Chapter XLIX: Introduction (48)

"_Resolved_, That the Secretary of the Treasury has been
guilty of an indecorum to this House, in undertaking to
judge of its motives in calling for information, which was
demandable of him, from the constitution of his office, and
in failing to give all the necessary information within his
knowledge relatively to the subjects of reference made to
him of the nineteenth of January, one thousand seven
hundred and ninety-two, and of the twenty-second of
November, one thousand seven hundred and ninety-two, during
the present session;"

Mr. WILLIAM SMITH said, that, after the vote which had just prevailed by so considerable a majority on the preceding resolutions, the committee could not, with any propriety, criminate the Secretary of the Treasury for failing to give the information alluded to, because by that vote it had been established that the Secretary had only acted under the authority of the PRESIDENT, and conformably to his instructions. If there had been any omission to communicate information to Congress, that omission was surely not chargeable to the Secretary. But it had been already clearly shown, by documents in the possession of the House, that the necessary information had been communicated. The Treasurer's accounts, which had been from time to time laid before the House, exhibited the amount of moneys proceeding from the sale of bills, and the Secretary's report of February, 1791, conveyed full information of the drawing. It was true, there was a sum of about $600,000, the proceeds of bills which, as had been remarked by a gentleman, (Mr. MADISON,) did not appear in the Treasurer's account, but this was owing to the sales of the bills by the bank not having been closed at the time the last quarterly account was rendered, and consequently that sum could not appear in the Treasurer's account.

[Mr. MADISON said, he had not meant to blame the Treasurer.]

Mr. SMITH proceeded. The gentleman, however, had attributed misconduct to the Secretary, for withholding information of the amount of moneys in the Treasury accruing from foreign loans, when directed by the House, January 19th, 1792, to report whether the existing revenues were adequate to face the additional expense of the Indian war. Mr. S. could not forbear expressing great surprise at this remark of the gentleman from Virginia, (Mr. MADISON,) when he recollected what had been just before said by the same gentleman in support of the former resolution. The gentleman, on that occasion, in his attempt to disprove the right of the Secretary, _ex officio_, to superintend the moneys derived from the foreign loans, had endeavored to establish a nice distinction between the ordinary internal revenues of the country, and the resources resulting from foreign loans. The law constituting the Treasury Department, he had said, gave the Secretary power only over the revenues, which embraced only the ordinary resources, whereas loans were distinct things, the management of which was specially intrusted by law to the Supreme Magistrate, and in relation to which the Secretary could exercise no authority whatever that was not derived from the PRESIDENT. The gentleman now argued that the Secretary was blameable in not giving information of the state of these extraordinary resources, which were not within his department, when only called upon to state the amount of the ordinary revenues, which were within his department. He left it to the gentleman to reconcile this contradiction, for certainly his doctrine was erroneous on the former occasion, or it must be so now. If the moneys obtained from foreign loans were to be deemed the revenues of the country, then they fell of course under the management of the Head of the Treasury Department, and it was wrong in the gentleman to impute misconduct to the Secretary for exercising a legal authority; if, on the contrary, those moneys were viewed as an extra resource, and not within the purview of the Secretary's functions, then it was wrong to censure him for not communicating the state of those moneys, when required only to report the ordinary revenues.

But though the Secretary would not have been censurable for omitting to give the information, the truth was, that the PRESIDENT's Speech of 8th December, 1790, the Secretary's Report of 25th February, and the act of the 3d of March, 1791, were conclusive proofs that the Legislature knew that the proceeds of the loans were in a train of being brought to the United States and the accounts of receipts and expenditures presented in the first week of the session, informed the House that a large sum had been drawn for, and the Treasurer's quarterly account contained further information on the subject, all which was prior to any call of the House for such information. Hence, Mr. S. deduced, that it was not a fact that the Secretary had failed to give the information, as stated in the resolution, and that had he even so failed, he would not have been censurable for a breach of an essential duty of his office. It had been said, by a member from Pennsylvania, (Mr. FINDLAY,) that the lateness of the information from the Secretary made it inconvenient to go into an inquiry of his official conduct so near the close of the session. To this, Mr. S. replied, that he did not expect such a remark from that quarter of the House. If the gentleman had not been prepared for the inquiry, or thought it an improper season to enter upon it, why did he second the motion for bringing forward the charges? If suspicion had so long existed against the integrity of the Secretary, why was not information called for at the beginning of the session? Why was the call delayed till the session was within a few weeks of its termination? It was admitted that the Secretary had obeyed the order of the House with wonderful alacrity and promptitude. It was indeed strange that the gentleman who brought forward the charges, should be the first to complain that there was not time for their consideration.

Mr. S. concluded by noticing the observation of Mr. MERCER and Mr. MADISON, that the opinion of the House on the preceding resolutions would not change the truth of facts, and that the public would ultimately decide whether the Secretary's conduct was criminal or not. This, said Mr. S., was like the conduct of a prosecutor, who, having chosen his jurisdiction, and being nonsuited, wished to appeal to another tribunal. Why were the resolutions brought before the House? Was it not to substantiate the truth of them by a vote? And had the prosecution succeeded, would the Secretary have had an appeal to the public? No, the resolutions would have been sent to the PRESIDENT, and the Secretary would have been removed, disgraced, and ruined for ever, without appeal.

The question was then taken, and it was resolved in the affirmative--yeas 34, nays 7, as follows:

YEAS.--Fisher Ames, Robert Barnwell, Egbert Benson, Elias
Boudinot, Shearjashub Bourne, Benjamin Bourne, Jonathan
Dayton, William Findlay, Thomas Fitzsimons, Elbridge Gerry,
Nicholas Gilman, Benjamin Goodhue, James Gordon, Thomas
Hartley, James Hillhouse, William Hindman, Aaron Kitchell,
John Laurance, Amasa Learned, George Leonard, Samuel
Livermore, Frederick Augustus Muhlenberg, Nathaniel Niles,
Josiah Parker, Theodore Sedgwick, Jeremiah Smith, William
Smith, John Steele, Samuel Sterrett, Jonathan Sturges,
George Thatcher, Thomas Tudor Tucker, Artemas Ward, and
Hugh Williamson.

