to said bill, and that a conference be desired on the disagreeing votes of the two Houses, and that Messrs. KING, ELLSWORTH, and POTTS, be managers at the same on the part of the Senate. A message from the House of Representatives informed the Senate, that the House agree to the proposed conference, on the disagreeing votes of the two Houses, on the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers," and have appointed managers at the same on their part. The bill, sent from the House of Representatives for concurrence, entitled "An act making appropriations for certain purposes therein expressed," was read; and it was agreed to dispense with the rule, and that this bill be now read the second time. Ordered, That this bill be referred to Messrs. CABOT, ROSS, and ELLSWORTH, to consider and report thereon to the Senate. [SENATE. sidered in paragraphs, it passed in the negative— yeas 7, nays 12, as follows: YEAS.-Messrs. Brown, Burr, Hawkins, Henry, Jackson, Martin, and Ross. NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, King, Livermore, Morris, Potts, Rutherfurd, and Vining. And so the bill was rejected. A message from the House of Representatives informed the Senate, that the House have passed a "resolve directing the respective Clerks of the District Courts of the United States to return copies of the tables of fees payable in the Supreme or Superior Court of the State in which he resides, to the Attorney General;" in which they desire the concurrence of the Senate. The resolve last brought from the House of Representatives for concurrence was read. Resolved, That the Senate concur therein. A message from the House of Representatives The report of the committee to whom was re-informed the Senate, that the House of Repreferred the bill, entitled "An act providing for the payment of a certain sum of money due to the French Republic," was read, as follows: “It appears, by a statement of the account between the United States and France, reported to the House of Representatives, that, according to the view which is entertained at the Treasury of that account, the United States, on the first day of January, 1794, were in ad vance to France the sum of two millions one hundred eleven thousand and eighty-six livres tournois and five deniers (being $383,162 11) beyond the instalments of principal and all interest which had accrued to that period. "It further appears, upon inquiry at the Treasury, that, since that period, there has been advanced on account of our Debt to France the further sum of seventyone thousand two hundred and forty-two dollars and eighty-one cents. "And it appears, likewise, from the papers referred to the committee, that the President has promised further payment upon the same account of 1,500,000 livres on the third of September next, and of 1,000,000 of livres on the 5th of November next, making together 453,750 dollars, which payments, it is understood, may be anticipated at the Bank of the United States, in the portions and at the epochs which are desired by the Minister of the French Republic. pro "These sums embrace all the parts of principal which, by contract, would become payable to France during the year 1794; beyond which, were there no anticipations, nothing would be demandable during the present year but the interest on the balance of the entire Debt, which balance, on the first day of January, 1794, is computed at the Treasury at $2,611,587 88; whence it results that the payments which have been made, and engaged to be made, exceed those which by the terms of contract could be demanded. sentatives have passed a bill, entitled "An act making an extra allowance to certain clerks in the public offices, and to the widows and families of certain deceased clerks." They have appointed a committee to join such committee as shall be appointed on the part of the Senate, to wait on the PRESIDENT OF THE UNITED STATES, and notify him of the proposed recess of Congress. The Senate proceeded to the consideration of the resolution last mentioned; and, Resolved, That they do concur therein, and that Messrs. VINING and KING be the committee on the part of the Senate. The bill sent from the House of Representatives for concurrence, entitled "An act making an extra allowance to certain clerks in the public offices, and to the widows and families of certain deceased clerks," was read; and it was agreed, by unanimous consent, to dispense with the rule, and that the bill be now read the second time. Ross, BRADFORD, and MORRIS, to consider and Ordered, That this bill be referred to Messrs. report thereon to the Senate. Mr. Ross, from the committee last mentioned, reported that the consideration of this bill be postponed until the next session of Congress; and the report was adopted. Whereupon, Resolved, That this bill do not pass. Mr. ELLSWORTH, from the committee to whom was referred the petition of George Nixon and others, clerks in the Auditor's office, reported a bill, which was read, and the rule was dispensed with by unanimous consent, and the bill was read the second time. On motion to amend the bill, it passed in the "This being the case, and the Loan in question hav-negative, and the bill being read by paragraphs, it ing been in its origin specifically appropriated to the was ordered to a third reading. purpose of the Sinking Fund; "It is the opinion of the committee, that it is not advisable to divert it from its destination, as is proposed by the bill referred to them; and consequently, that