Chapter LVII: Introduction (56)

He could not help remarking upon some observations that fell from his friend, (Mr. BALDWIN, from Georgia,) when this subject was before the committee some days ago. It had been objected that the bill was not well founded, as it established a new principle; and the member (Mr. BALDWIN) replied, that it was not new, as there was already an excise fixed on ardent spirits. He had opposed that law, but since it was passed, he could not object to the present bill. Had the gentleman reflected, he would have seen that there was equal reason for resisting this bill, because it fixed that obnoxious principle more strongly, by giving a further sanction to an American excise. Mr. McD. also considered the tax to be unnecessary. The tax was contemplated on the prospect of a war which has now become less likely, the British having, since the Orders of the 8th of January, relaxed their depredations. Further, the tax was unnecessary, because, it was asserted by several very well informed merchants, that the amount of the impost this year would exceed that of the last.

On dividing, the motion for striking out the clause was rejected--ayes 31, nays 45.

WEDNESDAY, May 28.

_Advance of Money to France._

The House again resolved itself into a Committee of the whole House on the report of the committee to whom was referred the Message of the PRESIDENT OF THE UNITED STATES, of the 18th of March last, relative to an advance of money requested by the Minister of the French Republic.

Mr. GILES offered the following motion:

"_Resolved_, That the President of the United States be
authorized and requested to apply the proceeds of the loan
of three millions of florins, lately obtained in Holland,
towards the discharge of the debt remaining due to France;
or to the protection and defence of the United States, if,
in his opinion, the same should be found necessary for that
purpose, any appropriation to the contrary
notwithstanding."

Mr. HILLHOUSE was of opinion that, before any payments in advance should be made to the French Minister, it was proper to secure the indemnification of our own citizens, who had sustained such immense losses by the detention of their vessels in the ports of the Republic, both in Europe and the West Indies. Mr. H. here made a distinction, that if the term stipulated for payment of an instalment to France had actually arrived, he would have made that payment, though they had burnt our ships, and have sought redress in the ordinary way. But when they come forward before the money is due, and make such a requisition, he thought it a fair opportunity to secure the claims of American citizens.

Mr. NICHOLAS was in favor of the motion. He felt, as an American, that the cause of this country and of France were inseparably connected; and that giving the money to the Republic was equivalent to expending it in the service of the United States. He reminded the House of the indelible obligations of America to France. That Republic is now reduced to distress, as this country was when supported by the French arms. Every principle of humanity, of honor, of gratitude, and of justice, calls upon us to give that nation the most effectual support in our power.

Mr. FITZSIMONS.--The Americans have applied to M. Fauchet, for payment in this country. He has assured them that he cannot give it, but that he will inform the French Government of their application. They are satisfied to wait for the reply to the Minister, which is expected from Europe.

Mr. AMES remarked, that, as the three millions of florins had been loaned in Holland for the defence of this country, it would be something worse than imprudence to give it away for any other purpose. The cause of France does not depend on her receiving a million of dollars. She is in a much better situation to give us that sum, than we are to advance it for her. He did not think that, to keep our money to ourselves, and to bestow it upon France, were the same thing, nor did he believe that it would be so considered by the citizens of the United States. He could not approve the motion.

Mr. GILLON thought that, as to the claims of American citizens, a complete answer had been given by the member from Pennsylvania. If the merchants themselves are willing to wait for an answer from France, nobody else has any concern with the matter. He rejected the idea of not paying the money to the French until it was due, unless with a restriction in favor of the American claimants. The money due to France had been advanced by her in the time of our utmost distress. It was at present wanted for her own defence. To indulge us, indeed, she had formerly granted a longer time than she was obliged to grant for the repayment. But if necessity compelled her to solicit an abridgment of that indulgence, is it inconsistent with the feelings of honor and generosity, to refuse her such a request?

Mr. WADSWORTH was too ill-informed upon this question, to know upon what side he ought to vote. Much had been said about the gratitude due from this country to France. We had been grateful, indeed, since we had suffered them for a long time past to plunder our vessels without making a complaint. He stated that the American property seized in the ports of France amounted to one million of dollars, and that taken by her in the West India Colonies, to four millions of dollars. Much of this property had been paid for in such a way, that the owners did not realize more than twenty-five per cent. of its value. The present application had been made a long time ago, and Mr. W. did not suppose that the French Minister could, at present, be in any want of the money. Since the time when he first sought for it, something had happened which altered the case. The greatest portion of specie in America is now at the command of M. Fauchet. There can be, therefore, no pretence for giving away this million of dollars on the plea of necessity. The Republic herself possesses, if we are to believe common fame, more cash than all the kings in Europe; and, though the story may be very greatly exaggerated, yet make allowance for exaggeration, and still her treasures are very great. No part of her misfortunes can be ascribed to the want of money. Matters so standing, he thought that it was our duty to make a halt, and begin to take some care of the interests of our fellow-citizens. As for gratitude towards the Republic, he felt as much of that sentiment as those who talked more about it than he did. But he had not learned any good reason why this money should be disposed of in this way; and he could not agree to vote so great a sum where he could not see the need.

Mr. BOURNE said, that the purposes for which it had been first asked, had been long since accomplished without it. The transportation of the emigrants of St. Domingo to France had been given as a reason for this request, but they were all gone already.

