Chapter XLIII: Introduction (42)
MONDAY, November 12.
SAMUEL JOHNSTON, from the State of North Carolina, and JOSEPH STANTON, from the State of Rhode Island, attended.
WEDNESDAY, November 14.
The petition of William Dunbar, executor of the last will and testament of George Galphin, deceased, late a Commissioner of Indian affairs, was presented and read, praying in behalf of the children of the said George Galphin, that the compensation allowed to the other Commissioners of Indian affairs may be extended to them, the legal representatives of their late father.
On motion that this petition be referred to a committee, it passed in the negative.
FRIDAY, November 23.
RICHARD BASSETT, from the State of Delaware, attended and took his seat.
THURSDAY, January 3, 1793.
A motion was made and seconded that the Senate adopt the following resolutions, to wit:
"_Resolved_, That the Senate of the United States are
individually responsible for their conduct to their
constituents, who are entitled to such information as will
enable them to form a just estimate thereof.
"_Resolved_, That the journals are too voluminous and
expensive to circulate generally; and, if it were
otherwise, that the information they contain, as to the
principles, motives, and designs of individual members, is
inadequate.
"_Resolved_, That this information, defective as it is,
becomes more nugatory and delusive, in proportion as the
occasion for it increases, since the Senate make their own
Journals.
"_Resolved_, That the conducting of the Legislative and
Judicial powers of the Senate in public, and suffering an
account of their measures and deliberations to be published
in the newspapers, is the best means of diffusing general
information concerning the principles, motives, and conduct
of individual members; and that, by withholding this
information, responsibility becomes unavailing, the
influence of their constituents over one branch of the
Legislature, in a great measure, annihilated, and the best
security which experience has devised against the abuse of
power and a maladministration abandoned.
"_Resolved_, _therefore_, That it be a standing rule that
the doors of the Senate Chamber remain open whilst the
Senate shall be sitting in a Legislative and Judicative
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.
"_Resolved_, That the Secretary of the Senate request the
Commissioners of the city and county of Philadelphia to
cause a proper gallery to be erected for the accommodation
of an audience."
On motion that the resolves now proposed be printed for the use of the Senate, it passed in the negative.
_Ordered_, That they lie on the table, and that the consideration thereof be the order of the day for the first Monday in February next.
FRIDAY, January 4.
The Senate resumed the second reading of the bill respecting fugitives from justice, and persons escaping from the service of their masters, and the report of the committee thereon; and, after debate, the consideration thereof was further postponed.
FRIDAY, January 18.
The bill respecting fugitives from justice and persons escaping from the service of their masters, was read the third time, and being further amended, on a motion to strike out "five hundred dollars," for the purpose of inserting a less sum in section 4th, the penalty on "any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, in so seizing or arresting such fugitive from labor, or shall rescue such fugitive from such claimant, his agent, or attorney, when so arrested, pursuant to the authority herein given or declared, or shall harbor or conceal such person, after notice that he or she was a fugitive from labor as aforesaid;" it passed in the negative.
_Resolved_, that this bill pass, that it be engrossed, and that the title thereof be, "An act respecting fugitives from justice, and persons escaping from the service of their masters."
MONDAY, February 4.
RICHARD POTTS, from the State of Maryland, appointed in place of CHARLES CARROLL, resigned, produced his credentials, and took his seat.
Agreeably to the order of the day, the Senate proceeded to consider the motion made the 3d of January, 1793, "That the doors of the Senate Chamber remain open whilst the Senate shall be sitting in their Legislative and Judicative capacity."
On motion for the previous question, to wit: Shall the question be now put on the following preliminary resolutions?
"_Resolved_, That the Senate of the States are,
individually, responsible for their conduct to their
constituents, who are entitled to such information as will
enable them to form a just estimate thereof:
"_Resolved_, That the journals are too voluminous and
expensive to circulate generally; and, if it were
otherwise, that the information they contain, as to the
principles, motives, and designs, of individual members, is
inadequate:
"_Resolved_, That this information, defective as it is,
becomes more nugatory and delusive, in proportion as the
occasion for it increases, since the Senate make their own
journals:
"_Resolved_, That the conducting of the Legislative and
Judicial powers of the Senate in public, and suffering an
account of their measures and deliberations to be published
in the newspapers, is the best means of diffusing general
information concerning the principles, motives, and
conduct, of individual members: and that, by withholding
this information, responsibility becomes unavailing, the
influence of their constituents over one branch of the
Legislature in a great measure annihilated, and the best
security which experience has devised against the abuse of
power and a maladministration abandoned:"
It passed in the negative--yeas 7, nays 21, as follows:
YEAS.--Messrs. Burr, Butler, Edwards, Gunn, Monroe, Potts,
and Taylor.
NAYS.--Messrs. Bassett, Bradley, Brown, Cabot, Dickinson,
Ellsworth, Foster, Hawkins, Henry, Johnston, Izard, King,
Langdon, Morris, Read, Robinson, Rutherford, Stanton,
Sherman, Strong, and Wingate.
And on motion to agree to the main question, to wit:
"that the doors of the Senate Chamber remain open whilst
the Senate shall be sitting in a Legislative and Judicative
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."
It passed in the negative--yeas 10, nays 18, as follows:
YEAS.--Messrs. Brown, Burr, Butler, Edwards, Gunn, Hawkins,
King, Monroe, Potts, and Taylor.
