the public weal, and particularly in
those which may be required on my part for executing the
salutary measures I anticipate from your present
deliberations.

G. WASHINGTON.

MONDAY, October 31.

Several other members, to wit: from Vermont, NATHANIEL NILES and ISRAEL SMITH; from Maryland, UPTON SHERIDINE; from North Carolina, WILLIAM BARRY GROVE; and from South Carolina, ROBERT BARNWELL; appeared, produced their credentials, and took their seats in the House.

TUESDAY, November 1.

ANTHONY WAYNE, member from Georgia, and JOSIAH PARKER, from Virginia, took their seats this day.

THURSDAY, November 3.

Two other members, to wit, RICHARD BLAND LEE and JOHN PAGE, from Virginia, appeared, produced their credentials, and took their seats in the House.

FRIDAY, November 4.

Another member, to wit, EGBERT BENSON, from New York, appeared, produced his credentials, and took his seat in the House.

MONDAY, November 7.

Several other members, to wit: from Pennsylvania, WILLIAM FINDLAY; from North Carolina, JOHN BAPTIST ASHE; and from Georgia, ABRAHAM BALDWIN; appeared, produced their credentials, and took their seats in the House.

TUESDAY, November 8.

Another member, to wit, ANDREW GREGG, from Pennsylvania, appeared, produced his credentials, and took his seat in the House.

_John Torrey._

The House resolved itself into a Committee of the whole House on the Report of the Secretary of War on the petition of John Torrey, administrator of Major Joseph Torrey, deceased.

Mr. AMES objected to the motion for accepting the Report of the Secretary of War. He said, it must be apparent that he was placed by accident in a relation to the subject in debate, which he should not have adopted of choice. With very little knowledge of the parties and their connections, and the interests that would be involved by the decision, he seemed to be considered as standing sponsor for the petitioner. He might justify this active support of the petition, by assigning motives which were common to other gentlemen; but as they have continued silent, I will assign a reason for speaking, which is peculiar to myself. Nothing excites a person to a more fervid defence of his opinions, than the supposed discovery that they are misunderstood, and the force of the reasons on which he had formed them unduly estimated.

Congress promised half-pay to the officers who should continue in service _to the end of the war_. This was afterwards made a commutation for half-pay. Major Torrey continued in service till September, 1783, when he died. The question is, did he continue in service to the end of the war? The provisional articles of peace were signed on the 30th November, 1782; but they were to remain without force till terms of peace should be agreed upon between Great Britain and France. This took place on the 30th January, 1783, and the ratifications were exchanged on the 3d February, 1783, at Paris. The provisional treaty between Great Britain and America was then _a treaty of peace_, and according to the words of that treaty was _concluded_. Accordingly, on the 11th April, 1783, Congress by a proclamation made known those facts, and the stipulations made, in regard to the periods when hostilities should cease, by the contracting parties to the treaty. Hostilities did cease, and before the end of April, 1783, all America was in perfect peace. The late hostile nations shook hands, our vessels sailed in safety, and by sea and land reconciliation succeeded to hostility.

But did all this put an end to the war? The children in the street would answer this question: they would say, it is peace when it is not war. Of all facts, the most notorious seems to be the state of war; and it is the fact that the war was at an end, (and not any after resolve of Congress,) that the commutation of Major Torrey was made to hinge upon. When the meaning of a bargain is disputed, it is usual to search out the intention of the contracting parties when it was made. Supposing, instead of interpreting a resolve of Congress, any twelve of this body had to try a case between two private persons; suppose that a man had given his note of hand for a sum to be paid at the _end of the war_. Would twelve of this House, or would any jury in the country say that the war continued longer than hostilities? In private life, a man would think it touched his character to refuse paying his note in such case. Surely a government ought to perform its promise with as much delicacy and exactness. Congress did not promise the half-pay, and afterward the commutation, on the condition that a man should serve till they should think proper to say the war was at an end. He depended on the stubborn _fact_ that it did end, which no resolution of Congress could change; and not on the refining opinion when the officers might safely be discharged--for that we see might be differently formed, according to the different views of policy and safety at the time. An officer having this promise of Congress, has a right to this commutation on the cessation of hostilities, in pursuance of the treaty. If this is disputed, the meaning of the words, "_the end of the war_," should be decided as it was understood at the time of the promise. Will any one believe that the 3d November, 1783, was the term, after the state of war and all the treaties which put an end to it, had been long passed? If any doubt still remains, writers on the law of nations should be consulted. For the officer may justly claim an execution of the promise according to law; that is the umpire between Government and the people. On appealing to the law of nations, we find that war is defined to be "the state in which a nation prosecutes its right by force." "Peace is opposed to the state of war--an accommodation is proposed and conditions agreed on, and thus peace puts an end to war." "When the powers at war agree to lay down their arms, the agreement is the treaty of peace." "The general and necessary effects of peace, are the reconciliation of enemies and the cessation of hostilities; it restores the two nations to their natural state." Would any jury in this country say, that the matter of fact and the principles of law were not in favor of the petition? Apply these maxims of law to the case. The provisional articles of November, 1782, were of themselves nothing, it is true, but they were to constitute the treaty of peace, whenever Great Britain and France had agreed on the terms of peace. As these two powers did agree on the 30th January, and ratified the terms on the 3d February, 1783, _then_ the provisional articles, to use the very words of the preamble, did _constitute the treaty of peace_; it was _then_ a _concluded_ thing; and peace in fact took place in the several parts of the world on the appointed days.