Mr. SEDGWICK and Mr. GOODHUE also spoke. The resolution was carried in the committee, and reported to the House, where it was likewise carried; and it was

_Ordered_, That a bill or bills be brought in pursuant to the said resolution, and that Mr. MADISON, Mr. BEATTY, and Mr. HEISTER, do prepare and bring in the same.

FRIDAY, May 30.

_Military Establishment._

The bill sent from the Senate, entitled "An act to increase the Military Force of the United States, and to encourage the recruiting service," was read the first time.

Mr. SMILIE objected that there must be some other purpose for these troops than any that had been acknowledged; for he could see none. The principle of the bill was wrong.

Mr. GILES said, that the bill ought to be named "A bill authorizing the PRESIDENT _to pass a law_ for raising ten thousand men." In point of principle, it was infinitely worse than the former one, which the House had already rejected, (the one supported by Mr. SEDGWICK.) He hoped that they would not suffer it to go to a second reading. We had made estimates of the expenses of this year, and have been told that the ways and means are not sufficient. Yet, in the face of this, to come upon us all at once with the expense of a standing army of ten thousand men was too hard. He trusted that gentlemen who would vote for a second reading would explain the reasons that could induce them to such a measure. The time spent upon such a bill would be perfectly cast away. He was at a loss to discover against whom these ten thousand men were to be employed.

Mr. HILLHOUSE could not, at this moment, decide whether he ought to vote for this bill or not. He would recommend a Committee of the Whole to examine its merits. He should think it ungenerous for any gentleman in that House to call for his vote till it had been fully discussed.

Mr. FITZSIMONS.--If we were to debate for a week upon it, I am sure that there cannot be one new idea started. The whole argument lies in so narrow a compass that every member may decide on a first hearing. The question is, whether, on account of the particular state of the country at this time, it is proper to intrust the PRESIDENT with a discretionary power of raising an army of ten thousand men? For my own part, I am as ready to decide just now as I ever can be.

Mr. AMES.--If we are to go to war, will it not be a prodigious saving of expense to have all matters ready beforehand? By being prepared two months before the war breaks out, the advantages in economy would be immense, as the price of enlisting men would rise fourfold when it was once known that war was certain. He knew many weak parts in the Union that might be attacked and in danger before a body of militia could be ready for effectual service. He was not qualified for details of this sort; but he knew that Rhode Island, for example, might be taken, and, in a short time, so strongly fortified, that it would be difficult or impossible to retake it. Why were we afraid to intrust the PRESIDENT with the power of raising ten thousand men? Can any body of men to be raised in this country tread down the substantial yeomanry? This is quite a Utopian dread. It is infinitely cheaper to raise and embody an army at leisure, when the storm is seen to be approaching, than all at once, when twenty things must be done at the same time. There is, besides, a material distinction between this bill and the former. The force may be discontinued whenever the Legislature thinks proper; nor is it to be raised at all unless the PRESIDENT sees or thinks it necessary. The principle of the bill is, therefore, much less exceptionable than that of the other. To reject a bill on the first reading is a bad practice. Mr. A. hoped that the House would guard against it, unless where any thing was grossly improper, and depended on a single principle. But he trusted that the House would, in every common case, set their faces against it.

Mr. SMILIE controverted every thing said by Mr. AMES. He thought that the measure would involve this country in a very useless expense. Did we intend to rival the military establishments in Europe? The British might be expected to increase their forces in Canada in proportion to those of the United States.

Mr. DAYTON followed Mr. SMILIE, and said, that the arguments of the member who spoke last, although intended to make a different impression, had convinced him of the impropriety of rejecting this bill upon its first reading. That gentleman had thought proper to enter into the intrinsic merits at this stage of it, when those who favored its principles could have no opportunity of defending or amending the particular parts of it. He had heard the objects of it grossly misrepresented. It had been asserted that the bill contemplated the increase of our military peace establishment to sixteen thousand men.

[Mr. SMILIE interrupted Mr. DAYTON by declaring that he had never said or meant any such thing. But the defence of the Western Territory was to require six thousand men; and these, with the ten thousand to be raised by this bill, would amount, in the whole, to sixteen thousand men.]

No such thing (said Mr. D.) was to be found in it, and he called upon gentlemen to show upon what such an assertion was founded. He, for one, was of opinion that the interests and safety of the United States might be materially promoted by our vesting the PRESIDENT with the power to raise these men, if war should break out in the recess of Congress. Who did not believe that such an event was not only possible, but in some degree probable? Who would say that, if war should be forced upon us, this would not be considered as a most valuable provision, because we might have this respectable body of troops engaged, equipped, and prepared to act the moment that hostilities should be declared by the constituted authority? He would address himself to the feelings and interests of the member who spoke last, and those similarly circumstanced. They resided in the interior parts of the country, and hence it was that they did not seem to experience such lively sensations at the approach of danger on the eastern frontiers--the sea. What (he asked) was their situation, and what had they to fear in case of an open rupture with Great Britain? It was easy to foresee that they would be vigorously pressed, not only by those Indians which are at present hostile, and by the regular troops in that quarter, but by all the neighboring nations of savages over whom British threats or bribes could have influence. A part of the Six Nations, too, would probably join the confederacy, and the frontier settlers of Virginia, Pennsylvania, and New York, would certainly be driven in. With such a corps as the one proposed, an early check might be given to their irruptions, and the war be carried to their towns.