NAYS.--Messrs. Bassett, Bradley, Cabot, Dickinson,
Ellsworth, Foster, Henry, Johnston, Izard, Langdon, Morris,
Read, Robinson, Rutherford, Sherman, Stanton, Strong, and
Wingate.
On the question to agree to the last resolution moved for on this subject, it passed in the negative.
TUESDAY, February 5.
A message from the House of Representatives informed the Senate, that the House of Representatives have resolved, that a committee be appointed to join such committee as may be appointed by the Senate to ascertain and report a mode of examining the votes for PRESIDENT and VICE PRESIDENT, and of notifying the persons who shall be elected of their election; and for regulating the time, place, and manner, of administering the oath of office to the PRESIDENT; and have appointed a committee on their part.
This resolution of the House was read.
_Ordered_, That the consideration thereof be postponed until to-morrow.
The Senate proceeded to consider the amendment of the House of Representatives to the bill sent from the Senate for concurrence, entitled, "An act respecting fugitives from justice, and persons escaping from the service of their masters," and agreed to the amendment, to wit: To strike out the word "deemed," in section first.
_Ordered_, That the Secretary acquaint the House of Representatives therewith.
WEDNESDAY, February 6.
The Senate proceeded to consider the resolution of the House of Representatives, that a committee be appointed, to join such committee as may be appointed by the Senate, to ascertain and report a mode of examining the votes for PRESIDENT and VICE PRESIDENT, and of notifying the persons who shall be elected of their election, and for regulating the time, place and manner of administering the oath of office to the PRESIDENT.
_Resolved_, That the Senate concur in this resolution, and that Messrs. KING, IZARD, and STRONG be the committee on the part of the Senate.
MONDAY, February 11.
Mr. KING, from the joint committee, appointed the 6th February, instant, reported that the two Houses should assemble in the Senate Chamber on Wednesday next, at twelve o'clock; that one person be appointed a teller, on the part of the Senate, to make a list of the votes as they shall be declared; that the result shall be delivered to the PRESIDENT of the Senate, who shall announce the state of the vote, and the persons elected, to the two Houses assembled as aforesaid; which shall be deemed a declaration of the persons elected PRESIDENT and VICE PRESIDENT, and, together with a list of the votes, be entered on the journals of the two Houses, and the report was agreed to.
TUESDAY, February 12.
A message from the House of Representatives informed the Senate, that the House of Representatives agree to the report of the joint committee appointed the 6th of February, instant, respecting the manner of counting the votes for PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.
_Ordered_, That Mr. KING be appointed, on the part of the Senate, a teller of the votes for PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES, conformably to the report of the joint committee, agreed to the 11th instant.
WEDNESDAY, February 13.
_Ordered_, That the Secretary notify the House of Representatives that the Senate are ready to meet them in the Senate Chamber, to attend the opening and counting the vote for PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES, as the constitution provides.
The two Houses having accordingly assembled, the certificates of the Electors of the fifteen States in the Union, which came by express, were, by the VICE PRESIDENT, opened, read, and delivered to the tellers appointed for the purpose, who, having examined and ascertained the votes, presented a list of them to the VICE PRESIDENT; which list was read to the two Houses, and is as follows:
FOR GEORGE WASHINGTON.
New Hampshire, 6 Massachusetts, 16 Rhode Island, 4 Connecticut, 9 Vermont, 3 New York, 12 New Jersey, 7 Pennsylvania, 15 Delaware, 3 Maryland, 8 Virginia, 21 Kentucky, 4 North Carolina, 12 South Carolina, 8 Georgia, 4 --- 132
FOR JOHN ADAMS.
New Hampshire, 6 Massachusetts, 16 Rhode Island, 4 Connecticut, 9 Vermont, 3 New Jersey, 7 Pennsylvania, 14 Delaware, 3 Maryland, 8 South Carolina, 7 -- 77 FOR GEORGE CLINTON.
New York, 12 Pennsylvania, 1 Virginia, 21 North Carolina, 12 Georgia, 4 -- 50
FOR THOMAS JEFFERSON.
Kentucky, 4
FOR AARON BURR.
South Carolina, 1
Whereupon the VICE PRESIDENT declared GEORGE WASHINGTON unanimously elected PRESIDENT of the UNITED STATES, for the period of four years, to commence with the fourth day of March next; and JOHN ADAMS elected by a plurality of votes, VICE PRESIDENT of the UNITED STATES, for the same period, to commence with the 4th day of March next.
After which, the VICE PRESIDENT delivered the duplicate certificates of the Electors of the several States, received by post, together with those which came by express to the Secretary of the Senate.
The two Houses then separated, and the Senate adjourned.
THURSDAY, February 14.
Mr. KING, from the committee appointed the 6th instant, to join the committee on the part of the House of Representatives, to report a mode of notifying the person who should be elected PRESIDENT OF THE UNITED STATES of his election, submitted the following resolve:
_Resolved_, That a committee be appointed to join such committee as shall be appointed by the House of Representatives, to wait on the PRESIDENT and notify him of his unanimous re-election to the office of PRESIDENT OF THE UNITED STATES.
And the report was adopted. _Ordered_, That Messrs. KING, 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 adopted the report of the joint committee, appointed the 6th instant, to ascertain and report a mode of examining the votes for _President_ and VICE PRESIDENT OF THE UNITED STATES, and for other purposes; and have appointed a joint committee on their part to wait on the PRESIDENT, and notify him of his unanimous re-election to the office of PRESIDENT OF THE UNITED STATES.
