Chapter XLII: Introduction (41)

NAYS.--John Baptist Ashe, Elias Boudinot, John Brown,
Abraham Clark, William B. Giles, Nicholas Gilman, Benjamin
Goodhue, James Gordon, William Barry Grove, James
Hillhouse, Israel Jacobs, Aaron Kitchell, Nathaniel Macon,
Andrew Moore, Nathaniel Niles, Joshua Seney, Jeremiah
Smith, Israel Smith, John Steele, Jonathan Sturges, Thomas
Sumter, Peter Sylvester, Thomas Tredwell, Artemas Ward,
Alexander White, and Hugh Williamson.

_Ordered_, That a bill or bills be brought in pursuant to the said resolution, and that Mr. LIVERMORE, Mr. PAGE, and Mr. BARNWELL, do prepare and bring in the same.

THURSDAY, April 5.

_Apportionment Bill._

A message was received from the President of the United States returning to the House the bill passed by the two Houses entitled "An act for an Apportionment of Representatives among the several States according to the first Enumeration," and presented to the President for his approbation on Monday, the 26th of March; to which bill the President having made objections, the said objections were read, and ordered to be entered at large on the Journal, as follows:

"UNITED STATES, _April 5, 1792_."

_Gentlemen of the House of Representatives:_

"I have maturely considered the act passed by the two
Houses entitled 'An act for an Apportionment of
Representatives among the several States, according to the
first Enumeration;' and I return it to your House, wherein
it originated, with the following objections:

"First. The constitution has prescribed that
Representatives shall be apportioned among the several
States according to their respective numbers; and there is
no one proportion or divisor which, applied to the
respective numbers of the States, will yield the number and
allotment of Representatives proposed by the bill.

"Second. The constitution has also provided that the number
of Representatives shall not exceed one for every thirty
thousand; which restriction is, by the context, and by fair
and obvious construction, to be applied to the separate and
respective numbers of the States; and the bill has allotted
to eight of the States more than one for every thirty
thousand.

"G. WASHINGTON."

_Resolved_, That to-morrow be assigned for the reconsideration of the said bill, in the mode prescribed by the Constitution of the United States.

FRIDAY, April 6.

_Apportionment Bill._

The House proceeded to reconsider the bill passed by the two Houses entitled "An act for an Apportionment of Representatives among the several States, according to the first Enumeration," which was presented for approbation on Monday, the 26th of March, and returned by the President yesterday, with objections.

The said bill was read, and is as follows:

"An act for an Appointment of Representatives among the
several States, according to the first Enumeration.

"_Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled_,
That, from and after the 3d day of March, in the year one
thousand seven hundred and ninety-three, the House of
Representatives shall be composed of one hundred and twenty
members, elected within the several States, according to
the following apportionment, that is to say: Within the
State of New Hampshire, five; within the State of
Massachusetts, sixteen; within the State of Vermont, three;
within the State of Rhode Island, two; within the State of
Connecticut, eight; within the State of New York, eleven:
within the State of New Jersey, six; within the State of
Pennsylvania, fourteen; within the State of Delaware, two;
within the State of Maryland, nine; within the State of
Virginia, twenty-one; within the State of Kentucky, two;
within the State of North Carolina, twelve; within the
State of South Carolina, seven; and within the State of
Georgia, two.

"JONATHAN TRUMBULL,

"_Speaker of the House of Representatives._

"JOHN ADAMS,

"_Vice President U. S. and President of Senate._"

The President's objections were also read; and, after debate on the subject-matter of the said bill, the question "That the House, on reconsideration, do agree to pass the bill," was determined in the mode prescribed by the Constitution of the United States, and passed in the negative--yeas 23, nays 33, as follows:

YEAS.--Fisher Ames, Egbert Benson, Shearjashub Bourne,
Benjamin Bourne, Abraham Clark, Thomas Fitzsimons, Elbridge
Gerry, Nicholas Gilman, Benjamin Goodhue, James Gordon,
Thomas Hartley, Israel Jacobs, Aaron Kitchell, John W.
Kittera, John Laurance, Amasa Learned, Samuel Livermore,
Nathaniel Niles, Cornelius C. Schoonmaker, Theodore
Sedgwick, Jeremiah Smith, Israel Smith, John Steele, George
Thatcher, Thomas Tredwell, John Vining, Jeremiah Wadsworth,
and Artemas Ward.

NAYS.--John Baptist Ashe, Abraham Baldwin, Robert Barnwell,
John Brown, William Findlay, William B. Giles, Andrew
Gregg, Samuel Griffin, Wm. Barry Grove, Daniel Heister,
James Hillhouse, Daniel Huger, Philip Key, Richard Bland
Lee, Nathaniel Macon, James Madison, John Francis Mercer,
Andrew Moore, Frederick Augustus Muhlenberg, William Vans
Murray, John Page, Josiah Parker, Joshua Seney, Upton
Sheridine, William Smith, Samuel Sterrett, Jonathan
Sturges, Thomas Sumter, Thomas Tudor Tucker, Abraham
Venable, Alexander White, Hugh Williamson, and Francis
Willis.

And so the bill was rejected, two-thirds of the House not agreeing to pass the same.

MONDAY, April 9.

_Apportionment Bill._

The House resolved itself into a Committee of the whole House on the bill for an Apportionment of Representatives among the several States, according to the first Enumeration; at the ratio of one for every ---- thousand persons, in the respective States.