On the other hand, what would be the consequence, if, after the PRESIDENT perceives a war inevitable, he is not permitted to make the smallest preparation until he can convene Congress? Two months must be lost in convening them, owing to the extreme distances of their residence, all which time would be employed by our enemies in increasing their forces, in strengthening their posts, and establishing new ones, and in invading our country. Let this discretionary power be given to the PRESIDENT, (with whom much greater had repeatedly been lodged, and had never in any instance been improperly exercised,) and the men might be engaged while the members were collecting, and a small army in readiness to act as Congress should by law direct and authorize. No danger could arise from it, because the enlistments of those who might be engaged would be void, unless the Legislature, immediately upon their meeting, should confirm them. It had been said, that our reliance should be upon the militia. He had, Mr. D. said, as high an opinion of militia as any member in that House, for he had witnessed their exertions and importance in the late war; but could it be said that it would be very convenient or agreeable to them, to be drawn a distance from their own homes, to be employed in taking and garrisoning posts, if it should be deemed advisable to direct operations of that kind? He concluded, with wishing that the bill might be allowed to have a second reading, as constructions had been imputed to it which it certainly would not bear.

Mr. MADISON did not accede to the principle of the bill. He did not see any such immediate prospect of a war, as could induce the House to violate the constitution. He thought that it was a wise principle in the constitution, to make one branch of Government raise an army, and another conduct it. If the Legislature had the power to conduct an army, they might embody it for that end. On the other hand, if the PRESIDENT was empowered to raise an army, as he is to direct its motions when raised, he might wish to assemble it for the sake of the influence to be acquired by the command. The constitution had wisely guarded against that danger on either side. He could not, in the present case, consent to the breaking down of this barrier of public safety. He saw no necessity for it; nor any violent probability, that this country will be speedily invaded by any force, to which the present military establishment cannot make an adequate resistance. Let us hear from the Minister whom we have just sent to Britain, before we take such abrupt and expensive measures. We shall certainly hear from him, at least, before we are invaded. Now, if we enter into a calculation of the time requisite for his arrival in Britain, for commencing his business, and for sending back an account of what kind of reception he has met with, we shall find that by this period, Congress will have met again; or at least, the interval will be so small as to make it not worth while to embrace any measure of this kind.

Upon the whole, he could not venture to give his consent for violating so salutary a principle of the constitution as that upon which this bill encroached.

Mr. SEDGWICK differed from Mr. MADISON. He did not think that, in certain contingencies, war was so distant a prospect. Simcoe is going to erect a fort in our territories, and the PRESIDENT has declared that he will repel the attempt. We all know the waste of time and property in the last war, at its commencement, by trying to do the business with militia. The proposal met his approbation, as did the resolution of the PRESIDENT to repel force by force.

Mr. FINDLAY spoke against the bill.

The question was then stated, to wit: "Shall the said bill be rejected?" and, after debate thereon, the question being taken, it was resolved in the affirmative--yeas 50, nays 32.

_Advance of Money to France._

Mr. PARKER then moved that the House take into consideration the bill for the payment of a certain sum of money to the French Republic.

The House resolved itself into a committee on this bill, Mr. PARKER in the chair.

Several amendments were proposed, and several members spoke.

Mr. GILES knew that Mr. Fauchet was anxious for this money, and spoke of it as necessary for his operations. He did not know whether to-day, to-morrow, or at what time in particular; but in fact the money was needed. He had another remark to make. This loan of three millions of florins had come upon all parts of the House alike unexpectedly. Before it was known, we heard of no particular complaints from the Treasury, for want of money to raise the fortifications. But now, when the loan was come, the tone was altered, and there was a loud cry of emptiness in the Treasury.

Mr. GILLON said, that gentlemen talked of giving this money, as if we were doing a favor to France. Is this so? We are sending a new ambassador to that country. A very pretty introduction truly he would have at Paris, with our credentials in one hand, and a refusal to pay the debts due to the Republic in the other. We have been in need of her assistance before, and we may want it again.

The committee made some amendments; the Chairman reported them, and the bill finally passed the House.

FRIDAY, June 5.

_Protection of South-western Frontier._

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for the more effectual protection of the South-western frontier settlers."

Mr. GILES expressed the utmost surprise at such a proposal. First, it had been projected to raise a standing army of fifteen thousand men, then twenty-five thousand, then ten thousand; and now, when all these schemes had been put to an end, this regiment of eleven hundred and forty men has appeared. Proteus never assumed a greater number of shapes than this attempt has done. His jealousy was highly excited by such a steady adherence to an idea so extremely offensive. The people of the United States did not wish to be trodden down by a Continental army. How this amendment might sit on the stomachs of some people, he could not say; but, if he were one of the gentlemen who represented the people from whom the requisition for defence had come, the amendment of the Senate would sit very badly indeed upon his stomach.

Mr. NICHOLAS said, that a bill had been wanted to _protect_ the frontiers, but, by this amendment, the bill would _scourge_ them. He wondered at the pertinacity of some people, in adhering to the idea of a standing army. Mr. N. enlarged considerably on the question before the House.