NAYS.--John Baptist Ashe, Abraham Baldwin, William B.
Giles, William Barry Grove, Richard Bland Lee, Nathaniel
Macon, and James Madison.

SATURDAY EVENING, March 2.

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

_Resolved._ That Mr. BOUDINOT, Mr. SEDGWICK, and Mr. HINDMAN, be appointed a committee jointly, with a committee on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and inform him that Congress is ready to adjourn without day, unless he may have any farther communications to make to them.

A message from the Senate informed the House that the Senate have agreed to the resolution of this House for the appointment of a joint committee, to wait on the PRESIDENT OF THE UNITED STATES, and inform him of the intended recess of Congress, and have appointed a committee for that purpose, on their part.

On a motion made and seconded,

"That the thanks of the House of Representatives be presented to JONATHAN TRUMBULL, in testimony of their approbation of his conduct in the chair, and in the execution of the difficult and important trust reposed in him, as SPEAKER of the said House,"

It was resolved unanimously: Whereupon,

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

"GENTLEMEN: You have made me very happy by this testimony
of your approbation of my conduct in the chair. I feel, at
the same time, an additional pleasure in the opportunity of
rendering to you my sincere acknowledgments for the kind
candor and indulgence, as well as the constant aid and
support, which I have experienced in the performance of the
duty which you were pleased to assign me. Be assured,
gentlemen, I shall ever retain a grateful sense of your
goodness; and you will suffer me to add, that my best
wishes for your welfare and happiness, in public and
private life, will attend each member of this honorable
body."

Mr. BOUDINOT, from the joint committee appointed to wait on the PRESIDENT OF THE UNITED STATES, and inform him of the intended recess of Congress, reported that the committee had performed that duty, and that the PRESIDENT was pleased to say he had no farther communication to make during the present session: Whereupon,

Mr. SPEAKER adjourned the House _sine die_.

THIRD CONGRESS.--FIRST SESSION.

BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793.

LIST OF MEMBERS.

SENATORS.

_New Hampshire._--S. Livermore, John Langdon.

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

_Massachusetts._--George Cabot, Caleb Strong.

_Rhode Island._--William Bradford, Theodore Foster.

_Connecticut._--Oliver Ellsworth, S. M. Mitchell.

_New York._--Aaron Burr, John S. Hobart.

_New Jersey._--Philemon Dickinson, F. Frelinghuysen.

_Pennsylvania._--Albert Gallatin, Robert Morris, James Ross.

_Delaware._--John Vining, Kensey Johns.

_Maryland._--John Henry, Richard Potts.

_Virginia._--James Monroe, John Taylor, Stevens T. Mason.

_North Carolina._--Benjamin Hawkins, Alexander Martin.

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

_Georgia._--William Few, James Jackson.

_Kentucky._--John Browne, John Edwards.

REPRESENTATIVES.

_New Hampshire._--Nicholas Gilman, J. S. Sherburne, Jeremiah Smith, Paine Wingate.

_Vermont._--Nathaniel Niles, Israel Smith.

_Massachusetts._--Fisher Ames, S. Bourne, David Cobb, Peleg Coffin, Henry Dearborn, Samuel Dexter, Dwight Foster, Benjamin Goodhue, Samuel Holten, William Lyman, T. Sedgwick, George Thatcher, P. Wadsworth, Artemas Ward.

_Rhode Island._--Benjamin Bourne, Francis Malbone.

_Connecticut._--Joshua Coit, James Hillhouse, Amasa Learned, Zephaniah Swift, Uriah Tracy, J. Trumbull, Jeremiah Wadsworth.

_New York._--Theodorus Bailey, Ezekiel Gilbert, Henry Glenn, James Gordon, Silas Talbot, T. Tredwell, John E. Van Allen, Philip Van Cortlandt, Peter Van Gaasbeck, John Watts.

_New Jersey._--John Beatty, Elias Boudinot, Lambert Cadwalader, Jonathan Dayton, Aaron Kitchell.

_Pennsylvania._--James Armstrong, William Findlay, Thomas Fitzsimons, Andrew Gregg, Thomas Hartley, Daniel Heister, William Irvine, William Montgomery, Frederick A. Muhlenberg, Peter Muhlenberg, Thomas Scott, John Smilie, John Wilkes Kittera.

_Delaware._--Henry Latimer.

_Maryland._--Gabriel Christie, George Dent, Uriah Forrest, William Hindman, John F. Mercer, Samuel Smith, Thomas Sprigg, William Vans Murray.

_Virginia._--Thomas Claiborne, Isaac Coles, William B. Giles, Samuel Griffin, George Hancock, Carter B. Harrison, John Heath, Richard Bland Lee, Andrew Moore, Joseph Neville, Anthony New, John Nicholas, John Page, Francis Preston, Robert Rutherford, A. B. Venable, Francis Walker.

_North Carolina._--Thomas Blount, William J. Dawson, James Gillespie, William B. Grove, Matthew Locke, Nathaniel Macon, Joseph McDowell, Alexander Mebane, Benjamin Williams, Joseph Winston.

_South Carolina._--Lemuel Benton, Alexander Gillon, John Hunter, Andrew Pickens, William Smith, Richard Winn.

_Georgia._--A. Baldwin, Thomas P. Carnes.

_Kentucky._--Christopher Greenup, Alexander D. Orr.

_Tennessee._--James White.

PROCEEDINGS IN THE SENATE.

MONDAY, December 2, 1793.

This being the day fixed by the constitution for the annual meeting of Congress, the following members of the Senate appeared, produced their credentials, and took their seats.