Mr. GILES observed, that, although this subject has been heretofore thoroughly discussed, and the minds of gentlemen probably fatigued with the discussion, yet he could not help trespassing upon the patience of the committee, by mentioning some of the principal reasons which would influence his vote against the motion, and in favor of that ratio which will afford the greatest number of Representatives authorized by the constitution. He was induced to do this from an opinion that, in the usual course of things, arguments will have an effect upon the public mind in some measure proportioned to their own solidity, and the purity of the motives which actuate them. That the compound of these qualities form a common standard, by which all arguments would and ought to be measured by the great majority of the people; and he had no objections to submitting his reasons to the application of this common standard; he meant, however, to confine himself to general remarks, and not to fatigue the committee unnecessarily with minute exemplification of them.

He proceeded by observing, that the expression in the constitution induced and justified the general expectation among the people of the United States, that one Representative for every thirty thousand persons was secured to them by the constitution; that a definitive certainty in the number of Representatives, as well as the manner of procuring them, is, in its nature, of constitutional and not of legislative provision, and affords a reason against varying the ratio mentioned in the constitution, although that ratio be expressed in terms of latitude; that Congress had confirmed the general expectation in the public mind by the proposed amendments to the constitution, and had at least given a solemn opinion in favor of the ratio of one to thirty thousand, until the number of Representatives should amount to one hundred, after acquiring which number by that rule only, a qualified discretion is admitted; that the opinions of the great bulk of the people of America were in favor of an increased representation, at least as far as the utmost limits prescribed by the constitution; that this circumstance was evidenced by the conventions which adopted the constitution; that it was further evidenced by the several Legislatures which adopted the proposed amendments before alluded to; that it was still further evidenced by the number of Representatives in the respective State Legislatures; that this last circumstance is rendered peculiarly forcible by a comparative view of the objects of legislation chartered to the Government of the United States, and those retained to the State Governments. The objects of legislation chartered to the Government of the United States, are wholly national and important; the objects of legislation retained to the State Governments are comparatively local and subaltern: those peculiarly prompt temptation and invite corruption--these offer no inducements to either. In the Government of the United States, the constituents of the Representative body are complex and diversified; in the State Governments they are comparatively simple and assimilated. That a sympathy with the feelings of the people should characterize this branch of the Government; wisdom is the expected characteristic of the Senate; and despatch of the Executive.

To the inequality of representation relatively to States suggested to result from the application of this rule, Mr. G. replied that the inequality complained of is rather ideal than real; that to determine how far this consideration really ought to exist among States, it is right and proper to ascertain the whole comparative Government: and the issue of this inquiry will be, that those States in whose favor the rule is said to operate, possess the least governmental influence in the Senate, proportioned to numbers; and that the casual gain here is no equivalent for the certain loss there. As far, therefore, as the governmental influence of States in relation to numbers is to operate, it will furnish a motive of preferment for the rule he contended for.

It has been said (continued Mr. G.) that the representation of the States in the Senate is strictly defined by the constitution, and that therefore the consideration of the relative influence of the States, then, should not be resorted to as an argument in the apportionment of Representatives to this House. But, it should be observed, that the rule contended for, though not so strictly defined, is equally within the pale of the constitution; and the most extended use to be made of this consideration is, to manifest the impropriety of resorting to the pretended inequality among States, as a conclusive argument to vary that ratio of representation for this House which is admitted to be the most proper, upon its intrinsic merits, and when viewed without a reference to that consideration. This particular subject suggests a peculiar equity and propriety, in taking into consideration the comparative governmental influence of the States in the Senate, proportioned to numbers; because, it is in consequence of a representation by States, there, that they gain this unequal influence: and nothing more is contended for by this rule than a representation of the people through the medium of the several States, here. The rule of representation is not the cause of the present inequality, as far as it may appear to exist; it is a mere contingent circumstance, depending upon arbitrary facts and numbers, which cannot be rendered subservient to any general rule. It should also be remarked, that most of the States supposed to be favored by the operation of this rule, have, heretofore, been unequally represented in the extreme; and from the extent and rapid population of these States, it may be concluded, with certainty, that previously to the expiration of the present apportionment, the real inequality of representation in this House, as well as in the Senate, will continue to bear particularly hard upon them. Perfect equality is unattainable; and the proposed ratio is, in the principle, equally subject with any other to all the inconveniences which it is intended to remedy.

The inconveniences of the rule he contended for, in their utmost extent, can never be very great, because the same rule is applied in the same manner to the respective States; and the most extended scope for its unequal operation must be confined to the casual result of the fractional numbers within the several States. In reflecting upon this argument of inequality of representation in relation to States, an idea had presented itself to his mind which seemed to him both novel and important; and that is, that a quality exists in the Government, from its peculiar organization which enables a minority of constituents, through the medium of a majority of Representatives, to give law to a majority of constituents, absolutely against the will of their minority of Representatives. This quality of the Government arises from the State representations in the Senate; and it exists not merely in speculation or idea--it has been sensibly felt in practice, and there is a real tendency in the Government to make it still more so. The very bill now under consideration will probably furnish one strong evidence of its efficacy in practice; it would have passed very differently from the present proposition, if it had not met with this unnatural check; and I am concerned, said he, to remark, that almost in every important measure of the Government, the minority of the people of the Union had given law to the majority of the people, against their consent, as far as this can be evidenced through the medium of their Representatives. This, it is to be feared, is a radical evil in the Government, and its magnitude would be in a great measure proportioned to the extension of the objects of legislation by this Government. If the people be the only legal source of governmental authority, and this right of individuals be equal, this is certainly a heterodox principle in the Government. He would not pretend to say, however, that this was a cancer upon the body politic too inveterate and vital to admit of a cure; but he conceived it to be a sore of that sort which it would be unwise to irritate or tamper with: and he conceived, also, the present proposition not to be without its irritating qualities.