It has been said, that the preliminaries were no more than a suspension of arms--that the state of war still continues, until a _definitive_ treaty. To this it is answered, that preliminaries bind the national faith; if violated, the perjured faithless nation would kindle a new war. By the law of nations there is not such a distinction as that which is alleged, between preliminary and definitive treaties. Let the authorities for such a distinction be produced by those who make it. But they do not exist--a truce does not put an end to a war--a truce is, however, a suspension of war for a specified term. At the end of this term, the war begins again, of course, without any fresh declaration. But a suspension of hostilities for an indefinite period, is not a truce, but a peace; especially if it is added, that it is agreed upon by the belligerent nations in consequence of a settlement of their disputes, and if it happens in fact that the war is not revived. Those who make so much of a definitive treaty, and so light of preliminaries, should consider that, on their own system, the former is a kind of defeasance which annuls the latter. But when the definitive treaty is signed, the preliminaries, which before were liable to be annulled, now become of force, and the treaty, now become indefeasible, takes its date from the preliminaries. Though this mode of reasoning has not much weight on my mind, it ought to have some with those who have set up the distinction which it is adduced to overthrow.

These are the reasons on which I have formed my opinion that the war ended in fact in April, 1783, when hostilities ceased by mutual agreement of the powers at war. My opinion is supported by authority much more reputable than any I can give to it. The law courts in this country have decided it judicially; cases of captured vessels, and the question of interest on British debts, have produced decisions in every State of the Union, unless I am misinformed, that the war ended in March or April, 1783. The courts in England, and in every country where the war spread, on trials of property, have made similar decisions. Major Torrey died in September, 1783; shall this body decide against the settled rule of all the law courts?

It remains to remove some objections:

It is alleged, that Congress have by various resolves fixed the period of the war, and have declared that the 3d November, 1783, is the term. If they had declared that it should be computed from the end of the world, it would not alter the truth of the fact. _After_ declarations ought not to be received to change their own promises. But a declaration, or a dozen of them, made for another purpose, and not to declare the meaning of the contract, cannot on any principle be received to interpret it. It is not necessary, however, to contend against those resolves of Congress. They are irreconcilable with the former engagement to Major Torrey. In undertaking to reconcile them, I feel that I impose a task on myself, which is made heavy by the prepossessions of many of my friends; I believe the minds of gentlemen are perfectly fair, and well-disposed to doing the petitioner justice. But I hope I shall not be thought to intend any offence, when I remark that certain ideas, such as that this claim is cut off by resolves of Congress, and that on allowing it, confusion would take place in the business of the public offices, were started with the discussion, and they have remained so woven into the texture of the debate, that I think it hard to unravel them. It was soon manifested that there was a general disposition to vote against the petition. This opportunity for debate seems to have been accorded as of grace, rather than as a means of removing any existing doubts of their own. Having adopted these opinions, this is rather a form of refusal than a mode of inquiring; and it seems to have been chosen with every circumstance of decency, and with all possible steadfastness of purpose. Yet I will proceed to state, that the point whether the war was at an end when hostilities ended in April, 1783, being already considered fully, we are to look for other reasons than such as relate to the commutation, to explain the resolves of Congress which continued the service of the officers beyond the end of the war, and as late as November, 1783. A mistake seems to have crept in here. It seems to be supposed that the officers were engaged to serve to the end of the war, just long enough to secure their commutation. But the commutation depended on one thing--the term of their service on another. The former was their right at the end of the war; but they were to remain in service till dismissed, unless they should think fit sooner to resign. They held their commissions during the pleasure of Congress. Though when the war ended they had a right to the commutation, they had no right to say their service was at an end. They did not choose to resign: Congress, for wise reasons, did not choose to dismiss them. A foreign army was still in New York. They were sent home on furlough, but drawing pay, and liable to be called into the field. Congress, in their resolves, did not say that it was not peace, but in effect that it was unsafe to disarm. Gentlemen are not well agreed among themselves as to the end of the war. Some fix it at the definitive treaty of September 3, 1783; others at November 3. Their conclusions agree as illy with their principles; for if the definitive treaty put an end to the war, how can the same gentlemen say that the war was kept alive, on the journals of Congress, till November, 1783? Here, then, were Peace and War subsisting quietly together during two months.

The fears of making confusion by opening a door to many applications, seem to be groundless. A man must have died between the end of hostilities and November, 1783, to place a claim on the like footing. The living have had their commutations; they cannot come: and no other officer died in that period, as far as I can learn. I have inquired, and cannot find at the office of the Secretary of War any precedent which militates with this claim, or any reason to suppose that any similar one will be offered. The case is a new one; it stands alone, and probably ever will, and it must be decided on its own merits. Believing the fact to be indisputable that Major Torrey served to the end of the war, confiding in the principles of the law of nations, and the settled decisions of the Judicial Courts, I have endeavored to explain my ideas with perspicuity, and to impress them with force. I have said more than questions touching an individual will often be found to merit; but when public principles are construed to the prejudice of private rights, the debate cannot be treated too seriously.

Mr. BOUDINOT said, he differed in opinion from the gentleman in his construction of the business. He did not coincide in the idea that the decision of the present question should be on a strictly judicial principle. The petition is founded on certain resolutions and laws of Congress; and as there are certain established rules which have been observed in settling with every other officer similarly circumstanced, Congress cannot now with propriety break through those rules; to these they ought to adhere, till by the decision of some judicial court it shall appear that they are contrary to the rules of justice. [Here Mr. AMES requested Mr. BOUDINOT to point out the rules to which he referred.] Mr. B. referred to the report now under consideration, which was founded on a resolution of Congress, that the time for which the army was engaged should expire in November, 1783. This has been made a rule in all the settlements with the officers of the army.