JOHN ADAMS, Vice President of the United States and President of the Senate.

JOHN LANGDON and SAMUEL LIVERMORE, from New Hampshire.

GEORGE CABOT, from Massachusetts.

OLIVER ELLSWORTH, from Connecticut.

MOSES ROBINSON, from Vermont.

AARON BURR, from New York.

JOHN RUTHERFORD, from New Jersey.

ROBERT MORRIS and ALBERT GALLATIN, from Pennsylvania.

JAMES MONROE, from Virginia.

JOHN EDWARDS, from Kentucky.

BENJAMIN HAWKINS, from North Carolina.

RALPH IZARD, from South Carolina.

Mr. LANGDON, the President of the Senate _pro tempore_, administered the oath required by law to the VICE PRESIDENT OF THE UNITED STATES.

The Secretary read the credentials of the following Senators appointed for the terms respectively mentioned therein.

PIERCE BUTLER, from South Carolina.

ALEXANDER MARTIN, from North Carolina.

JOHN VINING, from Delaware.

The VICE PRESIDENT administered the oath required by law to Mr. BUTLER, Mr. GALLATIN, and Mr. MARTIN, respectively, and they took their seats.

STEPHEN MIX MITCHELL, appointed by the State of Connecticut a Senator for two years, in the place of ROGER SHERMAN, deceased, produced his credentials, which being read, the VICE PRESIDENT administered to him the oath required by law, and he took his seat.

The VICE PRESIDENT laid before the Senate the petition of Conrad Laub and others, relative to the appointment of Mr. GALLATIN, a Senator of the United States; which was read and ordered to lie on the table.

The VICE PRESIDENT also communicated a letter from GEORGE READ, of Delaware, resigning his seat in the Senate; which was read, and ordered to lie on the table.

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

_Ordered_, that Messrs. IZARD and LANGDON be a joint committee on the part of the Senate, together with such committee as the House of Representatives may appoint, on their part, 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 that he may be pleased to make to them.

A message from the House of Representatives informed the Senate that the House had elected FREDERICK A. MUHLENBERG their Speaker, and that they have concurred with the Senate in appointing a joint committee to wait on the PRESIDENT OF THE UNITED STATES.

Mr. IZARD, from the joint committee who had waited on the PRESIDENT, reported that the PRESIDENT would meet the two Houses to-morrow, at 12 o'clock, in the Senate Chamber.

TUESDAY, December 3.

The two Houses being assembled in the Senate Chamber, the PRESIDENT OF THE UNITED STATES entered, and addressed the two Houses of Congress as follows:

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

Since the commencement of the term for which I have been
again called into office, no fit occasion has arisen for
expressing to my fellow-citizens at large the deep and
respectful sense which I feel of the renewed testimony of
public approbation. While, on the one hand, it awakened my
gratitude for all those instances of affectionate
partiality with which I have been honored by my country, on
the other, it could not prevent an earnest wish for that
retirement from which no private consideration should ever
have torn me. But, influenced by the belief that my conduct
would be estimated according to its real motives, and that
the people, and the authorities derived from them, would
support exertions having nothing personal for their object,
I have obeyed the suffrage which commanded me to resume the
Executive power, and I humbly implore that Being on whose
will the fate of nations depends, to crown with success our
mutual endeavors for the general happiness.

As soon as the war in Europe had embraced those Powers with
whom the United States have the most extensive relations,
there was reason to apprehend that our intercourse with
them might be interrupted, and our disposition for peace
drawn into question by the suspicions too often entertained
by belligerent nations. It seemed, therefore, to be my duty
to admonish our citizens of the consequences of a
contraband trade, and of hostile acts to any of the
parties, and to obtain, by a declaration of the existing
legal state of things, an easier admission of our right to
the immunities belonging to our situation. Under these
impressions the Proclamation which will be laid before you
was issued.

In this posture of affairs, both new and delicate, I
resolved to adopt general rules, which should conform to
the treaties and assert the privileges of the United
States. These were reduced into a system, which will be
communicated to you. Although I have not thought myself at
liberty to forbid the sale of the prizes permitted by our
treaty of commerce with France to be brought into our
ports, I have not refused to cause them to be restored when
they were taken within the protection of our territory, or
by vessels commissioned or equipped in a warlike form
within the limits of the United States.

It rests with the wisdom of Congress to correct, improve,
or enforce this plan of procedure; and it will probably be
found expedient to extend the legal code and the
jurisdiction of the Courts of the United States to many
cases which, though dependent on principles already
recognized, demand some further provisions.

Where individuals shall, within the United States, array
themselves in hostility against any of the Powers at war,
or enter upon military expeditions or enterprises within
the jurisdiction of the United States; or usurp and
exercise judicial authority within the United States; or
where the penalties on violations of the law of nations may
have been indistinctly marked, or are inadequate--these
offences cannot receive too early and close an attention,
and require prompt and decisive remedies.

Whatsoever those remedies may be, they will be well
administered by the Judiciary, who possess a
long-established course of investigation, effectual
process, and officers in the habit of executing it.

In like manner, as several of the courts have doubted,
under particular circumstances, their power to liberate the
vessels of a nation at peace, and even of a citizen of the
United States, although seized under a false color of being
hostile property, and have denied their power to liberate
certain captures within the protection of our territory, it
would seem proper to regulate their jurisdiction in these
points; but, if the Executive is to be the resort in either
of the two last-mentioned cases, it is hoped that he will
be authorized by law to have facts ascertained by the
courts, when, for his own information, he shall request it.

The connection of the United States with Europe has become
extremely interesting. The occurrences which relate to it
and have passed under the knowledge of the Executive, will
be exhibited to Congress in a subsequent communication.

