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Mr. BUTLER notified the Senate that he should, on some day the next week, request leave to bring in a bill in addition to the act, entitled "An act to incorporate the subscribers to the Bank of the United States."

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:

[JANUARY, 1794.

Ordered, That this petition, together with the communications from the Secretary of the Department of War, respecting Indian Affairs, be referred to Messrs. JACKSON, STRONG, BURR, BUTLER, and LANGDON, to consider and report thereon.

TUESDAY, December 31.

The following Messages were received from the
PRESIDENT OF THE United States:
Gentlemen of the Senate, and

of the House of Representatives:

"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 im-metals at the Mint. plied."

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

Ordered, That Messrs. STRONG, ELLSWORTH, and KING, be a committee to take into consideration that part of the PRESIDENT's Speech which recommends a further provision against offences. The Senate resumed the reading of the communications from the Secretary of the Department of War of the 16th instant, relative to further information respecting the Southwestern frontiers; and, after progress, the Senate adjourned to Thursday next.

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The bill making an alteration in the Flag of the United States, was read the third time, and passed.

I lay before you, for your consideration, a Letter from the Secretary of State, informing me of certain impediments which have arisen to the coinage of the precious

As also a Letter from the same officer, relative to certain advances of money which have been made on public account? Should you think proper to sanction what has been done, or be of opinion that any thing more shall be done in the same way, you will judge whether there are not circumstances which would render secrecy expedient.

G. WASHINGTON.
UNITED STATES, December 30, 1793.
Gentlemen of the Senate, and

of the House of Representatives:

I communicate to you the translation of a Letter received from the Representatives of Spain here, in reply to that of the Secretary of State to them, of the 21st instant, which had before been communicated to you. G. WASHINGTON.

UNITED STATES, December 30, 1793. The Messages and papers therein referred to were severally read, and ordered to lie for consi

deration.

Mr. RUTHERFURD 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 petition of Conrad Laub and others. the report of the committee to whom was referred

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."

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate, and

of the House of Representatives:

The petition of James and William Smith, of State, with his account of the expenditure of the moneys I now lay before you a Letter from the Secretary of the State of Georgia, for themselves, and in be-appropriated for our intercourse with foreign nations half of the heirs of James Smith, was presented from the 1st of July, 1792, to the 1st of July, 1793, and and read, praying for remedy and assistance in re- other papers relating thereto. spect to certain losses sustained by the Creek Indians.

G. WASHINGTON. . UNITED STATES, December 31, 1793.

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The Message and papers therein referred to were severally read, and ordered to lie for consideration.

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."

On which a motion was made as follows: "Resolved, That the consideration of this motion be postponed, and that the Senate will, on the 10th instant, take into consideration the subject of amendments to the Constitution."

Whereupon, it was agreed to divide the motion for amendment, and the first clause was adopted, to wit:

"That the consideration of the original motion be postponed;"

TUESDAY, January 7.

[SENATE.

The following Messages were received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and

of the House of Representatives :

Experience has shown that it would be useful to have an officer particularly charged, under the direction of the Department of War, with the duties of receiving, safe-keeping, and distributing the public supplies, in all cases in which the laws and the course of service do not devolve them upon other officers; and, also, with that of superintending, in all cases, the issues, in detail, of supplies, with power, for that purpose, to bring to account all persons intrusted to make such issues, in relation thereto.

An establishment of this nature, by securing a regular and punctual accountability for the issues of public supplies, would be a great guard against abuse, would tend to insure their due application, and to give public satisfaction on that point.

I therefore recommend to the consideration of Congress the expediency of an establishment of this nature, under such regulations as shall appear to them ad

visable.

G. WASHINGTON. UNITED STATES, January 7, 1794. Gentlemen of the Senate, and

of the House of Representatives:

I lay before you an official statement of the expenditure to the end of the year 1793, from the sum of ten thousand dollars, granted to defray the contingent exAnd, the latter clause of the motion for post-penses of Government, by an act passed on the 26th of ponement being amended, it was March, 1790. G. WASHINGTON. UNITED STATES, January 7, 1794.

Resolved, That the Senate will, on the 13th instant, take into consideration the subject of amendments to the Constitution.

FRIDAY, January 3.

A motion was made and seconded, that the Secretary of the Treasury lay before the Senate the following returns, to wit:

A statement of the goods, wares, and merchandise, exported from the several States from the 1st of July, 1792, to the 1st of July, 1793, specifying the quantities and value of each kind, and the several countries to which the same have respectively been exported.

A statement of the goods, wares, and merchandise, imported into the several States for the same period, specifying the quantities and the prime cost, and dutied value of each kind, and the several countries from which the same have respectively been imported.

A statement of the tonnage of foreign vessels entered into the several States during the same period, specifying the several countries to which the said vessels respectively belong.

A statement of the tonnage of the United States vessels entered into the several States during the same period, distinguishing those employed in fisheries, in the coasting and in the foreign trade, and specifying the several countries from which the said vessels employed in said trade came.

Ordered, That this motion lie for consideration.

MONDAY, January 6.