Mr. MCDOWELL had lived long on the frontiers, and he believed that he understood, from personal experience, what was the proper mode of defending them, as well as perhaps any gentleman on that floor. He was against the amendment, because he knew, from repeated experiments, that regular troops were, in this kind of service, altogether useless. The militia of the frontiers, who knew the country, and whose habits of life made them perfectly acquainted with the character of the enemy whom they had to encounter, were the only proper forces to oppose the Indians with success. But why Government should burden itself with a useless expense, or the people with a kind of defence which they disliked, Mr. McD. did not know. Perhaps there was no part of the Union that had behaved so prudently and so pacifically as the citizens on the South-western frontiers. Yet Indian treaties were constantly broken by the savages themselves. Gentlemen who had never been witnesses to the scene, did not feel it, with adequate comprehension or sensibility. A man went to his corn-field, along with his son, who was shot dead by his side. He came home, and found his wife and the rest of his family murdered. Circumstances of this kind, and of which Mr. McD. drew an affecting picture, were too dreadful for human patience to support.

Mr. BOUDINOT thought that the militia could not be kept together for six months, and that it was better to have regular troops.

Mr. AMES replied to Mr. GILES. It was wrong to say that this was part of a system, and that the twenty-five thousand men had been part of it. He saw no such thing. We have one Indian war already, which is enough at a time. Those whom we are now to quarrel with, are three times more numerous than those to the North-west. The Creeks, Cherokees, Choctaws, and Chickasaws, were, as Mr. A. had been informed, fifteen thousand fighting men. He did not think that there were too many Indians on the frontier, any more than too many wild beasts. The one might, by skilful management, be rendered as harmless as the other. Even the success of an Indian war, by extending our frontier, augments the number of our enemies; so that the task is hopeless, and has no end. Distance from the seat of Government would increase, and with it the charges of defence. He was not one of those who wished to exterminate these poor creatures. He recommended a system of restraint on both sides. He could wish for something as strong as the Chinese wall to separate them. When an exasperated militia went out, what were we to expect, but that the first man with a red skin whom they met would be shot? Presently you discover that you have been shooting an Indian of the wrong nation, while, in the mean time, this whole nation rises and attacks you. The Continental troops, as being less exasperated, were less apt to fall into mistakes of this kind. He did not wish the militia to be called out in such numbers as were proposed by the bill when sent up to the Senate. He wished, if possible, for a restraint on both parties. He was for the amendment.

Mr. MURRAY was of the same opinion. It was not once in ten times that, when an Indian was killed by a white man, the murderer could be convicted. As to the standing army being an object of alarm, he ridiculed that idea. But, at any rate, it was possible to limit the operations of this regiment of eleven hundred and forty men to the South-western frontier, if gentlemen were afraid of their being marched up and down the country.

Mr. GILLON said, that there was something in this question, just like that some days since, about the galleys. If you do not want them, they shall not be forced upon you. He could not see their use in South Carolina. It was a body of militia that was wanted. There are no tumults in South Carolina to be repressed by a standing army. The expedition against Spain is knocked up. What occasion, then, can there be for them? He feared that this corps was only a part of the old leaven, the gilding of a bad pill He liked this proposal better than the others of the same sort, only because, as the numbers are inferior, the evils are less. Mr. G. had no idea of hiring other people to do for us what we can do for ourselves. He had voted against the twenty-five thousand men, and the ten thousand, and he should also vote against the present number.

Mr. MADISON said, that he would not enter at large into this subject, but there was one circumstance in the business which struck him as very strange. It was proposed to raise a new corps, at a bounty of twenty dollars. The present army wanted more than the whole number of this corps to fill up its deficiencies, and yet the proposal for completing them had been rejected. Thus are we to be at the expense of supporting the skeleton of an army. Was it not better to fill up the old corps, than to put ourselves to the inconvenience of raising a new one?

Mr. MCDOWELL rose to correct what had fallen from Mr. AMES, as to the strength of the Indian nations on the South-western frontier. The Choctaws and Chickasaws are, and always have been, friends to the white people, and ready to fight for them. The Creeks and Cherokees do not, at the most, extend to more than seven or eight thousand men.

Mr. CARNES.--The only use that Continental troops can be of is to defend posts; and it has been found, by the experience of several years, that posts do more mischief than service. They are established at a distance of fifteen or twenty miles from each other. The Indian parties slip in between them; and the frontier settlers, depending on the protection of the regulars, are not, as they otherwise would be, upon their guard against the savages. The consequence is, that they are frequently murdered; while the only service performed by the Continentals is, that when the militia pursue the Indians, they are prevented by the former from crossing what is called the line. That is the whole service which they have performed in Georgia. In short, against the Creeks, they are good for nothing. Mr. C. wished that gentlemen would frankly say, once for all, that the Georgians did not deserve protection, and then the State would know what was to be done. He insisted on it, that, in Georgia, there were improper leanings in favor of the Indians. He referred to some persons in office, whom he specified. He believed sincerely that the Senate imagined themselves to be acting for the best; but they could not be such competent judges as persons on the spot. Within the last seven years, there has not been a single instance of an Indian killed by a white man, unless when the Indians themselves began the quarrel. During the last ten or twelve years, there had been stolen from Georgia, horses to the amount of a hundred thousand dollars. These were often the chief property of poor people, who had nothing else to depend on for supporting their families. Gentlemen say that we have one Indian war already. But if you have two hands, both in the fire at once, will you pull out one before the other? The Creeks are a savage and faithless tribe. Some years ago, a treaty was made with them at New York; and this treaty cost, in presents, sixty-one thousand dollars. Well, before the chiefs got home, a fresh set of murders were committed. A set of commissioners were next sent, and this embassy cost perhaps a hundred and fifty thousand dollars more. Gentlemen might talk as they thought fit about Indians; for his own part, he would not give the life of one white man for those of fifty Indians. The militia had been always successful against them, and the regulars had always been beaten; this showed the futility of the present amendment from the Senate. Of the successes of the militia, he gave some striking instances, where they had defeated three or four times their own number. As an evidence of the improper leaning on behalf of the Indians, Mr. C. adverted to what had just happened in Georgia. A gang of savages stole some horses. Lieutenant Hay, with a party of dragoons, pursued them, and fell into an ambuscade, where Mr. Hay and two men were killed. This was the way that the Creeks kept a peace. Soon after, an Indian, being found in the State, was wounded; and in the correspondence read the other day to the House, it was so stated, as if the white people were to blame. It made every drop of blood in his heart boil, to hear what he heard in this city as to the character and conduct of his constituents. As a Representative of Georgia, he _demanded_ effectual aid for that State. If the House did not choose to grant it, he warned them that the Georgians would take measures for themselves. It was needless to speak of economy, after squandering such vast sums as he had mentioned, in the purchase of treaties that were never kept. He was against the amendment of the Senate.