FRIDAY, February 15.
Mr. KING, from the joint committee appointed for that purpose, reported:
"That pursuant to the resolutions of the 14th instant, the joint committee of the Senate and House of Representatives have this day waited on the PRESIDENT, and notified him of his unanimous re-election to the office of PRESIDENT OF THE UNITED STATES."
MONDAY, February 18.
On motion to adopt the following resolution, to wit:
_Resolved_, That the Secretary of the Treasury be
instructed to revise the account of the pension granted by
Congress for the education and board of Hugh Mercer, son of
the late General Mercer, from its date to the present
period, and correct any error that may have taken place
therein, paying all arrearages, if any now due; and that he
likewise pay hereafter without account, annually, and until
his education shall be completed, for that purpose, to the
guardian of the said Hugh, the sum of four hundred dollars.
It was agreed to postpone the consideration of this motion until to-morrow.
THURSDAY, February 28.
The VICE PRESIDENT laid before the Senate a certificate, purporting that the Legislature of the Commonwealth of Pennsylvania have this day chosen ALBERT GALLATIN a Senator of the United States.
FRIDAY, March 1.
The PRESIDENT laid before the Senate a Letter from the Secretary of the Department of State, enclosing a triplicate certificate of the votes of the Electors of the State of Kentucky for PRESIDENT and VICE PRESIDENT OF THE UNITED STATES, obtained by express, sent from the seat of Government, as the law provides.
SATURDAY, March 2.
Mr. KING, from the committee appointed this day on the communication of the PRESIDENT OF THE UNITED STATES, relative to his taking the oath of office, reported that the Secretary inform the House of Representatives that the PRESIDENT OF THE UNITED STATES will, on Monday next, take the oath of office required by the constitution, in the Senate Chamber, at twelve o'clock; and that he inform the PRESIDENT OF THE UNITED STATES that the Senate will be in session at that time. And the report was adopted.
SPECIAL SESSION.
MONDAY, March 4.
In conformity to the summons from the PRESIDENT OF THE UNITED STATES, the Senate assembled in the Senate Chamber.
The Hon. JOHN LANGDON, President _pro tempore_, read the summons of the PRESIDENT OF THE UNITED STATES, as follows:
_The President of the United States to the President of the
Senate:_
Certain matters, touching the public good, requiring that
the Senate shall be convened on Monday the 4th instant, I
have desired their attendance, as I do yours, by these
presents, at the Senate Chamber, in Philadelphia, on that
day; then and there to receive and deliberate on such
communications as shall be made to you on my part.
G. WASHINGTON.
_March 1, 1793._
The following Senators were present:
JOHN LANGDON, from New Hampshire. GEORGE CABOT, from Massachusetts. THEODORE FOSTER, from Rhode Island. OLIVER ELLSWORTH and ROGER SHERMAN, from Connecticut. RUFUS KING, from New York. JOHN RUTHERFORD, from New Jersey. ROBERT MORRIS, from Pennsylvania. GEORGE READ, from Delaware. JOHN HENRY and RICHARD POTTS, from Maryland. JAMES MONROE, from Virginia. JOHN BROWN and JOHN EDWARDS, from Kentucky. BENJAMIN HAWKINS, from North Carolina. RALPH IZARD, from South Carolina. JAMES GUNN, from Georgia.
SAMUEL LIVERMORE, from the State of New Hampshire, produced his credentials, and took his seat in the Senate; and the oath was administered to him by the PRESIDENT of the Senate, as the law provides.
Agreeably to notice given by the PRESIDENT OF THE UNITED STATES, on the 2d instant, he came to the Senate Chamber and took his seat in the chair usually assigned the PRESIDENT of the Senate, who, on this occasion, was seated at the right, and in advance of the PRESIDENT OF THE UNITED STATES; a seat on the left, and also in advance, being provided for Judge Cushing, appointed to administer the oath: the doors of the Senate Chamber being open, the Heads of the Departments, Foreign Ministers, the late Speaker, and such members of the late House of Representatives as were in town, together with as many other spectators as could be accommodated, were present.
After a short pause, the PRESIDENT of the Senate arose, and addressed the PRESIDENT OF THE UNITED STATES, as follows:
"SIR: One of the Judges of the Supreme Court of the United
States is now present, and ready to administer to you the
oath required by the constitution to be taken by the
PRESIDENT OF THE UNITED STATES."
On which the PRESIDENT OF THE UNITED STATES, rising from his seat, was pleased to address the audience as follows:
"FELLOW-CITIZENS: I am again called upon, by the voice of
my country, to execute the functions of its Chief
Magistrate. When the occasion proper for it shall arrive, I
shall endeavor to express the high sense I entertain of
this distinguished honor, and of the confidence which has
been reposed in me by the people of United America.
"Previous to the execution of any official act of the
PRESIDENT, the constitution requires an oath of office.
This oath I am now about to take, and in your presence;
that, if it shall be found, during my administration of the
Government, I have, in any instance, violated, willingly or
knowingly, the injunction thereof, I may (besides incurring
constitutional punishment) be subject to the upbraidings of
all who are now witnesses of the present solemn ceremony."
Judge CUSHING then administered the oath of office required by the constitution; after which, the PRESIDENT OF THE UNITED STATES retired, and the spectators dispersed.