The Senate met to-day, but done no business.

The Messages and paper referred to in the lastrecited Message, were severally read, and ordered to lie for consideration.

WEDNESDAY, January 8.

Ordered, That the Message of the PRESIDENT OF THE UNITED STATES, of the 7th instant, respecting the usefulness of an officer particularly charged with the duties of receiving, safe-keeping, and distributing the public supplies in certain cases, be referred to Messrs. ELLSWORTH, TAYLOR, and BRADLEY, to consider and report thereon to the Senate.

The following motion was made and seconded: before this House the following statements, to wit: Ordered, That the Secretary of the Treasury do lay

First. A statement of the Domestic Debt of the United States, as due on the 1st day of January, 1794, specifying under distinct heads

1st. The Funded Debt, distinguishing the six per cents, three per cents, and deferred stock, and in each kind of stock, stating, separately, the amount created by the assumption of the State Debts:

2d. The Registered Debt.

3d. The Debt subscribable to the Loan of the United States, but which, not being funded or registered at the Treasury, is not entitled to a dividend.

4th. The balances due to creditor States and already funded, (if there be any such,) being the excess of the sum respectively by law assumed, for such States, above the sums actually subscribed in the Debts of the said States.

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5th. The Domestic Loans for cash contracted since the commencement of the present Government, stating the respective times when borrowed, and when becoming due, together with the rate of interest.

6th. All other kinds of Domestic Debts not specially included under the five preceding heads, for the payment of which no appropriations have been made.

Second. A statement of the Domestic Debt redeemed since the commencement of the present Government to the first day of January, 1794, distinguishing the different species of Debt, and specifying the mode of redemption, and, when redeemed for money, the amount of moneys expended in purchasing the same.

Third. A general statement of the Foreign Debt of the United States, as due on the first day of January, 1794, stating separately the French Debt, the other Debts contracted before the commencement of the present Government, and the Loans contracted since that time; and specifying, in each Debt or Loan, the original amount, the time from which the interest commenced, the payments already made, with the dates of the same, and the places where paid, the amount yet due, and the respective times when the same shall be

come due.

Fourth. A specific account of the application of the moneys obtained upon Foreign Loans contracted since the commencement of the present Government, to the first day of January, 1794, stating the amount of the moneys drawn over to America, and of those applied in Europe, together with the dates of such applications or drafts.

[JANUARY, 1794.

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The Senate resumed the consideration of the

report of the committee on the petition of Conrad Laub and others, respecting the appointment of ALBERT GALLATIN a Senator of the United States; which report is as follows:

The committee, to whom was referred the petition of Conrad Laub and others, stating that 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, report:

"That the committee have conferred with Mr. Mi

GALLATIN; that Mr. Schmyser has declared that the petitioners are ready to adduce proofs in support of the petition at such time as the Senate may think proper to appoint; that Mr. GALLATIN states no objection to the therefore recommend that the Senate agree to the foltrial's commencing at an early day. The committee lowing resolution:

Fifth. A summary statement of the actual receipts and expenditures, from the commencement of the pre-chael Schmyser, agent for the petitioners, and with Mr. sent Government to the last day of December, 1790, including all moneys received on account of the United States, such parts of the Foreign Loans as have not been drawn over to America only excepted; distinguishing the moneys received under each branch of the revenue, and the moneys expended under each appropriation, and stating the balances of each branch of the revenue remaining unexpended on the 31st day of December, 1790; specifying, separately, such balances as were on that day in the Treasury, and such as were uncollected, or in hands of any banks, officers, or other

persons.

Sixth. Similar and separate statements for the years 1791, 1792, and 1793, respectively, specifying separately in each statement under each branch of the revenue, the moneys received on account of the revenue of that year, and those received on account of the revenue of each preceding year; and stating, so far as the same is now practicable, the amount of all moneys, bonds, or securities, on hand on the first day of January, 1794, with the times of payment of such bonds or securities. Ordered, That this motion lie for consideration. A message from the House of Representatives informed the Senate, that the House of Representatives have passed the bill sent from the Senate for concurrence, entitled "An act making an alteration in the Flag of the United States."

THURSDAY, January 9. Agreeably to the order of the day, the Senate took into consideration the report of the committee on the petition of Conrad Laub and others, respecting the appointment of ALBERT GALLATIN to be a Senator of the United States.

On motion,

"Resolved, That- be assigned for hearing the peLATIN's right to a seat in the Senate, and that Messrs. tition of Conrad Laub and others, respecting Mr. GAL GALLATIN and Schmyser be furnished with a copy of

this resolution."

On motion, it was agreed to postpone the report of the committee, and to take into consideration the following resolution:

"Resolved, That a Committee of Elections, to consist of seven, be appointed to report rules for receiving petitions and conducting inquiries relative to the qualifica tions of a Senator; and that the petition of Conrad Laub and others be referred to the same committee, to state the facts, and that they be authorized to send for persons and papers."

On which a motion was made and seconded to postpone this motion and to take up the following:

"That be a committee to ascertain and state to the Senate the facts relative to the time when ALBERT GALLATIN became a citizen of the United States, and that the said committee have power to send for persons and papers."