When we contemplate the war on our frontiers, it may be
truly affirmed that every reasonable effort has been made
to adjust the causes of dissension with the Indians north
of the Ohio. The instructions given to the Commissioners
evince a moderation and equity proceeding from a sincere
love of peace and a liberality having no restriction but
the essential interests and dignity of the United States.
The attempt, however, of an amicable negotiation having
been frustrated, the troops have marched to act
offensively. Although the proposed treaty did not arrest
the progress of military preparation, it is doubtful how
far the advance of the season, before good faith justified
active movements, may retard them, during the remainder of
the year. From the papers and intelligence which relate to
this important subject, you will determine whether the
deficiency in the number of troops granted by law shall be
compensated by succors of militia, or additional
encouragements shall be proposed to recruits.

An anxiety has been also demonstrated by the Executive for
peace with the Creeks and the Cherokees. The former have
been relieved with corn and with clothing, and offensive
measures against them prohibited during the recess of
Congress. To satisfy the complaints of the latter,
prosecutions have been instituted for the violence
committed upon them. But the papers which will be delivered
to you, disclose the critical footing on which we stand in
regard to both those tribes, and it is with Congress to
pronounce what shall be done.

_Gentlemen of the House of Representatives:_

The productiveness of the public revenues hitherto has
continued to equal the anticipations which were formed of
it, but it is not expected to prove commensurate with all
the objects which have been suggested. Some auxiliary
provisions will, therefore, it is presumed, be requisite;
and it is hoped that these may be made consistently with a
due regard to the convenience of our citizens, who cannot
but be sensible of the true wisdom of encountering a small
present addition to their contributions, to obviate a
future accumulation of burdens.

But here I cannot forbear to recommend a repeal of the tax
on the transportation of public prints. There is no
resource so firm for the Government of the United States as
the affections of the people, guided by an enlightened
policy; and to this primary good nothing can conduce more
than a faithful representation of public proceedings,
diffused without restraint, throughout the United States.

An estimate of the appropriations necessary for the current
service of the ensuing year, and a statement of a purchase
of arms and military stores, made during the recess, will
be presented to Congress.

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

The several subjects to which I have now referred open a
wide range to your deliberations, and involve some of the
choicest interests of our common country. Permit me to
bring to your remembrance the magnitude of your task.
Without an unprejudiced coolness, the welfare of the
Government may be hazarded; without harmony, as far as
consists with freedom of sentiment, its dignity may be
lost. But, as the Legislative proceedings of the United
States will never, I trust, be reproached for the want of
temper or of candor, so shall not the public happiness
languish from the want of my strenuous and warmest
co-operation.

G. WASHINGTON.

PHILADELPHIA, _December_ 3, 1793.

The PRESIDENT having retired, the two Houses separated.

On motion, a committee of five was appointed to report the draft of an Address to the PRESIDENT, in answer to his Speech to both Houses.

Messrs. ELLSWORTH, BUTLER, IZARD, LANGDON, and RUTHERFORD, were named.

THURSDAY, December 5.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

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

As the present situation of the several nations of Europe,
and especially of those with which the United States have
important relations, cannot but render the state of things
between them and us matter of interesting inquiry to the
Legislature, and may indeed give rise to deliberations to
which they alone are competent, I have thought it my duty
to communicate to them certain correspondences which, have
taken place.

The Representative and Executive bodies of France have
manifested generally a friendly attachment to this country,
have given advantages to our commerce and navigation, and
have made overtures for placing these advantages on
permanent ground. A decree, however, of the National
Assembly, subjecting vessels laden with provisions to be
carried into their ports, and making enemy goods lawful
prize in the vessel of a friend, contrary to our Treaty,
though revoked at one time as to the United States, has
been since extended to their vessels also, as has been
recently stated to us. Representations on this subject will
be immediately given in charge to our Minister there, and
the result shall be communicated to the Legislature.

It is with extreme concern I have to inform you that the
proceedings of the person whom they have unfortunately
appointed their Minister Plenipotentiary here have breathed
nothing of the friendly spirit of the nation which sent
him; their tendency, on the contrary, has been to involve
us in war abroad and discord and anarchy at home. So far as
his acts, or those of his agents, have threatened our
immediate commitment in the war, or flagrant insult to the
authority of the laws, their effect has been counteracted
by the ordinary cognizance of the laws, and by an exertion
of the powers confided to me. Where their danger was not
imminent, they have been borne with, from sentiments of
regard to his nation, from a sense of their friendship
towards us, from a conviction that they would not suffer us
to remain long exposed to the action of a person who has so
little respected our mutual dispositions, and, I will add,
from a reliance on the firmness of my fellow-citizens in
their principles of peace and order. In the mean time, I
have respected and pursued the stipulations of our
treaties, according to what I judged their true sense, and
have withheld no act of friendship which their affairs have
called for from us, and which justice to others left us
free to perform. I have gone further: rather than employ
force for the restitution of certain vessels which I deemed
the United States bound to restore, I thought it more
advisable to satisfy the parties by avowing it to be my
opinion that, if restitution were not made, it would be
incumbent on the United States to make compensation. The
papers now communicated will more particularly apprise you
of these transactions.

The vexations and spoliation understood to have been
committed on our vessels and commerce by the cruisers and
officers of some of the belligerent Powers, appeared to
require attention. The proofs of these, however, not having
been brought forward, the descriptions of citizens supposed
to have suffered were notified that, on furnishing them to
the Executive, due measures would be taken to obtain
redress of the past, and more effectual provisions against
the future. Should such documents be furnished, proper
representations will be made thereon, with a just reliance
on a redress proportioned to the exigency of the case.

The British Government having undertaken, by orders to the
commanders of their armed vessels, to restrain generally
our commerce in corn and other provisions to their own
ports, and those of their friends, the instructions now
communicated were immediately forwarded to our Minister at
that Court. In the mean time, some discussions on the
subject took place between him and them. These are also
laid before you, and I may expect to learn the result of
his special instructions in time to make it known to the
Legislature during their present session.