After acting upon several nominations received from the PRESIDENT, the Senate adjourned _sine die_.
SECOND CONGRESS.--SECOND SESSION.
PROCEEDINGS AND DEBATES IN THE HOUSE OF REPRESENTATIVES.
MONDAY, November 5, 1792.
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, SHEARJASHUR BOURNE, ELBRIDGE GERRY, BENJAMIN GOODHUE, GEORGE THATCHER, and ARTEMAS WARD.
_From Rhode Island_, GEORGE LEONARD, BENJAMIN BOURNE.
_From Connecticut_, AMASA LEARNED, JONATHAN STURGES, and JONATHAN TRUMBULL, (Speaker.)
_From Vermont_, NATHANIEL NILES and ISRAEL SMITH.
_From New York_, EGBERT BENSON, JOHN LAURANCE, and THOMAS TREDWELL.
_From New Jersey_, ELIAS BOUDINOT, ABRAHAM CLARK, and JONATHAN DAYTON.
_From Pennsylvania_, THOMAS FITZSIMONS and FREDERICK AUGUSTUS MUHLENBERG.
_From Maryland_, PHILIP KEY and WILLIAM VANS MURRAY.
_From Virginia_, WILLIAM B. GILES, JAMES MADISON, ANDREW MOORE, JOSIAH PARKER, ABRAHAM VENABLE, and ALEXANDER WHITE.
_From North Carolina_, NATHANIEL MACON, JOHN STEELE, and HUGH WILLIAMSON.
_From South Carolina_, WILLIAM SMITH, THOMAS SUMTER, and THOMAS TUDOR TUCKER.
_From Georgia_, ABRAHAM BALDWIN and FRANCIS WILLIS.
A quorum of members being present, a message was sent to the Senate to inform that body thereof. And a similar message was received by the House from the Senate; and that JOHN LANGDON had been chosen their President _pro tempore_.
A joint committee were then appointed to wait on the PRESIDENT OF THE UNITED STATES, to inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may think proper to make them.
_Resolved_, That two Chaplains, of different denominations, be appointed to Congress, one by each House, to interchange weekly.
The House then proceeded to appoint a Chaplain on their part, when a majority of votes appeared in favor of the Reverend ASHBEL GREEN.
The SPEAKER laid before the House a letter from the Governor of Georgia, enclosing a proclamation and return of the election of JOHN MILLEDGE, to serve as one of the members of this House for the said State, in the room of ANTHONY WAYNE, whose seat was declared vacant; which was read and ordered to lie on the table.
Mr. BOUDINOT, from the joint committee appointed 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 be pleased to make to them, reported that the committee had performed that service, and that the PRESIDENT was pleased to say, that he would make a communication to both Houses of Congress to-morrow, at twelve o'clock in the Senate Chamber.
TUESDAY, November 6.
Several other members, viz: from New York, JAMES GORDON; from Pennsylvania, JOHN WILKES KITTERA; and from Virginia, SAMUEL GRIFFIN and JOHN PAGE, appeared, and took their seats in the House.
A message from the Senate informed the House that the Senate are now ready, in the Senate Chamber, to attend this House in receiving the communication from the PRESIDENT OF THE UNITED STATES, agreeably to his notification to both Houses yesterday.
The SPEAKER, attended by the members of this House, then withdrew to the Senate Chamber for the purpose expressed in the message from the Senate; and, being returned, the SPEAKER laid before the House a copy of the Speech delivered by the PRESIDENT OF THE UNITED STATES to both Houses of Congress, in the Senate Chamber. [A copy of the Speech appears in the proceedings of the Senate.]
_Ordered_, That the said Speech be committed to the consideration of a Committee of the whole House to-morrow.
WEDNESDAY, November 7.
_Defeat of General St. Clair._
_Ordered_, That the report of the committee appointed to inquire into the causes of the failure of the late expedition under Major General St. Clair, which was made on the 8th day of May last, be referred to the consideration of a Committee of the whole House on Wednesday next.
_Answer to the President._
The order of the day being called for, (Mr. LAURANCE in the chair,) the Speech of the PRESIDENT, delivered yesterday to Congress, was taken up; and, on motion of Mr. SMITH, of South Carolina, the following resolve was agreed to: "That a committee be appointed to prepare and report a respectful Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech delivered to both Houses of Congress at the opening of the present session; with assurances, that they would take into consideration the important matters therein contained." An amendment was now moved, to strike out the word "important;" but it was negatived, as being a word of too much importance to be neglected. The resolution was carried, in substance, as above, and the committee rose and reported it. The House immediately agreed, and a committee of three--Messrs. MADISON, BENSON, and MURRAY--were appointed by the SPEAKER to prepare the answer in conformity with the said resolve.
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 copies of certain papers relative to the
Spanish interference in the execution of the treaty entered
into in the year 1790, between the United States, and the
Creek nation of Indians, together with a letter from the
Secretary of State to the President of the United States,
on the same subject.
G. WASHINGTON.
UNITED STATES, November 7, 1792.
The papers accompanying the said message were read and ordered to lie on the table.
The SPEAKER laid before the House two letters from Thomas Barclay, Consul of the United States at the Court of Morocco, one dated the 28th of May, the other the 17th of July, 1792, enclosing petitions from Richard O'Brien, in behalf of himself and other citizens of the United States, now in captivity at Algiers, stating the peculiar hardships they have undergone during the time they have been kept in slavery, and praying that Congress will consider their distressed situation, and take such measures for their releasement as to their wisdom shall seem meet.