Mr. DAYTON rose to contradict one assertion, which had fallen from the gentleman, viz: that the regulars were always beaten by the Indians. If gentlemen exercised their memories, or attended to historical facts, they would see the contrary. General Sullivan had entered the country of the Six Nations, had defeated them, and destroyed their towns, and since that time they had been looked upon as a subdued people. Mr. D. was himself in the army on that expedition, and a witness to the success of the regulars. He was for the amendment.

The question was put that the House do concur with the Senate in the said amendment, and passed in the negative--yeas 26, nays 42, as follows:

YEAS.--Fisher Ames, David Cobb, Peleg Coffin, Joshua Coit,
Jonathan Dayton, George Dent, Thomas Fitzsimons, Dwight
Foster, Ezekiel Gilbert, Henry Glenn, James Gordon, William
Hindman, Henry Latimer, Amasa Learned, Francis Malbone,
William Vans Murray, Theodore Sedgwick, William Smith,
Zephaniah Swift, Uriah Tracy, Jonathan Trumbull, John E.
Van Allen, Peter Van Gaasbeck, Peleg Wadsworth, Jeremiah
Wadsworth, and John Watts.

NAYS.--Theodorus Bailey, Abraham Baldwin, John Beatty,
Thomas Blount, Thomas P. Carnes, Thomas Claiborne, Isaac
Coles, William J. Dawson, Henry Dearborn, William Findlay,
William B. Giles, James Gillespie, Alexander Gillon,
Nicholas Gilman, Andrew Gregg, Samuel Griffin, William
Barry Grove, Daniel Heister, William Lyman, Nathaniel
Macon, James Madison, Joseph McDowell, Alexander Mebane,
William Montgomery, Andrew Moore, Joseph Neville, John
Nicholas, Alexander D. Orr, Josiah Parker, Francis Preston,
Robert Rutherford, Thomas Scott, John Smilie, Jeremiah
Smith, Thomas Sprigg, Thomas Tredwell, Philip Van
Cortlandt, Abraham Venable, Francis Walker, Benjamin
Williams, Richard Winn, and Joseph Winston.

_Ordered_, That the further consideration of the said amendments be put off till to-morrow.

SATURDAY, June 7.

Mr. THATCHER moved that such members as had received their pay up to Monday next, and then absented themselves, should be ordered next session to return as much as they had received for the days when absent. The motion was ordered to lie on the table.

MONDAY, June 9.

LEMUEL BENTON (from South Carolina) appeared, produced his credentials, and took his seat in the House; the oath to support the Constitution of the United States being first administered to him by Mr. SPEAKER, according to law.

Mr. BENTON (from South Carolina) informed the SPEAKER, that he had been prevented by indisposition in his family, and a long voyage, from attending his duty sooner in that House. This was the day of adjournment, and he wished to inform the House, that he should decline receiving pay for his travelling expenses, or attendance. He was not willing to qualify himself this day, unless it could be noted on the journals that he had refused any compensation. He took the oath.

A message from the Senate informed the House, that the Senate having completed the Legislative business before them, are now about to adjourn until the first Monday in November next: Whereupon, Mr. SPEAKER adjourned the House until the first Monday in November next.[51]

THIRD CONGRESS.--SECOND SESSION.

HELD IN THE CITY OF PHILADELPHIA, NOVEMBER 3, 1794.

PROCEEDINGS IN THE SENATE.

MONDAY, November 3, 1794.

The following Senators appeared, and took their seats:

RALPH IZARD, President _pro tem._, from South Carolina.

JOHN LANGDON and SAMUEL LIVERMORE, from New Hampshire.

GEORGE CABOT, from Massachusetts.

OLIVER ELLSWORTH, from Connecticut.

THEODORE FOSTER, from Rhode Island.

MOSES ROBINSON, from Vermont.

RUFUS KING, from New York.

ROBERT MORRIS, from Pennsylvania.

JOHN BROWN, from Kentucky.

BENJAMIN HAWKINS, from North Carolina.