Whereupon, a motion was made and seconded to postpone the preceding, and to take into consideration the following motion:

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JANUARY, 1794.]

Proceedings.

[SENATE.

others be referred to it, to report their opinion on the rately, the quantities and the prime cost and dumerits of the said petition."

And, after debate, the Senate adjourned.

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,

tied values of each kind, and the several countries from which the same have respectively been im→ ported.

Statements of the tonnage of foreign vessels, entered into the several States, from the 1st day of July, 1791, to the 30th day of June, 1792, and from the 1st day of July, 1792, to the 30th day of June, 1793; specifying, for each period separately, the several countries to which the said vessels respectively belong.

Statements of the tonnage of the United States'

Ordered, That a Committee of Elections, to consist of seven, be appointed, and that the peti-vessels, entered into the several States, from the tion of Conrad Laub and others be referred, with- 1st day of July, 1791, to the 30th day of June, out prejudice as to any questions which may, 1792, and from the 1st day of July, 1792, to the upon the hearing, be raised by the sitting member, 30th day of June, 1793; distinguishing, for each as to the sufficiency of the parties and the matter period separately, those employed in fisheries, in charged in the petition, to the same committee, to the coasting and in the foreign trade, and specifystate the facts, and that they be authorized to sending the several countries from which the said vespersons and papers; also, that Messrs. BRADLEY, sels employed in the foreign trade came. ELLSWORTH, MITCHELL, RUTHERFURD, BROWN, LIVERMORE, and TAYLOR, be this committee.

for

Agreeably to the order of the day, the Senate took into consideration the subject of amendments to the Constitution of the United States; and it was agreed to consider at this time the following

motion:

"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 threefourths 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."

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

Ordered, That the further consideration of the motions of the 24th of December last, and the 9th of January instant, on the subject of amendments to the Constitution of the United States, be postponed until to-morrow, and that the several motions on this subject be printed for the use of the Senate.

The Senate resumed the consideration of the motion made the third instant, respecting certain statements from the Secretary of the Treasury; and, having agreed to sundry amendments thereon, it was adopted, as follows:

Ordered, That the Secretary of the Treasury lay before the Senate a statement of the goods, wares, and merchandise, exported from the several States from the first day of July, 1792, to the 30th day of June, 1793; specifying the quantities and value of each kind, and the several countries to which the same have respectively been exported. Statements of the goods, wares, and merchandise, imported into the several States, from the 1st day of July, 1791, to the 30th day of June, 1792, and from the 1st day of July, 1792, to the 30th day of June, 1793; specifying, for each period sepa

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.

On motion by Mr. GALLATIN, that the motion be amended to read as follows:

"The Judicial power of the United States, except in cases arising under treaties made under the authority 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 negative.

On motion, that the motion be amended to read as follows:

"The Judicial power of the United States extends to all cases in law and equity in which one of the United States is a party; but no suit shall be prosecuted against one of the United States by citizens of another State, or by citizens or subjects of a foreign State, where the cause of action shall have arisen before the ratification of this amendment."

It passed in the negative.

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 threefourths 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, Frelinghuy

SENATE.]

Proceedings.

sen, Hawkins, Jackson, Izard, King, Langdon, Livermore, Martin, Mitchell, Monroe, Robinson, Strong, Taylor, and Vining.

NAYS.-Messrs. Gallatin and Rutherfurd.

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

The Senate proceeded to the consideration of the following motion, viz:

[JANUARY, 1794.

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:

"That the Constitution be amended by adding, at YEAS. Messrs. Bradley, Brown, Burr, Butler, Edthe end of the 9th section of the 1st article, the follow-wards, Gallatin, Hawkins, Jackson, Izard, Martin, Moning 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 hereby implied."

And, after debate, the further consideration of this motion was postponed until to-morrow.

WEDNESDAY, January 15.

roe, 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

The following Message was received from the he holds such office :" PRESIDENT OF THE UNITED States:

Gentlemen of the Senate, and

of the House of Representatives:

I lay before you, as being connected with the correspondence already in your possession, between the Secretary of State and the Minister Plenipotentiary of the French Republic, the copy of a Letter from that Minister of the 25th of December, 1793, and a copy of the proceedings of the Legislature of the State of South Carolina.

G. WASHINGTON. UNITED STATES, January 15, 1794. The Message and papers therein referred to were read, and ordered to lie for consideration.

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.

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.

On motion it was agreed that the further consideration of amendments to the Constitution of the United States be postponed.

The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and

of the House of Representatives:

I transmit, for your information, certain intelligence lately received from Europe, as it relates to the subject of my past communications. G. WASHINGTON.

UNITED STATES, January 16, 1794.

The Message and papers referred to were read, and ordered to lie for consideration.

Ordered, That the Secretary of the Department of State be requested to lay before the Senate a translation of the Act of Navigation passed by the National Convention of France, communicated this day in the original.

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 connexion with the said Bank, or any other connex. ion with it, otherwise than in common with other banks within the United States:

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