Very early after the arrival of a British Minister here
mutual explanations on the inexecution of the Treaty of
Peace were entered into with that Minister. These are now
laid before you for your information.

On the subjects of mutual interest between this country and
Spain, negotiations and conferences are now depending. The
public good requiring that the present state of these
should be made known to the Legislature _in confidence
only_, they shall be the subject of a separate and
subsequent communication.

G. WASHINGTON.

UNITED STATES, _December 5, 1793._

FRIDAY, December 6.

Mr. ELLSWORTH, from the committee appointed to report the draft of an Address to the PRESIDENT OF THE UNITED STATES, made a report; which was read, and ordered for consideration on Monday next.

MONDAY, December 9.

Messrs. STEPHEN R. BRADLEY, from Vermont, THEODORE FOSTER, from Rhode Island, and RUFUS KING, from New York, appeared and took their seats.

Agreeably to the order of the day, the Senate took into consideration the draft of an Address reported by the committee in answer to the Speech of the PRESIDENT OF THE UNITED STATES to Congress at the opening of the session; which, being amended, and the several paragraphs of the report agreed to, it was adopted, as follows:

"_To the President of the United States:_

"Accept, sir, the thanks of the Senate for your Speech
delivered to both Houses of Congress at the opening of the
session. Your re-election to the Chief Magistracy of the
United States gives us sincere pleasure. We consider it as
an event every way propitious to the happiness of our
country; and your compliance with the call, as a fresh
instance of the patriotism which has so repeatedly led you
to sacrifice private inclination to the public good. In the
unanimity which a second time marks this important national
act, we trace, with particular satisfaction, besides the
distinguished tribute paid to the virtues and abilities
which it recognizes, another proof of that just discernment
and constancy of sentiments and views which have hitherto
characterized the citizens of the United States.

"As the European Powers with whom the United States have
the most extensive relations were involved in war, in which
we had taken no part, it seemed necessary that the
disposition of the nation for peace should be promulgated
to the world, as well for the purpose of admonishing our
citizens of the consequences of a contraband trade and of
acts hostile to any of the belligerent parties, as to
obtain, by a declaration of the existing legal state of
things, an easier admission of our right to the immunities
of our situation; we, therefore, contemplate with pleasure
the Proclamation, by you issued, and give it our hearty
approbation. We deem it a measure well-timed and wise,
manifesting a watchful solicitude for the welfare of the
nation, and calculated to promote it.

"The several important matters presented to our
consideration will, in the course of the session, engage
all the attention to which they are respectively entitled;
and, as the public happiness will be the sole guide of our
deliberations, we are perfectly assured of receiving your
strenuous and most zealous co-operation.

"JOHN ADAMS,

"_Vice President of the United States,
and President of the Senate._"

_Ordered_, That Messrs. ELLSWORTH and BUTLER 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 the foregoing Address should be presented.

TUESDAY, December 10.

JOHN BROWN, from the State of Kentucky, attended to-day.

Mr. ELLSWORTH reported, from the committee appointed yesterday to wait on the PRESIDENT OF THE UNITED STATES, that the PRESIDENT proposed to receive the Address of the Senate this day, at 12 o'clock, at his own house. Whereupon, the Senate waited on the PRESIDENT OF THE UNITED STATES, and the VICE PRESIDENT, in their name, presented the Address agreed to on the ninth instant. To this Address the PRESIDENT OF THE UNITED STATES was pleased to make the following Reply:

"GENTLEMEN: The pleasure expressed by the Senate on my
re-election to the station which I fill, commands my
sincere and warmest acknowledgments. If this be an event
which promises the smallest addition to the happiness of
our country, as it is my duty, so shall it be my study, to
realize the expectation.

"The decided approbation which, the Proclamation now
receives from your House, by completing the proofs that
this measure is considered as manifesting a vigilant
attention to the welfare of the United States, brings with
it a peculiar gratification to my mind.

"The other important subjects which have been communicated
to you will, I am confident, receive a due discussion; and
the result will, I trust, prove fortunate to the United
States.

"G. WASHINGTON."

The Senate then returned to their Chamber, and resumed the reading of the papers communicated in the message of the PRESIDENT OF THE UNITED STATES of the 5th instant, but adjourned before they were got through.

WEDNESDAY, December 11.

CALEB STRONG, from Massachusetts, attended to-day.

The credentials of Mr. BROWN and Mr. STRONG were read, the usual oath administered to them, and they took their seats.

FRIDAY, December 13.

WILLIAM BRADFORD, from Rhode Island, and JOHN TAYLOR, from Virginia, attended, produced their credentials, and took the usual oath and their seats.

MONDAY, December 16.

JAMES JACKSON, from Georgia, attended, produced his credentials, and, the oath required by law being administered to him, he took his seat in the Senate.

TUESDAY, December 17.

JOHN VINING, from Delaware, appeared, and, the oath required by law being, by the VICE PRESIDENT, administered to him, he took his seat in the Senate.

TUESDAY, December 24.

_Exclusion of Bank Officers and Stockholders from Congress._

The following motion was made and seconded, to wit: That the constitution be amended by adding, at the end of the ninth section of the first article, the following clause:

"Nor shall any person holding any office or stock in any
institution in the nature of a bank for issuing or
discounting bills or notes payable to bearer or order,
under the authority of the United States, be a member of
either House whilst he holds such office or stock, but no
power to grant any charter of incorporation, or any
commercial or other monopoly, shall be herein implied."

And it was agreed that this motion should lie for consideration.

TUESDAY, December 31.

Mr. RUTHERFORD reported, from the committee to whom was referred the petition of Conrad Laub and others, stating that the Hon. ALBERT GALLATIN, at the time he was elected a Senator of the United States, had not been nine years a citizen of the said United States as is required by the constitution; which report was read, and ordered to lie for consideration.