The number assembled not being sufficient to constitute a quorum to do business, the Senate adjourned to 11 o'clock to-morrow morning.

TUESDAY, November 4.

The Senate assembled: present as yesterday. JOHN VINING, from the State of Delaware, attended.

MONDAY, November 10.

The Senate assembled: present as on the 7th; and

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

ALEXANDER MARTIN, from the State of North Carolina, and JAMES JACKSON, from the State of Georgia, severally attended.

The number assembled not being sufficient to constitute a quorum to do business, the Senate adjourned to 11 o'clock to-morrow morning.

TUESDAY, November 11.

The Senate assembled: present as yesterday; and WILLIAM BRADFORD, from the State of Rhode Island, attended.

MONDAY, November 17.

The Senate assembled: present as on Friday.

The number assembled not being sufficient to form a quorum, the VICE PRESIDENT was requested by the Senators present, to write a letter to each of the absent Senators, stating that a fortnight has already elapsed without the formation of a Senate, and urging their immediate attendance as necessary to enable Congress to commence the business of the session.

The Senate adjourned to 11 o'clock to-morrow morning.

TUESDAY, November 18.

AARON BURR, from New York, appeared to-day, which formed a quorum, and enabled the Senate to proceed to business.

Messages were accordingly exchanged between the two Houses, and a joint committee was appointed to wait on the PRESIDENT OF THE UNITED STATES, to inform him that a quorum of the two Houses is assembled, and are ready to receive any communications that he may be pleased to make to them.

Mr. IZARD, from the joint committee appointed for the purpose, reported that the PRESIDENT would meet the two Houses in the Representatives' Chamber at 12 o'clock to-morrow.

WEDNESDAY, November 19.

JOHN EDWARDS, from Kentucky, this day attended.

The Senate agreeably to appointment attended in the House of Representatives, in order to receive the PRESIDENT's communications; and, on their return, the PRESIDENT's Speech was read, as follows:

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

When we call to mind the gracious indulgence of Heaven, by
which the American people became a nation; when we survey
the general prosperity of our country, and look forward to
the riches, power, and happiness, to which it seems
destined; with the deepest regret do I announce to you,
that, during your recess, some of the citizens of the
United States have been found capable of an insurrection.
It is due, however, to the character of our Government, and
to its stability, which cannot be shaken by the enemies of
order, freely to unfold the course of this event.

During the session of the year one thousand seven hundred
and ninety, it was expedient to exercise the Legislative
power, granted by the Constitution of the United States,
"to lay and collect excises." In a majority of the States,
scarcely an objection was heard to this mode of taxation.
In some, indeed, alarms were at first conceived, until they
were banished by reason and patriotism. In the four western
counties of Pennsylvania, a prejudice, fostered and
embittered by the artifice of men, who labored for an
ascendency over the will of others, by the guidance of
their passions, produced symptoms of riot and violence. It
is well known, that Congress did not hesitate to examine
the complaints which were presented; and to relieve them,
as far as justice dictated, or general convenience would
permit. But the impression which this moderation made on
the discontented, did not correspond with what it deserved.
The arts of delusion were no longer confined to the efforts
of designing individuals. The very forbearance to press
prosecutions was misinterpreted into a fear of urging the
execution of the laws; and associations of men began to
denounce threats against the officers employed. From a
belief, that, by a more formal concert, their operation
might be defeated, certain self-created societies assumed
the tone of condemnation. Hence, while the greater part of
Pennsylvania itself were conforming themselves to the acts
of excise, a few counties were resolved to frustrate them.
It was now perceived, that every expectation from the
tenderness which had been hitherto pursued was unavailing,
and that further delay could only create an opinion of
impotency or irresolution in the Government. Legal process
was therefore delivered to the Marshal against the rioters
and delinquent distillers.

No sooner was he understood to be engaged in this duty,
than the vengeance of armed men was aimed at _his_ person,
and the person and property of the Inspector of the
Revenue. They fired upon the Marshal, arrested him, and
detained him, for some time as a prisoner. He was obliged,
by the jeopardy of his life, to renounce the service of
other process, on the west side of the Alleghany Mountain;
and a deputation was afterwards sent to him to demand a
surrender of that which he _had_ served. A numerous body
repeatedly attacked the house of the Inspector, seized his
papers of office, and finally destroyed by fire his
buildings and whatsoever they contained. Both of these
officers, from a just regard to their safety, fled to the
seat of Government; it being avowed, that the motives to
such outrages were to compel the resignation of the
Inspector; to withstand by force of arms the authority of
the United States; and thereby to extort a repeal of the
laws of excise, and an alteration in the conduct of
Government.

Upon the testimony of these facts, an Associate Justice of
the Supreme Court of the United States notified to me that
"in the counties of Washington and Alleghany, in
Pennsylvania, laws of the United States were opposed, and
the execution thereof obstructed, by combinations too
powerful to be suppressed by the ordinary course of
judicial proceedings, or by the powers vested in the
Marshal of that district." On this call, momentous in the
extreme, I sought and weighed what might best subdue the
crisis. On the one hand, the Judiciary was pronounced to be
stripped of its capacity to enforce the laws; crimes, which
reached the very existence of social order, were
perpetrated without control; the friends of government were
insulted, abused, and overawed into silence, or an
apparent acquiescence; and, to yield to the treasonable
fury of so small a portion of the United States would be to
violate the fundamental principle of our constitution,
which enjoins that the will of the majority shall prevail.
On the other, to array citizen against citizen, to publish
the dishonor of such excesses, to encounter the expense,
and other embarrassments, of so distant an expedition, were
steps too delicate, too closely interwoven with many
affecting considerations, to be lightly adopted. I
postponed, therefore, the summoning the militia immediately
into the field; but, I required them to be held in
readiness, that, if my anxious endeavors to reclaim the
deluded, and to convince the malignant of their danger,
should be fruitless, military force might be prepared to
act, before the season should be too far advanced.

