the whole business, he could have no doubt, but as Pennsylvania had offered the money, he would vote for Germantown.

Thus fell our hopes. This unwarranted offer of the money knocked down the Susquehanna. It was now near four o'clock, and an adjournment was called for and took place.

25th September. A good deal unwell, but attended the Hall. The Secretary had omitted the first question on the striking out of the Susquehanna, and the reconsideration. He, however, corrected it

himself, afterwards, with the leave of the House.

Carroll now moved to strike out the residence being in New York until the Federal buildings should be erected. I determined to leave myself free from any obligation to stay in New York, and voted with him, more especially as I was free from all obligation whatever.

Mr. Morris now began to dress the bill, but seemed slack about the one hundred thousand dollars. He was called on from the chair, however, and sundry parts of the House to bring it forward. I was very unwell, and left him to dress his own child as he pleased, and came home.

This evening Mr. Scott called to see me. He said Mr. Morris, Mr. Clymer, and Mr. Fitzsimmons, assured him that the Yorkers and New England men would pass the bill, and that they, the Pennsylvanians, Mr. C. and F., had promised that Congress should stay three years in New York. Mr. Wynkoop then said that they had made such a bargain. I told them that was the first account I had heard of the matter. I expressed my doubts of their sincerity. Wynkoop was sure of them, and that he could depend on them, &c.

26th. Very unwell this day, but dressed, and went to the Hall. Sat some time. The appropriation bill was taken up. And now Col. Schuyler brought forward an account of $8,000, expended by Mr. Osgood, in repairing and furnishing at the house which the President lives in.

When I first went into the Senate Chamber this morning, the Vice President, Ellsworth, and Ames stood together, railing against the vote of adherence in the House of Representatives on throwing out the words the President, in the beginning of the Federal writs. I really thought them wrong, but as they seemed very opinionated, I did not contradict them. This is only a part of their old system of giving the President, as far as possible, every appendage of royalty. The original reason of the English writs running in the king's name, was his being personally in court, and English jurisprudence still supposes him to be so. But with us, it seems rather confounding the executive and judicial branches. Ames left them, and they

seemed rather to advance afterwards. Said the President, personally, was not subject to any process whatever; could have no action, whatever, brought against him; was above the power of all judges, justices, &c. For, what, said they, would you put it in the power of a common justice to exercise any authority over him, and stop the whole machine of government.

I said, that although President, he was not above the laws. Both of them declared you could only impeach him, and no other process whatever lay against him.

I put the case: Suppose the President committed murder in the street. Impeach him? But you can only remove him from office on impeachment. Why, when he is no longer President you can indict him. But, in the meanwhile he runs away.

But I will put another case. Suppose he continues his murders daily, and neither House is sitting to impeach him?

Oh the people would rise and restrain him. Very well; you will allow the mob to do what the loyal justice must abstain from. Mr. Adams said I was arguing from cases nearly impossible. There had been some hundreds of crowned heads within these two centuries in Europe, and there was no instance of any of them having committed murder.

Very true, in the retail way, Charles the IX, of France, excepted. They generally do these things on the great scale. I am, however, certainly within the bounds of possibility, though it may be very improbable.

General Schuyler joined us. What think you, General, said I, by way of giving the matter a different turn, I am not a good civilian, but I think the President a kind of sacred person.

Bravo, my jure divino man.

Not a word of the above is worth minuting, but it shows clearly how amazingly fond of the old leaven many people are. I needed no index, however, of this kind, with respect to John Adams.

September 28. Went to the Hall. Sat a little while, but had to get up and walk in the machinery-room. Viewed the pendulum mill, a model of which stands here. It really seems adapted to do business. Returned and sat awhile with the Senate, but retired and came home to my lodgings. Sincerely hope an adjournment will take place to-morrow. The pay list is making out, which seems likely to finish the business.

Mr. Wynkoop came in the highest joy. All was well. Germantown, happy Germantown, has got the Congress. He ravished up his dinner, got his trunk and boots, and away with him to tell the glorious news.

ト

I have just been thinking how impossible it is for the Yorkers to be so blind as to let Congress go away in the manner Wynkoop says they have done. If the lower House have really passed the bill, the Yorkers have no resource but in the President. I am greatly surprised at this day's work.

I have opened the book, and taken up my pen to wipe away the surprise above mentioned. Parson Linn has just told me that some trifling amendment was tacked to the bill, just sufficient to send it up to the Senate, and the Senate have thrown it out; and with the consent of the Philadelphians, too, I suppose.

Just as I was leaving the Hall, Izard took me aside. Asked me to stay. Said a trifling amendment will be made in the lower House, just enough to bring it up here, and we will throw it out. I told him I wished nothing so much as to see an end of the business. I was not able to attend, but if I was, could not be with him on this question. Well, then, you must not tell Morris of this. I was just going away, and said I will not.