WEDNESDAY, January 1, 1794.

The Senate proceeded to the consideration of the report of the committee to whom was referred the petition of Conrad Laub and others.

On motion to postpone the consideration of the report until to-morrow, it was agreed to amend this motion, by striking out the words "to-morrow," and to insert, in lieu thereof, "Thursday, the 9th instant."

THURSDAY, January 2.

A motion was made that it be--

"_Resolved, by the Senate and House of Representatives of
the United States of America in Congress assembled,
two-thirds of both Houses concurring_, That the following
article be proposed to the Legislatures of the several
States, as an amendment to the Constitution of the United
States; which, when ratified by three-fourths of the said
Legislatures, shall be valid as part of the said
constitution, to wit:

"The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced
or prosecuted against one of the United States by citizens
of another State, or by citizens or subjects of any foreign
State."

MONDAY, January 13.

The Senate resumed the consideration of the petition of Conrad Laub and others, respecting the appointment of Mr. GALLATIN to be a Senator of the United States.

On motion,

_Ordered_, That a Committee of Elections, to consist of seven, be appointed, and that the petition of Conrad Laub and others be referred, without prejudice as to any questions which may, upon the hearing, be raised by the sitting member, as to the sufficiency of the parties and the matter charged in the petition, to the same committee, to state the facts, and that they be authorized to send for persons, and papers; also, that Messrs. BRADLEY, ELLSWORTH, MITCHELL, RUTHERFORD, BROWN, LIVERMORE, and TAYLOR, be this committee.

TUESDAY, January 14.

Agreeably to the order of the day, the Senate took into consideration the motion made yesterday for an amendment to the Constitution of the United States, respecting the Judicial power thereof.

And, on the question to agree to the resolution as follows:

"_Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled,
two-thirds of both Houses concurring_, That the following
article be proposed to the Legislatures of the several
States, as an amendment to the Constitution of the United
States; which, when ratified by three-fourths of the said
Legislatures, shall be valid as part of the said
constitution, to wit;

"The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced
or prosecuted against one of the United States, by citizens
of another State, or by citizens or subjects of any foreign
State:"

It passed in the affirmative--yeas 23, nays 2, as follows:

YEAS.--Messrs. Bradford, Bradley, Brown, Burr, Butler,
Cabot, Edwards, Ellsworth, Foster, Frelinghuysen, Hawkins,
Jackson, Izard, King, Langdon, Livermore, Martin, Mitchell,
Monroe, Robinson, Strong, Taylor, and Vining.

NAYS.--Messrs. Gallatin and Rutherford.

_Ordered_, That the Secretary desire the concurrence of the House of Representatives in this resolution.

WEDNESDAY, January 15.

_Exclusion of Bank Officers from a seat in Congress._

The Senate resumed the consideration of the motion made yesterday for an amendment to the Constitution of the United States, inhibiting the holders of any office or stock in the Bank of the United States from a seat in either House of Congress.

On motion to amend the motion, to be read as follows:

"Nor shall any person holding any office in any institution
in the nature of a bank, under the authority of the United
States be a member of either House whilst he holds such
office; but no power to grant any charter of incorporation,
or any commercial or other monopoly, shall be hereby
implied."

And, after debate, the further consideration thereof was postponed until to-morrow.

THURSDAY, January 16.

The Senate resumed the consideration of the motion made yesterday, to amend the motion under consideration the 14th instant, for an amendment to the Constitution of the United States, inhibiting the holders of any office or stock in the Bank of the United States from a seat in either House of Congress.

On motion to amend the amendment, so that it be read as follows:

"Nor shall any person holding any office in the Bank of the
United States be a member of either House whilst he holds
such office; but no power to grant any charter of
incorporation, or any commercial or other monopoly shall be
hereby implied:"

It passed in the affirmative--yeas 13, nays 12, as follows

YEAS.--Messrs. Bradley, Brown, Burr, Butler, Edwards,
Gallatin, Hawkins, Jackson, Izard, Martin, Monroe,
Robinson, and Taylor.

NAYS.--Messrs. Bradford, Cabot, Ellsworth, Foster,
Frelinghuysen, King, Langdon, Livermore, Mitchell, Morris,
Strong, and Vining.

On motion it was agreed to expunge the following clause of the motion last adopted:

"But no power to grant any charter of incorporation, or any
commercial or other monopoly, shall be hereby implied:"
and,

On the question, to agree to the motion, amended as follows:

"Nor shall any person holding any office in the Bank of the
United States be a member of either House, whilst he holds
such office:"

It passed in the negative--yeas 12, nays 13, as follows:

YEAS.--Messrs. Bradley, Brown, Burr, Butler, Edwards,
Gallatin, Hawkins, Jackson, Martin, Monroe, Robinson, and
Taylor.

NAYS.--Messrs. Bradford, Cabot, Ellsworth, Foster,
Frelinghuysen, Izard, King, Langdon, Livermore, Mitchell,
Morris, Strong, and Vining.

Agreeably to notice given, Mr. BUTLER obtained leave to bring in a bill to amend the act, entitled "An act to incorporate the subscribers to the Bank of the United States;" which was read the first time.

On motion that this bill have a second reading, in the words following, to wit:

"Whereas it is inexpedient that the Government of the
United States should continue to hold any stock in the Bank
of the United States, or have any political connection with
the said bank, or any other connection with it, otherwise
than in common with other banks within the United States:"

[The bill directs the sale of the United States stock in
the bank, and repeals all the clauses in the charter
establishing any connection with it:]

It passed in the negative--yeas 12, nays 13, as follows:

YEAS.--Messrs. Bradley, Brown, Burr, Butler, Edwards,
Gallatin, Hawkins, Jackson, Martin, Monroe, Robinson, and
Taylor.