My Proclamation of the 7th of August last was accordingly
issued, and accompanied by the appointment of
commissioners, who were charged to repair to the scene of
insurrection. They were authorized to confer with any
bodies of men or individuals. They were instructed to be
candid and explicit in stating the sensations which had
been excited in the Executive, and his earnest wish to
avoid a resort to coercion; to represent, however, that,
without submission, coercion _must_ be the resort; but to
invite them, at the same time, to return to the demeanor of
faithful citizens, by such accommodations as lay within the
sphere of Executive power. Pardon, too, was tendered to
them by the Government of the United States, and that of
Pennsylvania, upon no other condition than a satisfactory
assurance of obedience to the laws.

Although the report of the commissioners marks their
firmness and abilities, and must unite all virtuous men, by
showing that the means of conciliation have been exhausted,
all of those who had committed or abetted the tumults did
not subscribe the mild form which was proposed as the
atonement; and the indications of a peaceable temper were
neither sufficiently general nor conclusive to recommend or
warrant the further suspension of the march of the militia.

Thus, the painful alternative could not be discarded. I
ordered the militia to march--after once more admonishing
the insurgents, in my Proclamation of the 25th of September
last.

It was a task too difficult to ascertain with precision the
lowest degree of force competent to the quelling of the
insurrection. From a respect, indeed, to economy, and the
ease of my fellow-citizens belonging to the militia, it
would have gratified me to accomplish such an estimate. My
very reluctance to ascribe too much importance to the
opposition, had its extent been accurately seen, would have
been a decided inducement to the smallest efficient
numbers. In this uncertainty, therefore, I put into motion
fifteen thousand men, as being an army which, according to
all human calculation, would be prompt and adequate in
every view, and might, perhaps, by rendering resistance
desperate, prevent the effusion of blood. Quotas had been
assigned to the States of New Jersey, Pennsylvania,
Maryland, and Virginia; the Governor of Pennsylvania having
declared, on this occasion, an opinion which justified a
requisition to the other States.

Among the discussions which may arise from this aspect of
our affairs, and from the documents which will be submitted
to Congress, it will not escape their observation, that not
only the Inspector of the Revenue, but other officers of
the United States in Pennsylvania, have, from their
fidelity in the discharge of their functions, sustained
material injuries to their property. The obligation and
policy of indemnifying them are strong and obvious. It may
also merit attention, whether policy will not enlarge this
provision to the retribution of other citizens, who, though
not under the ties of office, may have suffered damage by
their generous exertions for upholding the constitution and
the laws. The amount, even if all the injured were
included, would not be great; and, on future emergencies,
the Government would be amply repaid by the influence of an
example, that he who incurs a loss in its defence, shall
find a recompense in its liberality.

While there is cause to lament that occurrences of this
nature should have disgraced the name, or interrupted the
tranquillity of any part of our community, or should have
diverted, to a new application, any portion of the public
resources, there are not wanting in real and substantial
consolations for the misfortune. It has demonstrated, that
our prosperity rests on solid foundations; by furnishing an
additional proof, that my fellow-citizens understand the
true principles of government and liberty; that they feel
their inseparable union; that notwithstanding all the
devices which have been used to sway them from their
interest and duty, they are now as ready to maintain the
authority of the laws against licentious invasions, as they
were to defend their rights against usurpation. It has been
a spectacle, displaying to the highest advantage the value
of Republican government, to behold the most and the least
wealthy of our citizens standing in the same ranks, as
private soldiers, pre-eminently distinguished by being the
army of the constitution; undeterred by a march of three
hundred miles over rugged mountains, by the approach of an
inclement season, or by any other discouragement. Nor ought
I to omit to acknowledge the efficacious and patriotic
co-operation which I have experienced from the Chief
Magistrates of the States to which my requisitions have
been addressed.

To every description of citizens, indeed, let praise be
given. But let them persevere in their affectionate
vigilance over that precious depository of American
happiness, the Constitution of the United States. Let them
cherish it, too, for the sake of those who, from every
clime are daily seeking a dwelling in our land. And when,
in the calm moments of reflection, they shall have retraced
the origin and progress of the insurrection, let them
determine whether it has not been fomented by combinations
of men, who, careless of consequences, and disregarding the
unerring truth that those who rouse cannot always appease a
civil convulsion, have disseminated, from an ignorance or
perversion of facts, suspicions, jealousies, and
accusations, of the whole Government.

The intelligence from the army under the command of General
Wayne is a happy presage to our military operations against
the hostile Indians north of the Ohio. From the advices
which have been forwarded, the advance which he has made
must have damped the ardor of the savages, and weakened
their obstinacy in waging war against the United States.
And yet, even at this late hour, when our power to punish
them cannot be questioned, we shall not be unwilling to
cement a lasting peace, upon terms of candor, equity, and
good neighborhood.