Mr. G. then proceeded to consider, upon general principles, of increasing the representation in this House to the full extent authorized by the constitution, and particularly with a view to the necessity of establishing, in this branch of the Government, a permanent sympathy with the landed interest. He observed, that all Representative Governments appeared to possess a natural tendency from Republicanism to Monarchy; that, great inequalities in the distribution of wealth among individuals, consequent upon the progress of all governments, appeared to be the cause of their political evolutions; that no competent remedy against this evil had been heretofore discovered, or at least practically applied by any Government; that perhaps this great political light may first shine forth through the medium of the American constitutions, and serve, as some others have previously done, to illumine not only the American, but the European world.

The peculiar circumstances of the United States, however, since the late Revolution, and in the infancy of the American Governments, favored extremely this natural principle of the growing inequality in the distribution of wealth amongst individuals. An extensive, unexhausted, fertile country furnished full scope for agriculture, the plenty and cheapness of provisions and rude materials for manufactures, and an unshackled commerce for the merchant; and to these were added the blessings of peace, and laws securing to the individual the exclusive possession of the fruits of his own industry, however abundant. There were intrinsic circumstances; there was a contingent one. A public debt--the price of the Revolution itself and its consequent blessings--had been incurred, and, from the imbecility of the then existing Confederacy, and other causes, was depreciated considerably below its nominal value; but it was then in small masses, and not very unequally spread amongst the individuals throughout the whole United States. The Government of the United States, instead of managing this contingent circumstance with caution, and declaring so in its ministration, seized upon it with its fiscal arrangement, and applied it as the most powerful machine to stimulate this growing inequality in the distribution of wealth--a principle perhaps too much favored by other existing causes. The Government, not satisfied with the debts contracted by the former Confederacy, assumed the payment of a great proportion of the debts contracted by the respective State Governments, and established funds for paying the interest of the whole. This measure produced two effects, not very desirable amongst individuals. It gathered these scattered debts, at a very inferior price, from the hands of the many, and placed them in the hands of the few; and it stimulates the value of them. Thus collected into greater masses, beyond all calculation, by the artificial application of fiscal mechanism, it produced a variety of serious effects with respect to the Government. In opposition to the agricultural or republican, it enlisted a great moneyed interest in the United States, who, having embarked their fortunes with the Government, would go all lengths with its Administration, whether right or wrong, virtuous or vicious, by rendering the debt but partially redeemable, passing perpetual tax laws, and mortgaging their products to the payment of the interest of this perpetually-existing debt. It gave the Executive a qualified control over the best moneyed resources of the United States, not contemplated by the constitution, nor founded in wisdom. It gave rise to an unauthorized incorporation of the moneyed interest, and placed it as far as possible from the reach of future Legislative influence. It established the doctrine that one systematic financier was better able to originate money bills and tax the people of the United States, than the whole collected wisdom of their Representatives, with the aid of a reciprocity of feeling. It gave rise to the idea of a Sinking Fund, without limitation as to amount, to be placed in the hands of a few trustees, and there to be protected from Legislative control by all the sanctions and securities annexed to private property. In short, it established the doctrine that all authority could be more safely intrusted to, and better executed by a few, than by many; and, in pursuance of this idea, made more continual drafts of authority from the Representative branch of the Government, and placed it in the hands of the Executive; lessening, by this mechanism of administration, the constitutional influence of the people in the Government, and fundamentally changing its native genius and original principle. He (Mr. G.) knew of no competent remedy against the abominable evils to be apprehended from the future operation of these unhallowed principles, but a permanent establishment of the candid or Republican interest in this House; and the best chance of effecting this great object he conceived to be a full representation of the people. His alarms respecting these fashionable, energetic principles were greatly increased by a perspective view of some of the proposed measures of Government. He saw systems introduced to carve out of the common rights of one part of the community privileges, monopolies, exclusive rights, &c., for the benefit of another, with no other view, in his opinion, but to create nurseries of immediate dependants upon the Government, whose interest will always stimulate them to support its measures, however iniquitous and tyrannical, and, indeed, the very emoluments which will compose the price of their attachment to the Government will grow out of a tyrannical violation of the rights of others. He would forbear to mention a variety of other circumstances, to prove that principles having a tendency to change the very nature of the Government, have pervaded even the minutest ramifications of its fiscal arrangements, nor would he dwell upon the undue influence to be apprehended from moneyed foreigners, who had become adventurers in the funds, nor the various avenues opened to facilitate the operation of corruption. He would merely remark, that, acting under impressions produced by these considerations, and strengthened by others not less pertinent and important, suggested by a number of gentlemen, in the course of the discussion of this subject, and believing that a full representation of the people will furnish the only chance of remedy for the existing, and a competent protection against future evils, he should feel himself criminal if by his vote he should give up a single Representative authorized by the constitution. The same impressions would have induced him to have voted for the proposition which gave one hundred and twenty members, had it not been for a conscientious and paramount regard for the preservation of the constitution. The difference of the position of the members throughout the United States, which would have been assumed by the difference in the manner of making the apportionment, never amounted to the minimum of a consideration with him against the proposition; for he felt a conviction that the agricultural or equalizing interest was nearly the same throughout all parts of the United States; and he hoped that the increased representation would furnish strong testimonies of the truth of the position. He would remark, generally, the Government of America was now in a state of puberty, that is, at this time. She is to assume a fixed character, and he thought it in some degree rested upon the vote now to be given, whether she would preserve the simplicity, chastity, and purity of her native representation and Republicanism, in which alone the true dignity and greatness of her character must consist; or whether she will, so early in youth, prostitute herself to the venal and borrowed artifices and corruptions of a stale and pampered Monarchy? Whatever his own opinions or suspicions may be respecting the tendency of the present Administration, and whatever may be the discussion of to-day, he should still preserve a hope that the increased representation, supported by the enlightened spirit of the people at large, will form an effectual resistance to the pressure of the whole vices of the Administration, and may yet establish the Government upon a broad, permanent, and Republican basis.