the bill should not pass.' On motion, it was agreed to adopt the report of the committee. On motion, that the bill last reported on be con A message from the House of Representatives informed the Senate, that the House of Representatives agree to some amendments, agree to some amendments with amendments, and disagree to other amendments, of the Senate on the bill, entitled "An act making certain alterations in the act for establishing the Judicial Courts, and altering the time and place of holding certain Courts." Proceedings. The Senate proceeded to consider the resolution of the House of Representatives on the bill last mentioned; and, Resolved, That they agree to the amendments of the House of Representatives to their amendments, and recede from their own amendments to the fourth section of the said bill. Mr. VINING reported, from the joint committee, that they had waited on the PRESIDENT OF THE UNITED STATES, and acquainted him with the intended recess of Congress on the 9th instant. Mr. KING, from the managers at the conference on the disagreeing votes of the two Houses on the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers," reported that they could come to no agreement with the managers on the part of the House of Representatives. A message from the House of Representatives informed the Senate, that the House adhere to their disagreement to the amendments of the Senate to the bill, entitled "An act for the more effectual protection of the Southwestern frontier settlers." Resolved, That the Senate adhere to their amendments to the bill last mentioned. So the bill was lost. Mr. CABOT, from the committee to whom was referred the bill, entitled "An act making appropriations for certain purposes therein expressed," reported that the bill pass without amendment; which report was adopted: and, the bill being read in paragraphs, it was ordered to a third reading. MONDAY, June 9. On motion, the rule was, by unanimous consent, dispensed with, and Mr. KING obtained permission to introduce a bill for the more effectual protection of the Southwestern frontiers; and the bill had its first and second reading. On the question to agree to the first section of the bill, which is as follows: [JUNE, 1794. shall be assembled or embodied in arms, upon any land "And be it further enacted, That all persons who any State, or of the said Territory South of the Ohio, belonging to Indians, out of the ordinary jurisdiction of for the purpose of warring against the Indians, or of committing depredations upon any Indian town, or perject to the Rules and Articles of War which are, or shall sons or property, shall thereby become liable and subbe established for the government of the troops of the United States," For the purpose of substituting the following: follows: YEAS.-Messrs. Brown, Burr, Frelinghuysen, Gunn, Hawkins, King, Livermore, Morris, Potts, Rutherfurd, NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, and Vining. time by unanimous consent, it was not agreed to. On motion that this bill be now read a third in the Auditor's office, was read the third time, The bill for the further compensation of clerks and passed. tives for concurrence, entitled "An act making apThe bill sent from the House of Representapropriations for certain purposes therein expressed," was read the third time, and passed. Houses, that Congress adjourn on this day, and to On motion to rescind the resolution of both agree to adjourn on Wednesday next, it passed in the negative. "Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, unless it shall be the opinion of the President of the United States, that a regiment of the troops heretofore authorized to be raised, may, consistently with the good of the public service, be employed for the protection of the Southwestern frontier, he be, and hereby is, authorized to cause to be raised for three years, unless sooner discharged, within the States of Georgia, South Carolina, North Carolina, the Territory South of the Ohio, and the State of Virginia, an additional regiment of infantry, consisting of one thousand one hundred and forty non-commissioned officers, musicians, and privates, and solely to appoint the commissioned officers thereof, and to organize the same accord-informed the Senate, that the House, having finished ing to the present Military Establishment:" A message from the House of Representatives It passed in the affirmative-yeas 15, nays 4, as follows: YEAS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Hawkins, Henry, Jackson, King, Livermore, Morris, Potts, Rutherfurd, and Vining. NAYS.-Messrs. Brown, Burr, Martin, and Ross, On motion by Mr. JACKSON, to postpone the last section of the bill, which is as follows: from the Treasurer of the United States, with his The PRESIDENT laid before the Senate a Letter specie account for the quarter ending the 31st of March last; which were read, and ordered to lie for consideration. the business of the session, are about to adjourn. Ordered, That the Secretary notify the House finished the business of the session, are about to of Representatives, that the Senate likewise, having adjourn; and, he having reported that he had delivered the message, the PRESIDENT of the Senate, adjourned the Senate to the day appointed by law conformably to the resolution of the 5th instant, for the next meeting of Congress. PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE FIRST SESSION OF THE THIRD CONGRESS, BEGUN AND HELD AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793. SMITH. From Virginia.