Towards none of the Indian tribes have overtures of
friendship been spared. The Creeks, in particular, are
covered from encroachment by the interposition of the
General Government, and that of Georgia. From a desire,
also, to remove the discontents of the Six Nations, a
settlement meditated at Presqu'isle, on Lake Erie, has been
suspended; and an agent is now endeavoring to rectify any
misconception into which they may have fallen. But I cannot
refrain from again pressing upon your deliberations the
plan which I recommended at the last session, for the
improvement of harmony with all the Indians within our
limits, by the fixing and conducting of trading houses upon
the principles then expressed.

_Gentlemen of the House of Representatives:_

The time which has elapsed since the commencement of our
fiscal measures has developed our pecuniary resources, so
as to open the way for a definitive plan for the redemption
of the public debt. It is believed that the result is such
as to encourage Congress to consummate this work without
delay. Nothing can more promote the permanent welfare of
the nation, and nothing would be more grateful to our
constituents. Indeed, whatsoever is unfinished of our
system of public credit, cannot be benefited by
procrastination; and, as far as may be practicable, we
ought to place that credit on grounds which cannot be
disturbed, and to prevent that progressive accumulation of
debt, which must ultimately endanger all governments.

An estimate of the necessary appropriations, including the
expenditures into which we have been driven by the
insurrection, will be submitted to Congress.

G. WASHINGTON.

UNITED STATES, _November_ 19, 1794.

_Ordered_, That Messrs. KING, ELLSWORTH, and IZARD, be a committee to report the draft of an Address to the PRESIDENT OF THE UNITED STATES, in answer to his Speech this day to both Houses of Congress.

THURSDAY, November 20.

Mr. KING, from the committee, reported an Address to the PRESIDENT OF THE UNITED STATES, in reply to his Speech of the 19th to both Houses of Congress, which was read.

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

FRIDAY, November 21.

The Senate took into consideration the report of the committee, in reply to the Speech of the PRESIDENT OF THE UNITED STATES to both Houses of Congress at the opening of the session; and it was agreed to consider the report in paragraphs.

On motion of Mr. BURR, seconded by Mr. JACKSON, to expunge these words:

"Our anxiety, arising from the licentious and open
resistance to the laws in the western counties of
Pennsylvania, has been increased by the proceedings of
certain self-created societies, relative to the laws and
administration of the Government; proceedings, in our
apprehension, founded in political error, calculated, if
not intended, to disorganize our Government, and which, by
inspiring delusive hopes of support, have been influential
in misleading our fellow-citizens in the scene of
insurrection:"

It passed in the negative.

On motion to amend the paragraph respecting the army, under the command of General Wayne, to be read as follows:

"The pleasure with which we learn the success of the
Western Army under the command of General Wayne, is
enhanced by the hope, that their victories will lay the
foundation of a just and durable peace with the _Indian_
tribes:"

It passed in the negative.

On motion to strike out of the paragraph respecting the Western Army, the words, "General and," it passed in the negative.

And the several paragraphs reported by the committee being agreed to, the report was adopted, as follows:

SIR: We receive with pleasure your Speech to the two Houses
of Congress. In it we perceive renewed proofs of that
vigilant and paternal concern for the prosperity, honor,
and happiness of our country, which has uniformly
distinguished your past administration.

Our anxiety arising from the licentious and open resistance
to the laws in the western counties of Pennsylvania, has
been increased by the proceedings of certain self-created
societies, relative to the laws and administration of the
Government; proceedings, in our apprehension, founded in
political error, calculated, if not intended, to
disorganize our Government, and which, by inspiring
delusive hopes of support, have been influential in
misleading our fellow-citizens in the scene of
insurrection.

In a situation so delicate and important, the lenient and
persuasive measures which you adopted merit and receive our
affectionate approbation. These failing to produce their
proper effect, and coercion having become inevitable, we
have derived the highest satisfaction from the enlightened
patriotism and animating zeal with which the citizens of
New Jersey, Pennsylvania, Maryland, and Virginia, have
rallied around the standard of Government, in opposition to
anarchy and insurrection.

Our warm and cordial acknowledgments are due to you, sir,
for the wisdom and decision with which you arrayed the
militia, to execute the public will; and to them, for the
disinterestedness and alacrity with which they obeyed your
summons.

The example is precious to the theory of our Government,
and confers the brightest honor upon the patriots who have
given it.

We shall readily concur in such farther provisions for the
security of internal peace and a due obedience to the laws,
as the occasion manifestly requires.

The effectual organization of the militia, and a prudent
attention to the fortifications of our ports and harbors,
are subjects of great national importance, and together
with the other measures you have been pleased to recommend,
will receive our deliberate consideration.

The success of the troops under the command of General
Wayne cannot fail to produce essential advantages. The
pleasure with which we acknowledge the merits of that
gallant General and army, is enhanced by the hope that
their victories will lay the foundation of a just and
durable peace with the Indian tribes.

At a period so momentous in the affairs of nations, the
temperate, just, and firm policy that you have pursued, in
respect to foreign powers, has been eminently calculated to
promote the great and essential interest of our country,
and has created the fairest title to the public gratitude
and thanks.

JOHN ADAMS,

_Vice President of the United States,
and President of the Senate_.