When Mr. GILES had concluded, the committee rose, and reported an amendment, viz: to fill up the blank with the word "thirty-three;" which was carried in the affirmative--yeas 34, nays 30, as follows:

YEAS.--Fisher Ames, Robert Barnwell, Egbert Benson, Elias
Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham
Clark, Jonathan Dayton, Thomas Fitzsimons, Elbridge Gerry,
Nicholas Gilman, Benjamin Goodhue, James Gordon, Andrew
Gregg, Thomas Hartley, Daniel Heister, James Hillhouse,
Daniel Huger, Israel Jacobs, Aaron Kitchell, John W.
Kittera, Amasa Learned, Samuel Livermore, Nathaniel Niles,
Theodore Sedgwick, Jeremiah Smith, Israel Smith, William
Smith, Jonathan Sturges, Peter Sylvester, George Thatcher,
John Vining, Jeremiah Wadsworth, and Artemas Ward.

NAYS.--John Baptist Ashe, Abraham Baldwin, John Brown,
William Findlay, William B. Giles, Samuel Griffin, William
Barry Grove, Philip Key, John Laurance, Richard Bland Lee,
Nathaniel Macon, James Madison, John Francis Mercer, Andrew
Moore, Frederick Augustus Muhlenberg, William Vans Murray,
John Page, Josiah Parker, Cornelius C. Schoonmaker, Joshua
Seney, Upton Sheridine, John Steele, Samuel Sterrett,
Thomas Sumter, Thomas Tredwell, Thomas Tudor Tucker,
Abraham Venable, Alexander White, Hugh Williamson, and
Francis Willis.

_Ordered_, That the said bill, together with the amendments, be engrossed and read the third time to-morrow.

FRIDAY, April 20.

_Publication of the Debates._

Before the House proceeded to the order of the day--

Mr. GERRY said, that the circumstance of a publication which had made its appearance that morning induced him to rise for the purpose of bringing forward a proposition respecting a full and impartial publication of the debates of that House. Every gentleman, he believed, would agree with him that, from a publication of this kind, the citizens of the United States would derive such information respecting the proceedings of the Legislature, and the principles on which the laws are grounded, as must be productive of the most salutary effects, and attach the people more strongly to the General Government; but the _ex parte_ publications can have no other tendency than to misrepresent their proceedings, and alienate the affections of the citizens. He therefore moved the following resolution:

"Whereas an impartial publication of the Debates of
Congress stating accurately their Legislative measures, and
the reasons urged for and against them, is a desirable
object, inasmuch as it may aid the Executive in
administering the Government, the Judiciary in expounding
the laws, the Governments and citizens of the several
States in forming a judgment of the conduct of their
respective Representatives, and Congress themselves in
revising and amending their Legislative proceedings: And
whereas, from the want of proper arrangements, such
publication has not been accomplished--

"_Resolved_, That ---- persons, of good reputation, and
skilled in the art of stenography, be, at the next session,
appointed by ballot, to take and publish, impartially and
accurately, the Legislative subjects which may be submitted
to the consideration of the House, and the debates thereon
of the members respectively; that the persons so to be
appointed be considered as officers of the House, and
provided for accordingly; that they be severally qualified
by oath to a faithful discharge of the trust; and that such
regulations shall be prescribed, as may be necessary to
protect them in attaining the salutary objects of their
appointment."

This, Mr. G. said, was a subject which ought no longer to be overlooked. Whilst Congress sat at New York, great uneasiness had been occasioned in the House by the mode in which the debates were published. Sometimes members were introduced as uttering arguments directly the reverse of what they had advanced. At other times, the substance of the arguments, as published, wore an aspect widely different from what they had when offered in debate. In some instances, their arguments were so garbled that they themselves were unable to recognize them in print; in others, they were disfigured with grammatical errors, and rendered totally unintelligible; and on many occasions, the arguments on one side of the question only were published.

Such were the effects produced by this mode of publication that a gentleman from South Carolina (Mr. BURKE) brought forward a motion for correcting those evils, which was debated for some time. After the subject had been two or three times under discussion, the House was informed that there was a probability of care being taken in future to correct the errors; and thus the matter was passed over.