In relation to the amendment to the residence bill, it appears from the debates in the House of Representatives, that when the amendments proposed by the Senate to the residence bill were before the House, on Monday, the 28th of September, Mr. Madison contended that the amendment proposed by the Senate, was a departure from every principle adopted by the House, but he would not trouble them with a recapitulation of arguments. He wished, however, that the House would provide against one inconvenience, which was, to prevent the district in Pennsylvania, chosen by Congress, from being deprived for a time of the benefit of the laws. This, he apprehended, would be the case, unless Congress made provision for the operation of the laws of Pennsylvania, in the act by which they accepted of the cession of that State, for the State relinquished the right of legislation from the moment that Congress accepted of the district. The propriety of this proposition, he observed, was so apparent, that he had not a doubt but the House would consent to it. He then moved the following proviso: "And provided, that nothing herein contained shall be construed to affect the operation or the laws of Pennsylvania, within the district ceded and accepted, until Congress shall otherwise provide by law."

Mr. Livermore objected to this motion, because he supposed there was no necessity for it.

The question was then taken: Does the House agree to the amendment? And was decided in the affirmative. The yeas and nays being demanded, and were as follows:

YEAS-Messrs. Ames, Cadwalader, Clymer, Fitzsimmons, Floyd,

Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, Huntington, Lawrence, Leonard, Livermore, Muhlenberg, Partridge, Van Rensselaer, Schureman, Scott, Sherman, Sylvester, Sinnickson, Thatcher, Trumbull, Vining, Wadsworth, and Wynkoop31.

NAYS-Messrs. Baldwin, Bland, Boudinot, Brown, Burke, Carroll, Coles, Contee, Gale, Griffin, Jackson, Lee, Madison, Matthews, Moore, Page, Parker, Seney, Smith, (of Maryland,) Smith, (of South Carolina,) Stone, Sumter, Tucker, and White-24.

From the Senate Journal it appears that, on the 28th September, a message from the House of Representatives brought up the bill for establishing a permanent seat of Government; and informed the Senate that the House had concurred in the amendments thereto, with the following amendment : "And provided that nothing herein contained shall be construed to affect the operation of the laws of Pennsylvania within the district ceded and accepted, until Congress shall otherwise provide by law."

After some other business was attended to, a motion was made that the further consideration of the above bill be postponed to the next session of Congress; and it passed in the affirmative.

29th. Came to the Hall. Saw Mr. Morris. I did not envy him his feelings. I determined not to say a word to him, save the salutation of good morning; which passed mutually between us. To praise his management was impossible. I could not sit in the Senate. Came out, and reclined, as well a I could, in the little committee-room. Ellsworth came out in a little time. I asked him if the business was got through in Senate. He said yes. I then went to the Treasury, drew my pay, discharged my lodgings, took a place in the stage, and set off for Philadelphia.

The Senate was adjourned on the 26th September, until the first Monday in January, 1790, then to meet at the City Hall, in New York.

SECOND SESSION OF THE FIRST SENATE.

January, 1790. Arrived at New York late on the 5th, and went to lodge at the same house with the Speaker of the House of Representatives, Frederick A. Muhlenberg, and Peter A. Muhlenberg, his brother.

6th. Attended at the Hall, and my presence completed a quorum. A letter from the President of the United States was received, de-► siring to be informed of the time a quorum would be formed, &c. Was committed to Izard and Strong. Nothing else of any consequence. Adjourned.

7th. Attended as usual. When the minutes were read, Mr. King rose and made a motion to amend the journals of yesterday with respect to the President's letter, by striking out a part, and inserting a clause which he held in his hand.

Strong and Dalton moved to have the word honorable struck out from before the names of the members. Lost. Motion for leave to protest, by Butler, not seconded.

Strong and Izard reported that the President would attend in the Senate chamber at eleven o'clock to-morrow.

A resolution of the Representatives for appointment of a chaplain was concurred in, and the bishop appointed on the part of the Senate.

This day, at and after dinner, I thought uncommon pains were taken to draw from me some information as to the part I would act respecting the Federal residence. The whole world is a shell, and we tread on hollow ground every step. I repeatedly said, I have marked out no ground for myself. My object shall be the interest of Pennsylvania, subordinate to the good of the Union.

Mr. Wynkoop called in the evening. He was directly on the subject of the permanent residence. Susquehanna must never be thought of. He repeated this sentiment more than once. To have been silent would have implied consent to it. I said for my part I should think of Susquehanna, and I considered Mr. Morris' conduct in destroying the bill for that place as the greatest political misfortune that ever befel that State.