-WILLIAM B. GILES, CARTER B. HARRISON, JOHN HEATH, RICHARD BLAND LEE, JAMES MADISON, ANDREW MOORE, ANTHONY NEW, JOHN NICHOLAS, FRANCIS PRESTON, ROBERT RUTHERFORD, ABRAHAM VENABLE, and FRANCIS WALKER. From Kentucky.-CHRISTOPHER GREENUP. From North Carolina.-THOMAS BLOUNT, WILLIAM JOHNSON DAWSON, MATTHEW LOCKE, NATHANIEL MACON, and ALEXANDER MEBANE. From South Carolina.-WILLIAM SMITH. From Georgia.-ABRAHAM BALDWIN and THOMAS P. CARNES. A quorum of the members being present, the House proceeded to ballot for a Speaker, when it appeared that FREDERICK A. MUHLENBERG, one of the members from Pennsylvania, was elected; whereupon, he was conducted to the Chair, and made his acknowledgments to the House. The House then proceeded, in the same manner, to the appointment of a Clerk, when JoHN BECKLEY was appointed. The usual oath was then administered to the members. Houses, announcing their formation and readiness Messages were interchanged between the two to proceed to business. Joseph Wheaton was appointed Sergeant-atArms, Gifford Dally as Doorkeeper, and Thomas Claxton as Assistant Doorkeeper. Houses to wait on the PRESIDENT OF THE United A joint committee was appointed by the two STATES, to inform him that a quorum of the two Houses is assembled, and ready to receive any communication that he may think proper to make to them. nominations, be appointed, one by each House, to Resolved, That two Chaplains, of different deinterchange weekly. Resolved, That a standing Committee of Elections be appointed; also a committee to report rules and orders of proceeding. TUESDAY, December 3. JOSEPH MCDOWELL and BENJAMIN WILLIAMS, from North Carolina, appeared and took their seats. A message from the Senate announced their readiness to receive the communication from the PRESIDENT OF THE UNITED STATES. The SPEAKER and members withdrew to the Senate Cham ber, where the PRESIDENT attended and delivered his Speech to the two Houses, which will be found in the proceedings of the Senate, page 10. On the return of the members, the Speech was committed to a Committee of the Whole. A Message was received from the PRESIDENT, with a copy of his Proclamation and of the Rules prescribed by him for the government of the Executive Officers in executing the Treaties between the United States and Foreign Powers, referred to in the PRESIDENT's Speech. [For copies of these papers, see the Appendix.] The Senate informed the House that they had appointed the Right Reverend Bishop WHITE Chaplain. And the House proceeded to elect their Chap 136 H. OF R.] Proceedings. [DECEMBER, 1793. lain. The Reverend ASHBEL GREEN was their present of $10,000, if the hostile tribes should agree choice. WEDNESDAY, December 4. to terms. They were instructed to prevent, if possible, a confederacy of the Indians; to secure and explain the nature of our right of pre-emption PELEG COFFIN, Jr., from Massachusetts; WIL- the treaty as mediators; they might, however, to their lands, and to admit no British agents to LIAM MONTGOMERY, from Pennsylvania; and WIL-attend the treaty as spectators, as the United States, LIAM VANS MURRAY, from Maryland, appeared, wishing to deal fairly with the Indian tribes, and produced their credentials, and took their seats in secure an honorable peace, did not care who witthe House; the oath to support the Constitution nessed the transaction. of the United States being first administered to them by the SPEAKER, according to law. The House resolved itself into a Committee of the Whole House on the Speech of the PRESIDENT OF THE UNITED STATES to both Houses of Congress; and, after some time spent therein, the Chairman reported that the Committee had had the said Speech under consideration, and come to a resolution thereupon; which was twice read, and agreed to by the House, as follows: Resolved, That it is the opinion of this Committee that a respectful Address ought to be presented by the House of Representatives to the PRESIDENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress, at the commencement of this session, containing assurances that this House will take into consideration the various and important matters recommended to their attention. Ordered, That Messrs. MADISON, SEDGWICK, WATTS, HARTLEY, and SAMUEL SMITH, be appointed a committee to prepare an Address ant to the said resolution. pursu Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said Speech. A petition of Henry Latimer, of the State of Delaware, was presented to the House and read, complaining of an undue election and return of JOHN PATTON, to serve as a member of this House for the said State. Ordered, That the said petition do lie on the table. TREATY WITH THE INDIANS. A communication was received from the War Department, consisting of a copy of the instructions given to the Commissioners for treating with the Indians North of the Ohio; the Journal of those Commissioners, and a list of the officers in the service of the United States. Some objection was at first made to reading the two first communications, but was afterwards waived. peo The instructions were then read. They premise, that it appears a great majority of the ple of the United States are averse to the Indian war, and wish for peace with the savages if it can be obtained on just and honorable terms. They contemplate the treaty at Fort Harmar as valid, and the sales made there, good. They propose offering the hostile Indians, if they should come to terms of