_Ordered_, That the said letters and petitions be referred to the Secretary of State, for information.
THURSDAY, November 8.
Several other members, to wit: from Connecticut, JAMES HILLHOUSE; from Pennsylvania, WILLIAM FINDLAY and ISRAEL JACOBS; and from Kentucky, ALEXANDER D. ORR, appeared, and took their seats in the House.
SATURDAY, November 10.
Two other members, to wit: PETER SYLVESTER, from New York, and THOMAS HARTLEY, from Pennsylvania, appeared, and took their seats in the House.
_Address to the President._
The House resolved itself into a Committee of the whole House on the Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress; and, after some time spent therein, the SPEAKER resumed the chair, and Mr. LAURANCE reported that the committee had had the said Address under consideration, and made several amendments thereto; which were severally twice read, and agreed to by the House.
And then the said Address, as amended, being again read, was, on the question put thereon, agreed to by the House, as follows:
"SIR: The House of Representatives, who always feel a
satisfaction in meeting you, are much concerned that the
occasion for mutual felicitation afforded by the
circumstances favorable to the national prosperity should
be abated by a continuance of the hostile spirit of many of
the Indian tribes, and, particularly, that the reiterated
efforts for effecting a general pacification with them
should have issued in new proofs of their persevering
enmity, and the barbarous sacrifice of citizens, who, as
the messengers of peace, were distinguishing themselves by
their zeal for the public service. In our deliberations on
this important department of our affairs, we shall be
disposed to pursue every measure that may be dictated by
the sincerest desire, on one hand, of cultivating peace,
and manifesting, by every practicable regulation, our
benevolent regard for the welfare of those misguided
people; and by the duty we feel, on the other, to provide
effectually for the safety and protection of our
fellow-citizens.
"While with regret we learn that symptoms of opposition to
the law imposing duties on spirits distilled within the
United States, have manifested themselves, we reflect with
consolation, that they are confined to a small portion of
our fellow-citizens. It is not more essential to the
preservation of true liberty, that a Government should be
always ready to listen to the representations of its
constituents, and to accommodate its measures to the
sentiments and wishes of every part of them, as far as will
consist with the good of the whole, than it is, that the
just authority of the laws should be steadfastly
maintained. Under this impression, every department of the
Government, and all good citizens must approve the measures
you have taken, and the purpose you have formed, to
execute this part of your trust with firmness and energy;
and be assured, sir, of every constitutional aid and
co-operation, which may become requisite on our part. And
we hope that, while the progress of contentment under the
law in question, is as obvious as it is rational, no
particular part of the community may be permitted to
withdraw from the general burdens of the country, by a
conduct as irreconcilable to national justice, as it is
inconsistent with public decency.
"The productive state of the public revenue, and the
confirmation of the credit of the United States abroad,
evinced by the loans at Antwerp and Amsterdam, are
communications the more gratifying, as they enforce the
obligation to enter on systematic and effectual
arrangements for discharging the public debt, as fast as
the conditions of it will permit; and we take pleasure in
the opportunity to assure you of our entire concurrence in
the opinion, that no measure can be more desirable, whether
viewed with an eye to the urgent wish of the community, or
the intrinsic importance of promoting so happy a change in
our situation.
"The adoption of a constitution for the State of Kentucky,
is an event on which we join in all the satisfaction you
have expressed. It may be considered as particularly
interesting, since, besides the immediate benefits
resulting from it, it is another auspicious demonstration
of the facility and success with which an enlightened
people is capable of providing, by free and deliberate
plans of government, for their own safety and happiness.
"The operation of the law establishing the Post Office, as
it relates to the transmission of newspapers, will merit
our particular inquiry and attention, the circulation of
political intelligence through these vehicles being justly
reckoned among the surest means of preventing the
degeneracy of a free government, as well as of recommending
every salutary public measure to the confidence and
co-operation of all virtuous citizens.
"The several other matters which you have communicated and
recommended, will, in their order, receive the attention
due to them, and our discussions will, in all cases, we
trust, be guided by a proper respect for harmony and
stability in the public Councils, and a desire to
conciliate, more and more, the attachment of our
constituents to the constitution, by measures accommodated
to the true ends for which it was established."
_Resolved_, That the SPEAKER, attended by the House, do present the said Address, and that Mr. MADISON, Mr. BENSON, and Mr. MURRAY, be a committee to wait on the PRESIDENT, to know when and where it will be convenient for him to receive the same.
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 12 o'clock on Monday next, at his own house.
MONDAY, November 12.
Another member, to wit, JOHN BAPTIST ASHE, from North Carolina, appeared, and took his seat in the House.
_Address to the President._
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: It gives me pleasure to express to you the
satisfaction which your Address affords me. I feel, as I
ought, the approbation you manifest of the measures I have
taken, and the purpose I have formed, to maintain, pursuant
to the trust reposed in me by the constitution, the respect
which is due to the laws; and the assurance which you, at
the same time, give me, of every constitutional aid and
co-operation that may become requisite on your part.
"This is a new proof of that enlightened solicitude for the
establishment and confirmation of public order, which,
embracing a zealous regard for the principles of true
liberty, has guided the deliberations of the House of
Representatives; a perseverance in which can alone secure,
under the Divine blessing, the real and permanent felicity
of our common country.