NAYS.--Messrs. Bradford, Cabot, Ellsworth, Foster,
Frelinghuysen, Izard, King, Langdon, Livermore, Mitchell,
Morris, Strong, and Vining.

TUESDAY, January 21.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

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

Having already laid before you a letter of the 16th of
August, 1793, from the Secretary of State to our Minister
at Paris, stating the conduct and urging the recall, of the
Minister Plenipotentiary of the Republic of France, I now
communicate to you, that his conduct has been unequivocally
disapproved; and that the strongest assurances have been
given, that his recall should be expedited without delay.

G. WASHINGTON.

UNITED STATES, _January 20, 1794._

The Message was read, and ordered to lie on file.

The memorial of the people called Quakers, from the yearly meeting held at Rhode Island for New England, in the year 1793, was presented and read, praying Congress to exercise the authority vested in them by the constitution for the suppression of the slave trade.

_Ordered_, That Messrs. BRADLEY, LIVERMORE, and BROWN, be a committee to take into consideration the laws passed in the territory of the United States north-west of the river Ohio, from July to December, 1792, inclusive, and report thereon to the Senate.

THURSDAY, January 30.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

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

Communications have been made to Congress during the
present session, with the intention of affording a full
view of the posture of affairs on the south-western
frontiers. By the information which has lately been laid
before Congress, it appeared that the difficulties with the
Creeks had been amicably and happily terminated. But it
will be perceived with regret, by the papers herewith
transmitted, that the tranquillity has unfortunately been
of short duration, owing to the murder of several friendly
Indians, by some lawless white men.

The condition of things in that quarter requires the
serious and immediate consideration of Congress, and the
adoption of such wise and vigorous laws as will be
competent to the preservation of the national character and
of the peace made under the authority of the United States
with the several Indian tribes. Experience demonstrates
that the existing legal provisions are entirely inadequate
to those great objects.

G. WASHINGTON.

UNITED STATES, _January 30, 1794._

TUESDAY, February 4.

A message from the House of Representatives informed the Senate that the House have passed a bill entitled "An act providing for the relief of such of the inhabitants of Saint Domingo resident within the United States as may be found in want of support," in which they desire the concurrence of the Senate.

This bill was read the first time, and ordered to a second reading.

WEDNESDAY, February 5.

The bill, sent from the House of Representatives for concurrence, entitled "An act providing for the relief of such of the inhabitants of Saint Domingo, resident within the United States, as may be found in want of support," was read the second time; and, after debate, the further consideration thereof was postponed until to-morrow.

THURSDAY, February 6.

Mr. POTTS, from Maryland, attended.

The Senate resumed the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act providing for the relief of such of the inhabitants of Saint Domingo, resident within the United States, as may be found in want of support."

On motion, that it be recommitted, for the purpose of further inquiry, it passed in the negative.

And after agreeing to an amendment, the bill was ordered to a third reading.

FRIDAY, February 7.

The following Message was received from the PRESIDENT OF THE UNITED STATES:

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

I transmit to you an Act and three Ordinances, passed by
the Government of the territory of the United States south
of the river Ohio, on the 13th and 21st of March, and the
7th of May, 1793; and also certain letters from the
Minister Plenipotentiary of the French Republic, to the
Secretary of State, enclosing despatches from the General
and Extraordinary Commission of Guadaloupe.

G. WASHINGTON.

UNITED STATES, _February 7, 1794._

The Message and papers therein referred to were read.

_Ordered_, That the act and three ordinances, mentioned in the Message, be referred to the committee appointed 21st of January last, to whom were referred the laws passed in the territory north-west of the Ohio, to consider and report thereon to the Senate.

_Ordered_, That the other papers referred to in the Message lie for consideration.

The Senate proceeded to the third reading of the bill, sent from the House of Representatives for concurrence, entitled "An act providing for the relief of such of the inhabitants of Saint Domingo, resident within the United States, as may be found in want of support." Whereupon,

_Resolved_, That this bill pass as amended.

MONDAY, February 10.

The VICE PRESIDENT laid before the Senate a letter from the Secretary of the Department of the Treasury, in reference to the orders of Senate of the 20th January last, for a return of sundry statements from that department; which letter was read.

Mr. BRADLEY reported from the committee to whom was referred the petition of Conrad Laub and others, respecting the appointment of Mr. GALLATIN to be a Senator of the United States; and the report was read.

_Ordered_, That Wednesday next be assigned to take this report into consideration, and that, in the mean time, it be printed for the use of the Senate.

On motion, that the Senate adopt the following resolution:

"_Resolved_, That the doors of the Senate be opened, and
continue open, during the discussion upon the contested
election of ALBERT GALLATIN:"

_Ordered_, That this motion lie on the table until to-morrow.

TUESDAY, February 11.

Agreeably to the order of the day, the Senate took into consideration the motion made yesterday that the doors of the Senate be opened during the discussion of the contested election of Mr. GALLATIN. Whereupon,

_Resolved_, That the doors of the Senate be opened, and continue open, during the discussion upon the contested election of ALBERT GALLATIN.

Mr. BRADLEY reported from the committee to whom was referred the act and three ordinances mentioned in the Message from the PRESIDENT OF THE UNITED STATES of the 7th instant, enacted and ordained by the Governor and judges of the territory south of the river Ohio, "that Congress do not disapprove the same," and the report was agreed to.

THURSDAY, February 13.

Mr. BURR, from the committee to whom was referred the Message from the PRESIDENT OF THE UNITED STATES, of the 30th of December last, reported a bill authorizing and directing the settlement of the accounts of Major General LAFAYETTE; which was read the first time, and ordered to a second reading.

FRIDAY, February 14.

The bill authorizing and directing the settlement of the accounts of Major General LAFAYETTE was read the second time, and, after debate, it was ordered to lie for consideration and inquiry.

MONDAY, February 17.