Mr. G. then mentioned a circumstance which he had learned from a gentleman who had declared he could prove it on oath before the House, if called upon, viz: that, having asked one of those persons who at that time published the debates, "how he could think of publishing them so inaccurately?" the answer was, "that he was under a necessity of obliging his employers." Hence, he concluded that there must have been a corrupt faction who influenced that short-hand writer.

When Congress first came to this city, the debates were published pretty accurately; and so they were this session, in some of the papers, but, in others, the case was otherwise; and he himself, as well as other gentlemen, had been under a necessity of publicly contradicting them in print. In some of the debates, the answer to an argument was published before the argument itself made its appearance; on other occasions, they were published very fully on one side of the question, whilst nothing appeared on the other. Every gentleman, he believed, would admit that this was a true state of the business; and it was well known that, on many important occasions, no debates had been published at all.

The want of regularity in the publication was, he supposed, owing, in some measure, to the want of proper encouragement, as the printers of newspapers would not probably find their account in allowing a sufficient compensation to induce short-hand writers to devote their whole time to the business.

Mr. G. then read from the American Daily Advertiser (of Friday last) the following passage:

"A warm debate hereupon took place, during the course of
which one gentleman, who strenuously supported the motion,
was several times interrupted. Apprehensions were expressed
of dangerous consequences, in case his speech should appear
in print; and an honorable member, who opposed the motion,
(Mr. GERRY,) declared that the manner in which the Debates
of Congress had been published, and the business conducted,
during the present session, had a direct tendency to bring
about a dissolution of the Union.

"As the honorable gentleman did not further explain
himself, we are at a loss to determine whether he meant to
tax the publishers of the debates with inaccuracy in
stating them wrong,----or imprudence, in stating them
right, and freely publishing whatever sentiments any member
of that House may think proper to express, in the
constitutional exercise of the freedom of debate. But,
certain we are, that he could not mean to stigmatize them
as actuated by partiality, undue influence, or sinister
motives of any kind."

Here, said Mr. G., an idea was held up that the gentleman who had spoken first (Mr. MERCER) was interrupted. But it is not said that I was interrupted too. I was interrupted as often as he. The House can determine whether I have ever taken any measure to prevent a free and candid publication of the debates. On the contrary, I have always endeavored to obtain it; and I will still proceed to accomplish it as far as possible. I think neither this House nor any of its members ought to be subject to publications of this kind. If they are, they will be obliged either to enter into paper wars with printers, or to relinquish the public good. It is incumbent on the House to take measures to prevent misrepresentation. I therefore submit to the House the resolution which I have read; and I hope that, if the proposition itself appears worthy of their attention, they will take it into consideration; or, if it wants any amendment, they will refer it to a committee; for I think the subject ought not to be any longer neglected.

Mr. MERCER.--I second the motion; and I think the publication which the honorable gentleman has read to the House contains but a fair statement of facts. The gentleman, in the course of the former debate, made some very strange allusions to what was said by me, which were wholly unauthorized. I consider it as a primary object in this Government that we should on this floor be at all times free to express our sentiments of the Government, without involving the Government itself. I consider such a measure as is now contemplated to be well worthy the serious attention of the House. We are at a distance from our constituents; and it is a misfortune that we are withdrawn from their inspection, by being placed in a part of the Union where it is not easy to compare our circumstances and conduct in private life with the motives which may be supposed to influence our political conduct. Our constituents ought to be acquainted with our proceedings here; and it is only from a full and accurate publication of the debates of this House that they can obtain any satisfactory information on this subject.

Mr. GERRY said, that the paragraph he had read did not contain a full statement of facts, as the apprehensions he had expressed were only in case the arguments should go "_unanswered_."

Mr. GILES made, and Mr. W. SMITH seconded, a motion for referring the resolution to a select committee, to report such regulation as they may think necessary for the publication of the debates. An additional reason for the reference was, that some alteration in the wording appeared necessary, to (Mr. SMITH,) so far as respects the Judiciary, &c.

Mr. BOUDINOT objected to the commitment, as he thought it a subject of considerable consequence, and there would not be time to take it up during the present session, the House having already outsat the time which the other branch of the Legislature had proposed for the adjournment. This was his only objection; otherwise, he was far from being opposed to the measure.

Mr. GILES thought the consequence of letting the matter lie over till next session would be, that it would die away, and nothing would be done. Unless some steps be taken during the present session, no persons would come forward as candidates at the commencement of the next. But if a committee report on the subject, the House may determine what steps are to be taken, and the people will be prepared accordingly.

The question being taken on the commitment, it passed in the affirmative--yeas 27, nays, 22.

_Ordered_, That the said motion be committed to Mr. GERRY, Mr. MERCER, Mr. LEE, Mr. SMITH, (of South Carolina,) and Mr. KITTERA.

TUESDAY, May 8.

A message was received from the Senate, notifying the House that the Senate, having completed the Legislative business before them, are now about to adjourn. Whereupon,

_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 until the first Monday in November next, and that the Clerk of this House do go with the said message.

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

The SPEAKER adjourned the House, to meet on the first Monday in November next.

SECOND CONGRESS.--SECOND SESSION.

BEGUN AT THE CITY OF PHILADELPHIA, NOVEMBER 5, 1792.

PROCEEDINGS OF THE SENATE.

MONDAY, November 5, 1792.

This being the day fixed by law for the annual meeting of the second session of the second Congress, the following Senators appeared, and took their seats:

JOHN LANGDON and PAINE WINGATE, from New Hampshire.