accommodation, the guarantee of the United States against any impositions of her citiThe Commissioners were empowered to promise $50,000 worth of goods, and an annual zens. Some objections were started to reading the was known. After a short conversation upon the Journal with open galleries until the nature of it propriety of reading it privately, a motion to adjourn was made and carried. THURSDAY, December 5. FISHER AMES and DWIGHT FOSTER, from Masappeared, produced their credentials, and took sachusetts; and NATHANIEL NILES, from Vermont, their seats. communicated by the Secretary of War, yesterThe House resumed the reading of the papers day, and went through the same. the Committee of the Whole House on the state PRESIDENT OF THE UNITED STATES: of the House of Representatives: Europe, and especially of those with which the United As the present situation of the several Nations of state of things, between them and us, matter of inteStates have important relations, cannot but render the resting 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 have manifested, generally, a friendly attachment to this them certain correspondences which have taken place. The Representative and Executive bodies of France country; have given advantages to our commerce and the National Assembly, subjecting vessels laden with navigation, and have made overtures for placing these advantages on permanent ground; a decree, however, of 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 vesations on this subject will be immediately given in charge sels also, as has been recently stated to us. Representto our Minister there, and the result shall be communicated to the Legislature. the proceedings of the person whom they have unfortunately appointed their Minister Plenipotentiary here, you, that tion which sent him; their tendency, on the contrary, has been to involve us in war abroad, and discord have breathed nothing of the friendly spirit of the Naand 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. not imminent, they have been borne with, from sentiWhere their danger was It is with extreme concern I have to inform ments 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 spoliations 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, how ever, not having been brought forward, the description 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 of 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. FRIDAY, December 6. [H. OF R. JAMES HILLHOUSE, from Connecticut, and JoSIAH PARKER, from Virginia, appeared, and took their seats. Mr. WILLIAM SMITH, from the Standing Committee of Elections, reported that the Committee had, in part, examined the certificates and other credentials of the members returned to serve in this House, and had agreed upon a report; which was read, and is as follows: "It appears to your Committee, that the credentials of the following members are sufficient to entitle them to take their seats, in the House, to wit: [After enumerating the names of the members whose credentials were examined, the report concludes:] "Your Committee further report that, in the case of JOHN PATTON, returned as a member for the State of Delaware, the Executive of the said State have, together with the return, transmitted a protest, made to them by Henry Latimer, of the said State, against the return of the said JOHN Patton." Ordered, That the said report do lie on the table. The House resolved itself into a Committee of the Whole House on the Address to the PRESI DENT OF THE UNITED STATES, in answer to his Speech to both Houses of Congress; and, after some time spent therein, the Chairman reported that the Committee had had the said Address under consideration, and made no amendment thereto. Resolved, unanimously. That this House doth agree to the said Address, in the words following: SIR: The Representatives of the people of the United States, in meeting you for the first time since you have been again called, by an unanimous suffrage, to your present station, find an occasion, which they embrace with no less sincerity than promptitude, for expressing to you their congratulations on so distinguished a testimony of public approbation, and their entire confidence in the purity and patriotism of the motives which have produced this obedience to the voice of your country. It is to virtues which have commanded long and universal reverence, and services from which have flowed great and lasting benefits, that the tribute of praise may be paid without the reproach of flattery; and it is from the same sources that the fairest anticipations may be derived in favor of the public happiness. The United States having taken no part in the war which had embraced in Europe the Powers with whom they have the most extensive relations, the maintenance of peace was justly to be regarded as one of the most important duties of the Magistrate charged with the faithful execution of the laws. We accordingly witness, with approbation and pleasure, the vigilance with which you have guarded against an interruption of that blessing, by your Proclamation, admonishing our citizens of the consequences of illicit or hostile acts towards the belligerent parties; and promoting, by a declaration of the existing legal state of things, an easier admission of our right to the immunities belonging to our situation. The connexion of the United States with Europe has evidently become extremely interesting. The commu nications which remain to be exhibited to us will, no |