"G. WASHINGTON."
The House having returned to their Chamber, resumed the reading of the papers communicated by the Secretary of War, on Wednesday last, relative to the Indians north-west and south of the river Ohio, and to the troops in the service of the United States, and made a farther progress therein.
TUESDAY, November 13.
Two other members, to wit: ROBERT BARNWELL and DANIEL HUGER, from South Carolina, appeared, and took their seats in the House.
_Defeat of General St. Clair._
On a motion made and seconded, that the House do come to the following resolution:
"_Resolved_, That the Secretary of the Treasury and the
Secretary of War be notified that this House intend, on
Wednesday next, to take into consideration the Report of
the committee appointed to inquire into the causes of the
failure of the late expedition under General St. Clair, to
the end that they may attend the House, and furnish such
information as may be conducive to the due investigation of
the matters stated in the said report:"
Mr. WILLIAMSON moved to strike out the latter part of the resolution, which respected the attendance of the Secretaries on the House. This motion, if carried, leaves the resolution a simple proposition to inform those officers that the House were, on Wednesday, to take the report on the failure of General St. Clair's expedition into consideration.
Mr. VENABLE objected generally to the resolution, as inconsistent with the dignity of the House. He doubted the propriety of the measure altogether. The gentlemen are not impeached, and therefore the House has no right to cite them to make their appearance; and, with respect to information, the House can command such from the Heads of Departments as they may see proper to require. He was at a loss in attempting to investigate the object of the resolution. He could see no purpose that it would answer, which could not as well be obtained without it.
Mr. WHITE offered several objections to the resolution, of a similar import with the above.
Mr. DAYTON supported the motion by a few remarks, stating the importance of that information which those gentlemen alone could give. He adverted to the report of the committee, which he observed had exculpated the commanding General on that expedition, whereas he was of opinion that the failure was owing to the misconduct of that gentleman.
Mr. TUCKER objected to the resolution. He preferred the mode of requiring that information which the House might think necessary, in writing.
Mr. MADISON objected to the motion on constitutional grounds, and as being contrary to the practice of the House. He had not, he said, thoroughly revolved the matter in his own mind, and therefore was not prepared to state fully the effects which would result from the adoption of the resolution; but he would hazard thus much, that it would form an innovation in the mode of conducting the business of this House, and introduce a precedent which would lead to perplexing and embarrassing consequences; as it involved a conclusion, in respect to the principles of the Government, which at an earlier day would have been revolted from. He was decidedly in favor of written information.
Mr. CLARK was opposed to the resolution; as a member of the committee who made the report, he had no apprehension; with respect to information, the report and the vouchers are before the House; and such further inquiry may be made of the proper officers as the House may think necessary.
Mr. AMES supported the resolution. He noticed the impressions which the failure of the late expedition had made on the public mind. Characters had suffered in the general estimation. It was of the utmost importance that a thorough investigation should take place, that if the failure of the expedition was a mere casualty, and the fortune of war, it might be made to appear; or if it was owing to misconduct, the blame might fall on the proper subjects. The mode suggested to obtain information appeared to him the best that could be adopted--the most adequate to the object. It was due to justice, to truth, and to the national honor, to take effectual measures to investigate the business thoroughly. This inquiry appears to be the beginning of an arrangement preparatory to an impeachment; on whom this will fall, he should not presume to say; but still it places the subject in an important point of view, and shows in the strongest manner the necessity of adopting the best possible mode of ascertaining the real state of facts. This, he conceived, could not be done so effectually as by the mode proposed in the resolution.
Mr. GILES objected to the resolution. He preferred a thorough discussion of the report, in the first place, and a comparison of the vouchers with the report; and if, in the issue, it should appear necessary to call for information from these officers, it could then be done; but, in the present state of the business, to adopt the resolution would place the committee in a very disagreeable situation.
Mr. LAURANCE observed that the committee, in their report, say that, for want of time, they had not been able to complete it; it is, then, apparent from the report itself that it is immature. He stated several particulars in the report which were incomplete, and from hence inferred that there was material information to be received previous to being able to form a competent judgment on the matter. He observed that, as the information must be had, he saw no necessity of postponing the attendance of those officers in the first instance.
Mr. MADISON, in reply to Mr. AMES's remark, that the best possible mode ought to be adopted, observed, that there seemed to be different ideas entertained by the different advocates of the resolution; one seemed to implicate the officers alluded to as parties concerned; another appeared to consider them merely as witnesses. For his part, he thought there was no other way of proceeding, but that of adopting one or the other of these alternatives: either to take up the report and discuss its merits, or for the House to begin the inquiry themselves, _de novo_.
Mr. LIVERMORE objected to the resolution. He could not see any advantage which would result from adopting it. He thought the causes of the failure of the expedition were sufficiently obvious, without criminating any body. He adverted to these causes--they were, the rawness of the troops, and the superiority of the Indians as marksmen. On these points he could not see what information could be derived from the Secretary of the Treasury. He thought that the Legislature had gone too far already, and that no satisfaction would result from further proceedings, but that the subject would appear more and more involved.
Mr. BOUDINOT, after stating sundry particulars relative to the state of the public mind at the time of the report, adverted to several parts of it which appear to criminate particular persons, some of whom were absent at the time of the investigation on which the report is founded. He therefore urged the necessity of receiving from the Heads of the Departments that information which was requisite to throw light on several parts of the report, and that this ought to be done previous to taking the report into consideration.