CALEB STRONG and GEORGE CABOT, from Massachusetts.

THEODORE FOSTER, from Rhode Island.

OLIVER ELLSWORTH and ROGER SHERMAN, from Connecticut.

STEPHEN R. BRADLEY and MOSES ROBINSON, from Vermont.

RUFUS KING, from New York.

PHILEMON DICKINSON and JOHN RUTHERFORD, from New Jersey.

GEORGE READ, from Delaware.

JAMES MONROE, from Virginia.

JOHN BROWN and JOHN EDWARDS, from Kentucky.

BENJAMIN HAWKINS, from North Carolina.

PIERCE BUTLER and RALPH IZARD, from South Carolina; and

WILLIAM FEW, from Georgia.

In the absence of the VICE PRESIDENT, and also of RICHARD HENRY LEE, elected President _pro tempore_ at a former session, the Senate proceeded to the choice of a President _pro tempore_, as the constitution provides, and JOHN LANGDON was duly elected.

JOHN BROWN and JOHN EDWARDS, from the State of Kentucky, respectively, produced their credentials; and the oath required by law was, by the PRESIDENT _pro tempore_, administered to them.

_Ordered_, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled and ready to proceed on business.

A message from the House of Representatives informed the Senate that a quorum of the House of Representatives is assembled, and ready to proceed to business.

A second message informed the Senate that the House of Representatives have resolved that a committee be appointed, jointly with such committee as the Senate shall appoint, to wait on the PRESIDENT OF THE UNITED STATES, and notify him that a quorum of the two Houses is assembled, and ready to receive any communications he may please to make to them; in which resolution they desire the concurrence of the Senate.

_Resolved_, That the Senate concur in the appointment of a joint committee to wait on the PRESIDENT OF THE UNITED STATES, agreeably to the resolution of the House of Representatives, and that Messrs. IZARD and STRONG be the committee on the part of the Senate.

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

The Senate proceeded to consider the said resolution; and

_Resolved_, That they do concur therein, and that the Right Rev. Bishop WHITE be the Chaplain on the part of the Senate.

A message from the House of Representatives informed the Senate that the House of Representatives have proceeded to the election of a Chaplain to Congress for the present session, and have appointed the Rev. Doctor GREEN on their part.

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 meet the two Houses of Congress in the Senate Chamber to-morrow at 11 o'clock.

TUESDAY, November 6.

ROBERT MORRIS, from the State of Pennsylvania, attended, and took his seat.

_Ordered_, That the Secretary acquaint 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 to 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 follows:

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

It is some abatement of the satisfaction with which I meet
you on the present occasion, that, in felicitating you on a
continuance of the national prosperity, generally, I am not
able to add to it information that the Indian hostilities,
which have, for some time past, distressed our
north-western frontier, have terminated.

You will, I am persuaded, learn with no less concern than I
communicate it, that reiterated endeavors, towards
effecting a pacification, have hitherto issued only in new
and outrageous proofs of persevering hostility on the part
of the tribes with whom we are in contest. An earnest
desire to procure tranquillity to the frontier; to stop the
further effusion of blood; to arrest the progress of
expense; to forward the prevalent wish of the nation for
peace, has led to strenuous efforts, through various
channels, to accomplish these desirable purposes; in making
which efforts, I consulted less my own anticipations of the
event, or the scruples which some considerations were
calculated to inspire, than the wish to find the object
attainable; or, if not attainable, to ascertain
unequivocally that such is the case.

A detail of the measures which have been pursued, and of
their consequences, which will be laid before you, while it
will confirm to you the want of success, thus far, will, I
trust, evince that means as proper and as efficacious as
could have been devised have been employed. The issue of
some of them, indeed, is still depending; but a favorable
one, though not to be despaired of, is not promised by any
thing that has yet happened.

In the course of the attempts which have been made, some
valuable citizens have fallen victims to their zeal for the
public service. A sanction commonly respected even among
savages has been found, in this instance, insufficient to
protect from massacre the emissaries of peace: it will, I
presume, be duly considered whether the occasion does not
call for an exercise of liberality towards the families of
the deceased.

It must add to your concern to be informed, that, besides
the continuation of hostile appearances among the tribes
north of the Ohio, some threatening symptoms have of late
been revived among some of those south of it.

A part of the Cherokees, known by the name of Chickamagas,
inhabiting five villages on the Tennessee River, have long
been in the practice of committing depredations on the
neighboring settlements.

It was hoped that the treaty of Holston, made with the
Cherokee nation in July, 1791, would have prevented a
repetition of such depredations. But the event has not
answered this hope. The Chickamagas, aided by some banditti
of another tribe, in their vicinity, have recently
perpetrated wanton and unprovoked hostilities upon the
citizens of the United States in that quarter. The
information which has been received on this subject will be
laid before you. Hitherto, defensive precautions only have
been strictly enjoined and observed.

It is not understood that any breach of treaty, or
aggression whatsoever, on the part of the United States, or
their citizens, is even alleged as a pretext for the spirit
of hostility in this quarter.