The petition of Michael Schmyser, agent for Conrad Laub and others, petitioners against the election of ALBERT GALLATIN to be a Senator of the United States, was presented and read, praying to be heard by counsel.

_Ordered_, That the prayer of the petition be granted.

The consideration of the report of the committee on the petition of Conrad Laub and others, respecting the election of Mr. GALLATIN to be a Senator of the United States, was resumed, and after progress, it was ordered that the consideration thereof be postponed until Wednesday next.

WEDNESDAY, February 19.

JAMES GUNN, from Georgia, took his seat in the Senate.

THURSDAY, February 20.

The Senate resumed the consideration of the motion made yesterday, to amend the motion then reconsidered, respecting the opening the doors of the Senate Chamber whilst sitting in a Legislative capacity.

On motion to commit the motion for amendment, it passed in the negative.

On motion, that the amendment be agreed to, it passed in the affirmative--yeas 18, nays 9, as follows:

YEAS.--Messrs. Bradley, Brown, Burr, Butler, Edwards,
Ellsworth, Foster, Gunn, Hawkins, Jackson, King, Langdon,
Livermore, Martin, Monroe, Potts, Taylor, and Vining.

NAYS.--Messrs. Bradford, Cabot, Frelinghuysen, Gallatin,
Izard, Mitchell, Morris, Rutherford, and Strong.

On motion to adopt the resolution, amended as follows:

"_Resolved_, That, after the end of the present session of
Congress, and so soon as suitable galleries shall be
provided for the Senate Chamber, the said galleries shall
be permitted to be opened every morning, so long as the
Senate shall be engaged in their Legislative capacity,
unless in such cases as may, in the opinion of the Senate,
require secrecy, after which the said galleries shall be
closed:"

It passed in the affirmative--yeas 19, nays 8, as follows:

YEAS.--Messrs. Bradley, Brown, Burr, Butler, Edwards,
Ellsworth, Foster, Gallatin, Gunn, Hawkins, Jackson, King,
Langdon, Livermore, Martin, Monroe, Potts, Taylor, and
Vining.

NAYS.--Messrs. Bradford, Cabot, Frelinghuysen, Izard,
Mitchell, Morris, Rutherford, and Strong.

_Contested Election._

Agreeably to the order of the day, the Senate resumed the consideration of the report of the committee on the petition of Conrad Laub, and others, respecting the election of Mr. GALLATIN to be a Senator of the United States.

The report of the committee states the evidence, and concludes with an opinion, that to controvert the allegations set forth in the petition against Mr. G., it lays with him to prove his citizenship.

Accordingly, Mr. G. presented a written statement of facts which the PRESIDENT of the Senate read. It contained a narrative of several transactions from the time of Mr. G.'s arrival in the province of Maine, or Massachusetts, about thirteen years ago. Of his having contributed by money and his own services as a volunteer, in the cause of the revolution. Of his having taken oaths of allegiance and purchased lands in that State, and also in the State of Virginia. In the back parts of the last-mentioned State, he had formed an interesting settlement, and had been extremely useful in bringing settlers from Europe. The dates of those transactions and times of his arrival in Pennsylvania, and of being sent to the State Convention, are also recited, up to the time of his being chosen one of their Representatives in the Senate of the United States.

After the PRESIDENT had done reading the statement of facts, Mr. G. addressed the Senate, by observing, that he felt himself rather in an awkward predicament, not knowing whether the counsel for the prosecutors or himself were the proper person to speak the first, as this preliminary was not yet laid down by the Senate, neither had he provided any counsel. He should have supposed himself in the situation of defendant, were it not that the weight of proving the affirmative in regard to citizenship had been laid on him, under which predicament it might perhaps be necessary for him to begin, and after the counsel for the petitioners had spoken, that he should then be allowed to close the arguments.

Mr. LIVERMORE was of opinion, that the sitting member should begin to debate, as the _onus probandi_ lay with him.

The counsel for the petitioners, Mr. LEWIS, rose. He was attended by Mr. Schmyser, one of the members of the Senate of Pennsylvania, who, we understand, manages the prosecution on the part of the petitioners. Mr. L. hoped he would be permitted to say a few words in the early stage of the business, in regard to the manner of conducting it. He recapitulated sundry offices and posts of honor that had been conferred on him, from which he humbly presumed he had gathered much experience, and particularly in cases of contested elections. He would, therefore, beg leave of the honorable Senate, to offer an observation before they should determine on the mode of conducting the trial. When the question for postponement, which was debated the other day, was before them, the sitting member did then consider himself as defendant, and for an hour had fought phantoms of his own imagination, but now he has changed his ground, and desires to have the privileges which belong to the petitioners only, namely, the right of opening the prosecution, and afterwards concluding the arguments.

Mr. GALLATIN submitted to the decision of the Senate, and said he did not wish to contend for mere matters of form.

Mr. MARTIN (from N. Carolina) thought it immaterial who began or concluded, if in the end the Senate should be enabled to arrive at a just degree of information.

Mr. JACKSON (from Georgia) made some observations on the manner of conducting the business. He thought it would be incumbent on the counsel for the petitioners to prove that Mr. GALLATIN was not a citizen, &c.

Mr. KING (from New York) and some other gentleman of the Senate, said a few more words on the motion; it was agreed that the sitting member should begin.

Mr. GALLATIN accordingly rose and recapitulated the facts stated in the written paper which he had presented to the PRESIDENT, commenting on each of them as he proceeded. He proved that he had been an inhabitant of the United States for thirteen years, and was one before the peace of 1783, and before the Confederation. He quoted the laws previous thereto respecting aliens, and also the British statutes, and he maintained that they were all done away by the Revolution. He conceived himself a citizen in common with the other citizens of the United States, from the time of his first qualifying after his arrival and attachment to the country. He concluded by saying, he would reserve the remainder of his defence until after he should hear the counsel on behalf of the petitioners.