Mr. FITZSIMONS said he should vote against the resolution. He did not think this the proper time to call for the information alluded to; nor the mode proposed a proper one. Some remarks have been made on the report, though it is not before the House; to these he should not particularly reply, but would only observe, that no person had applied to the House for redress of any supposed injury received by the report. It has been said that the inquiry ought to have been a military one; but it was well known that it was impossible to institute such an inquiry by reason of the want of officers. He then gave a sketch of the mode of proceeding adopted by the committee in conducting the inquiry, to show that they had availed themselves of every means of information within their power.
Mr. WILLIAMSON said he had moved to strike out the latter part of the resolution, but he was equally opposed to the whole of it; and since he had heard the remarks of several gentlemen, on both sides of the House, he was clearly of opinion that the best way was to dispose of it altogether, and let the subject proceed in the course which it had already taken.
Mr. GILES observed, that he thought there was less delicacy observed on this occasion, in respect to the committee, than was usual in this House. With respect to the report, the vouchers on which every assertion is founded are before the House. As to the incompleteness of the report, it is an immaterial object; the few blanks it contains are occasioned by the want of time to examine the voluminous papers necessary to be examined, in order to ascertain some of the facts--facts not in themselves of the first importance. He observed, that he had not the smallest objection to the fullest investigation of the subject; he was in favor of all the information that could be possibly obtained; he objected not only to the mode now contended for, which he thought not only liable to all the objections which had been made, but to many others which might be offered.
Mr. DAYTON observed that he was one of those who were not satisfied with the report; he did not think the conclusion which exculpated the commanding officer could be supported by the report itself. He adverted to several facts stated in it, which showed that the commander must have been highly culpable; he instanced the slowness of his movements, the dilatoriness in constructing forts, and his being surprised by the enemy. He thought that the remarks which had fallen from gentlemen, on what he had said, were illiberal, as they had virtually impeached his candor, when he was not conscious of deviating from its dictates. It was not his intention to have touched on the merits of the report, but he had been impelled to do it from the turn the debate had taken.
Mr. GERRY was in favor of the resolution. He enlarged on the magnitude of the object of investigation, and insisted that it was the indispensable duty of the House thoroughly to probe the subject to the bottom, that if any persons have been to blame they may suffer, or if the event which has taken place, by which the national character has suffered, and so severe and unproductive an expense has been incurred, amounting probably to one million dollars, has been owing to circumstances which could not be avoided or controlled, the public may receive satisfaction as to the whole matter.
Mr. PAGE objected to the resolution, particularly to the precedent it would establish; but, at the same time, he was in favor of the fullest inquiry the subject was susceptible of. He said, the mode proposed would operate to clog the freedom of inquiry, and the freedom of debate.
Mr. AMES, adverting to the spirit of the report, pointed out the peculiar situation of the two Secretaries, and that they did not stand on the same ground with other persons who are not so intimately implicated in the matter. He alluded to the various objections which had been urged from precedent, from the fulness of the investigation which the subject had undergone in the hands of the committee, and from the remark by Mr. LIVERMORE, that sufficient had already been done. To this last objection he particularly replied, by saying that the public wanted further satisfaction, and that the House could not justify themselves to their constituents without a stricter and fuller investigation, that the whole of the facts might be laid before them.
Mr. MADISON said, the mode now proposed involved a dereliction of the only practicable mode of transacting public business; and that, however imperfect that mode might be, still he believed that it was the only one that had received the sanction of experience and utility. He therefore hoped that the resolution would be rejected, and the mode already adopted persevered in, and the necessary information called for in writing, from every person in anywise interested or competent to give it.
Mr. W. SMITH supported the resolution. He showed by the report itself, and from the reasoning used by gentlemen in opposition to the resolution, that the two Secretaries were implicated in the causes of the failure of the expedition; from hence, he inferred the justice and propriety of giving them an opportunity of exculpating themselves.
Mr. GERRY expressed surprise at the apprehension which some gentlemen appear to entertain of the measure of introducing the Heads of Departments into the House; for his part he had no such apprehensions. The Secretary will attend at the orders of the House merely to give such information as may be required, and not as members or ministers to influence and govern the determinations of the House.
Mr. VENABLE objected further to the resolution; he urged the impropriety of any of the Heads of Departments coming forward, and attempting in any way to influence the deliberations of the Legislature.
Mr. LAURANCE replied to Mr. VENABLE; he observed that the gentleman appeared to mistake the object of the resolution; it was not contemplated that either of the Secretaries should appear on the floor of the House to influence, in any degree, its decisions; they are to be called on merely for information.
Mr. MURRAY objected to the resolution. The report, he observed, is made to the House; if in the course of its discussion any further light or information should be deemed necessary, it may then be called for, and in that mode which shall appear most eligible; at present the question appears to be premature. Mr. MURRAY added several other remarks, and then the question being put, Mr. WILLIAMSON's motion for striking out was carried.
And then the main question being put, that the House do agree to the said resolution as amended, it passed in the negative.
_Resolved_, That the Committee of the whole House, to whom is referred the report of the committee appointed to inquire into the causes of the failure of the expedition under Major General St. Clair, be empowered to send for persons, papers, and records, for their information.
WEDNESDAY, November 14.