I have reason to believe that every practicable exertion
has been made (pursuant to the provision by law for that
purpose) to be prepared for the alternative of a
prosecution of the war, in the event of a failure of
pacific overtures. A large proportion of the troops
authorized to be raised have been recruited, though the
number is still incomplete. And pains have been taken to
discipline and put them in condition for the particular
kind of service to be performed. A delay of operations
(besides being dictated by the measures which were pursuing
towards a pacific termination of the war) has been in
itself deemed preferable to immature efforts. A statement,
from the proper Department, with regard to the number of
troops raised, and some other points which have been
suggested, will afford more precise information, as a guide
to the Legislative consultations; and among other things,
will enable Congress to judge whether some additional
stimulus to the recruiting service may not be advisable.

In looking forward to the future expense of the operations
which may be found inevitable, I derive consolation from
the information I receive, that the product of the revenues
for the present year is likely to supersede the necessity
of additional burdens on the community for the service of
the ensuing year. This, however, will be better ascertained
in the course of the session; and it is proper to add, that
the information alluded to proceeds upon the supposition of
no material extension of the spirit of hostility.

I cannot dismiss the subject of Indian affairs without
again recommending to your consideration the expediency of
more adequate provision for giving energy to the laws
throughout our interior frontier, and for restraining the
commission of outrages upon the Indians; without which all
pacific plans must prove nugatory. To enable, by competent
rewards, the employment of qualified and trusty persons to
reside among them as agents, would also contribute to the
preservation of peace and good neighborhood. If, in
addition to these expedients, an eligible plan could be
devised for promoting civilization among the friendly
tribes, and for carrying on trade with them, upon a scale
equal to their wants, and under regulations calculated to
protect them from imposition and extortion, its influence
in cementing their interest with ours, could not but be
considerable.

The prosperous state of our revenue has been intimated.
This would be still more the case were it not for the
impediments which, in some places, continue to embarrass
the collection of the duties on spirits distilled within
the United States. These impediments have lessened, and are
lessening, in local extent; and, as applied to the
community at large, the contentment with the law appears to
be progressive.

But symptoms of increased opposition having lately
manifested themselves in certain quarters, I judged a
special interposition on my part proper and advisable; and,
under this impression, have issued a Proclamation, warning
against all unlawful combinations and proceedings, having
for their object or tending to obstruct the law in
question, and announcing that all lawful ways and means
would be strictly put in execution for bringing to justice
the infractors thereof, and securing obedience thereto.

Measures have also been taken for the prosecution of
offenders; and Congress may be assured that nothing within
constitutional and legal limits, which may depend upon me,
shall be wanting to assert and maintain the just authority
of the laws. In fulfilling this trust, I shall count
entirely upon the full co-operation of the other
Departments of the Government, and upon the zealous support
of all good citizens.

I cannot forbear to bring again into the view of the
Legislature the subject of a revision of the Judiciary
system. A representation from the Judges of the Supreme
Court, which will be laid before you, points out some of
the inconveniences that are experienced. In the course of
the execution of the laws, considerations arise out of the
structure of that system, which, in some cases, tend to
relax their efficacy. As connected with this subject,
provisions to facilitate the taking of bail upon processes
out of the Courts of the United States, and a supplementary
definition of offences against the constitution and laws of
the Union, and of the punishment for such offences, will,
it is presumed, be found worthy of particular attention.

Observations on the value of peace with other nations are
unnecessary. It would be wise, however, by timely
provisions to guard against those acts of our own citizens,
which might tend to disturb it, and to put ourselves in a
condition to give that satisfaction to foreign nations
which we may sometimes have occasion to require from them.
I particularly recommend to your consideration the means of
preventing those aggressions by our citizens on the
territory of other nations, and other infractions of the
law of nations which, furnishing just subject of complaint,
might endanger our peace with them, and, in general, the
maintenance of a friendly intercourse with foreign Powers,
will be presented to your attention by the expiration of
the law for that purpose, which takes place, if not
renewed, at the close of the present session.

In execution of the authority given by the Legislature,
measures have been taken for engaging some artists from
abroad to aid in the establishment of our Mint: others have
been employed at home. Provision has been made for the
requisite buildings, and these are now putting into proper
condition for the purposes of the establishment. There has
also been a small beginning in the coinage of half-dimes;
the want of small coins in circulation calling the first
attention to them.

The regulation of foreign coins, in correspondency with the
principles of our national coinage, as being essential to
their due operation, and in order to our money concerns,
will, I doubt not, be resumed and completed.

It is represented that some provisions in the law which
establishes the Post Office, operate, in experiment,
against the transmission of newspapers to distant parts of
the country. Should this, upon due inquiry, be found to be
the fact, a full conviction of the importance of
facilitating the circulation of political intelligence and
information will, I doubt not, lead to the application of a
remedy.

The adoption of a constitution for the State of Kentucky
has been notified to me. The Legislature will share with me
in the satisfaction which arises from an event interesting
to the happiness of the part of the nation to which it
relates, and conducive to the general order.

It is proper likewise to inform you, that, since my last
communication on the subject, and in further execution of
the acts severally making provision for the Public Debt,
and for the reduction thereof, three new loans have been
effected, each for three millions of florins; one at
Antwerp, at the annual interest of four and one-half per
cent., with an allowance of four per cent., in lieu of all
charges; and the other two at Amsterdam, at the annual
interest of four per cent., with an allowance of five and
one-half per cent. in one case, and of five per cent. in
the other, in lieu of all charges. The rates of these
loans, and the circumstances under which they have been
made, are confirmations of the high state of our credit
abroad.

Among the objects to which these funds have been directed
to be applied, the payment of the debts due to certain
foreign officers, according to the provision made during
the last session, has been embraced.