Another member, to wit, WILLIAM BARRY GROVE, from North Carolina, appeared and took his seat in the House.
The SPEAKER laid before the House a letter from the Secretary of War, together with a memorial of Samuel Hodgdon, late Quartermaster General to the Army, respectively praying that they may be heard, and permitted to give information and explanations as to the causes of the failure of the expedition under Major General St. Clair; which were read. The letter of the Secretary of War is as follows:
WAR DEPARTMENT, _November 14, 1792_.
SIR: After the close of the last session of Congress, I saw
with much concern the report to the committee appointed to
inquire into the causes of the failure of the expedition,
under Major General St. Clair, of the 8th of May, 1792;
which, having been presented to the House in the last
moments of the session, was ordered to be printed, and has
since circulated in the public newspapers throughout the
United States, containing suggestions, most of them founded
upon _ex parte_ investigation, which have been understood
in a sense very injurious to my reputation.
Learning that the present day was appointed for taking into
consideration the above-mentioned report, I have waited
with anxious expectation for some act of the House enabling
me to attend the progress of the examination upon which
they are about to enter, for the purpose of furnishing such
information and explanations as might conduce to a right
understanding of facts, in which I am so materially
implicated. The failure of a proposition, which I am
informed was made to the House with that view, has added to
my solicitude and regret.
Thus situated, I feel myself called upon to ask of the
justice of the House that some mode may be devised, by
which it will be put into my power to be present during the
course of the intended inquiry, as well to hear the
evidence on which the several allegations contained in the
report are founded, as to offer the information and
explanations to which I have alluded.
To this step I am impelled by a persuasion that an accurate
and satisfactory investigation cannot otherwise be had with
equal advantage, if at all. And my entire reliance upon the
equity and impartiality of the House, will not permit a
doubt to exist on my part that such an investigation will
be exclusively the object of their desire and pursuit.
I have the honor to be, sir, with the highest respect, your
most obedient humble servant,
H. KNOX.
_The_ SPEAKER _of the honorable the House of
Representatives of the U. S._
_Defeat of General St. Clair._
And then the order of the day, that the House do resolve itself into a Committee of the whole House on the report of the committee appointed to inquire into the causes of the failure of the expedition under Major General St. Clair, being taken up--
Mr. MADISON suggested that the most simple, most practicable and consistent plan would be, to recommit the report of the select committee, and refer the present applications[44] to the committee to whom the report shall be recommitted. He therefore moved that the Committee of the Whole should be discharged from considering the reports on the causes of the failure of the late expedition.
Mr. SMITH (S. C.) observed that several objections struck him in opposition to this motion. The House must at some period, said he, meet this case; if it is recommitted, there will be an impropriety in referring it to the same committee; if a new committee is appointed, they must begin the whole subject _de novo_; and, if their investigation should take up such a length of time as that of the former committee, the session will be expended, and at the close of it the business will recur on the House, and the same discussion will occur again that is now proposed. He hoped the House would therefore proceed in the consideration of the report, assign two or three days in the week for the purpose, and continue the investigation till the whole is finished.
Mr. GILES replied, that he had no doubt that the vouchers on which the committee had founded the report would appear sufficient to justify the decisions that they had made. He said that he did not suppose that the applicants would adduce any new information; one of them had been called on, he attended the committee, and he supposed that he had furnished all the information he was in possession of. He objected to a recommitment; as one of the committee, he was perfectly satisfied with the report; nor did he conceive there was any additional evidence to be produced, except it was of a recent date.
Mr. AMES said, he perceived such a disinclination to go into the subject as indicated a proper temper of mind in relation to the persons supposed to be in any ways interested in the ultimate decision of the House. He was opposed to a recommitment, as it would procrastinate instead of expediting the inquiry. He adverted to the report. Facts are stated; the public have been left to draw the inferences; the committee have not explicitly criminated any body; but they have determined, in several instances, who is not to blame. What is the situation of those who are implicated in the causes of the failure? Every citizen knows that, in consequence of the issue of the expedition, clamors against the War Department, in respect to Indian affairs, have rung through the Continent. Should public officers, who have been placed in situations of such importance, be silent, and submit calmly to such imputations, they would be unworthy of public confidence, unworthy to breathe the vital air. They now apply for an opportunity to be heard in their own vindication. Shall they be sent to a committee-room, and make their defence against the allegations brought forward to their disadvantage, which have been published to the world, in the hearing of perhaps ten or a dozen persons only? He hoped not--he thought justice to them and to the public required that they should be allowed to make their defence in the face of the world. Will not precluding them look like a wish to smother all further inquiry into the matter?
Mr. BALDWIN was in favor of recommitting; he said it was the most eligible mode, and was consonant to the practice of the House.
Mr. MADISON remarked that it had been said a disposition was discovered to smother inquiry. In reply he observed that, if he wished to prevent a thorough investigation, he should be in favor of the whole subject being undertaken by the House; because, he observed, that if a select committee of a few members took seven weeks to form an incomplete report, it must appear evident that so large a body as this House could never get through the matter. He further observed, that the same reason existed for referring the residue of the evidence to a select committee as induced the measure in the first instance.
Mr. FITZSIMONS said he was at first in favor of a recommitment, but on further consideration he was convinced the House would be able to get through the subject in a shorter time than a select committee. He added several other reasons which induced him to be in favor of the House proceeding with the report.
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)Chapter XLIII: Introduction (42)
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