_Gentlemen of the House of Representatives:_

I entertain a strong hope that the state of our national
finances is now sufficiently matured to enable you to enter
upon a systematic and effectual arrangement for the regular
redemption and discharge of the Public Debt, according to
the right which has been reserved to the Government; no
measure can be more desirable, whether viewed with an eye
to its intrinsic importance, or to the general sentiment
and wish of the nation.

Provision is likewise requisite for the reimbursement of
the loan which has been made of the Bank of the United
States, pursuant to the eleventh section of the act by
which it is incorporated; in fulfilling the public
stipulations in this particular, it is expected a valuable
saving will be made.

Appropriations for the current service of the ensuing year,
and for such extraordinaries as may require provision, will
demand, and I doubt not will engage, your early attention.

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

I content myself with recalling your attention, generally,
to such objects, not particularized in my present, as have
been suggested in my former communications to you.

Various temporary laws will expire during the present
session. Among these, that which regulates trade and
intercourse with the Indian tribes will merit particular
attention.

The results of your common deliberations hitherto, will, I
trust, be productive of solid and durable advantages to our
constituents; such as, by conciliating more and more their
ultimate suffrage, will tend to strengthen and confirm
their attachment to that constitution of Government upon
which, under Divine Providence, materially depend their
Union, their safety, and their happiness.

Still further to promote and secure these inestimable ends,
there is nothing which can have a more powerful tendency,
than the careful cultivation of harmony, combined with a
due regard to stability in the public councils.

G. WASHINGTON.

UNITED STATES, _November 6, 1792._

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

_Ordered_, That Messrs. STRONG, KING, and RUTHERFORD, be a committee to prepare and report the draft of an Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech this day, to both Houses of Congress convened in the Senate Chamber.

_Ordered_, That the Speech of the PRESIDENT OF THE UNITED STATES, delivered this day, be printed for the use of the Senate.

THURSDAY, November 8.

JOHN HENRY, from the State of Maryland, attended, and took his seat.

Agreeably to the order of the day, the Senate took into consideration the Address reported by the committee to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress; which, being recommitted and amendments reported, was agreed to, as amended.

_Ordered_, That the same committee wait on the PRESIDENT OF THE UNITED STATES, and desire him to acquaint the Senate at what time and place it will be most convenient for him that it should be presented.

Mr. STRONG, from the above-mentioned committee, reported that the PRESIDENT OF THE UNITED STATES proposed to receive the Address of the Senate at 11 o'clock to-morrow.

FRIDAY, November 9.

The Senate waited on the PRESIDENT OF THE UNITED STATES at his own house, and the PRESIDENT _pro tempore_, in their name, communicated to him the Address agreed to on the 8th instant, which is as follows:

_To the President of the United States:_

Accept, sir, our grateful acknowledgments for your Address
at the opening of the present session. We participate with
you in the satisfaction arising from the continuance of the
general prosperity of the nation, but it is not without the
most sincere concern that we are informed that the
reiterated efforts which have been made to establish peace
with the hostile Indians, have hitherto failed to
accomplish that desired object. Hoping that the measures
still depending may prove more successful than those which
have preceded them, we shall nevertheless concur in every
necessary preparation for the alternative; and, should the
Indians on either side of the Ohio persist in their
hostilities, fidelity to the Union, as well as affection to
our fellow-citizens on the frontiers, will ensure our
decided co-operation in every measure which shall be deemed
requisite for their protection and safety.

At the same time that we avow the obligation of the
Government to afford its protection to every part of the
Union, we cannot refrain from expressing our regret that
even a small portion of our fellow-citizens in any quarter
of it should have combined to oppose the operation of the
law for the collection of duties on spirits distilled
within the United States: a law repeatedly sanctioned by
the authority of the nation, and, at this juncture,
materially connected with the safety and protection of
those who oppose it. Should the means already adopted fail
in securing obedience to this law, such further measures as
may be thought necessary to carry the same into complete
operation cannot fail to receive the approbation of the
Legislature, and the support of every patriotic citizen.

It yields us particular pleasure to learn, that the
productiveness of the revenue of the present year will
probably supersede the necessity of any additional tax for
the service of the next.

The organization of the government of the State of Kentucky
being an event peculiarly interesting to a part of our
fellow-citizens, and conducive to the general order,
affords us particular satisfaction.

We are happy to learn that the high state of our credit
abroad has been evinced by the terms on which the new loans
have been negotiated.

In the course of the session we shall proceed to take into
consideration the several objects which you have been
pleased to recommend to our attention; and, keeping in view
the importance of union and stability in the public
councils, we shall labor to render our decisions conducive
to the safety and happiness of our country.

We repeat with pleasure our assurances of confidence in
your Administration, and our ardent wish that your unabated
zeal for the public good may be rewarded by the durable
prosperity of the nation, and every ingredient of personal
happiness.

JOHN LANGDON,

_President pro tempore._

To this Address, the PRESIDENT OF THE UNITED STATES was pleased to make the following reply:

I derive much pleasure, gentlemen, from your very
satisfactory Address. The renewed assurances of your
confidence in my Administration, and the expression of your
wish for my personal happiness, claim and receive my
particular acknowledgments. In my future endeavor for the
public welfare, to which my duty may call me, I shall not
cease to count upon the firm, enlightened, and patriotic
support of the Senate.

G. WASHINGTON.

The Senate returned to their Chamber.