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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 4, 1789.
The following members of Senate appeared and took their seats:
The number not being sufficient to constitute a quorum, they adjourned from day to day, until
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 11, 1789.
The same members present as on the 4th: Agreed, that the following circular letter should be written to the absent members, requesting their immediate attendance.
New York, March 11, 1789.
Sir: Agreeably to the Constitution of the United States, eight members of the Senate, and eighteen of the House of Representatives, have attended here since the 4th of March. It being of the utmost importance that a quorum sufficient to proceed to business be assembled as soon as possible, it is the opinion of the gentlemen of both Houses, that information of their situation be immediately communicated to the absent members.
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We apprehend that no arguments are necessary to evince to you the indispensable necessity of putting the Government into immediate operation; and, therefore, earnestly request, that you will be so obliging as to attend as soon as possible.
We have the honor to be, Sir,
Your obedient humble servants,
JOHN LANGDON,
PAINE WINGATE,
CALEB STRONG,
WILLIAM S. JOHNSON,
OLIVER ELLSWORTH,
ROBERT MORRIS,
WILLIAM MACLAY,
WILLIAM FEW.
To the Honorable
Tristram Dalton,
William Paterson,
Jonathan Elmer,
George Read,
Richard Bassett
Charles Carroll,
John Henry,
Richard Henry Lee,
William Grayson,
Ralph Izard,
Pierce Butler,
James Gunn.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 12, 1789.
Present, as yesterday.
The number sufficient to make a quorum not appearing, they adjourned from day to day, until
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 18, 1789.
Present, the same as on the 12th.
Agreed, that the following circular letter should be written to eight of the absent members, urging their immediate attendance.
New York, MARCH 18, 1789.
Sir: We addressed a letter to you the 11th instant, since which no Senator has arrived. The House of Representatives will probably be formed in two or three days. Your presence is indispensably necessary. We therefore again earnestly request your immediate attendance, and are confident you will not suffer our, and the public anxious expectations to be disappointed.
We have honor to be, Sir,
Your obedient humble servants,
JOHN LANGDON,
PAINE WINGATE,
CALEB STRONG,
WILLIAM S. JOHNSON,
OLIVER ELLSWORTH,
ROBERT MORRIS,
WILLIAM MACLAY,
WILLIAM FEW.
To the Honorable
Jonathan Elmer,
William Paterson,
George Read,
Richard Bassett,
Charles Carroll,
John Henry,
Richard Henry Lee,
William Grayson.
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Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 19, 1789.
Present, as yesterday.
The Honorable William Paterson, from the state of New Jerseys appeared and took his seat.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MARCH 20, 1789.
Present, as yesterday.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, MARCH 21, 1789.
Present as yesterday.
The Honorable Richard Bassett, from the state of Delaware, appeared and took his seat.
The number sufficient to constitute a quorum not appearing--adjourned from day to day, until
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, MARCH 28, 1789.
Present, as on the 21st.
The Honorable Jonathan Elmer, from the state of New Jersey, appeared and took his seat.
The number sufficient to constitute a quorum not appearing, adjourned from day to day, until April the 6th; when the Honorable Richard Henry Lee, from the state of Virginia, appeared and took his seat in the Senate.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 6, 1789.
The Senate assembled: present,
Being a Quorum, consisting of a majority of the whole number of Senators of the United States.
The credentials of the afore-mentioned members were read, and ordered to be filed.
The Senate proceeded by ballot to the choice of a President, for the sole purpose of opening and counting the votes for President of the United States.
John Langdon, Esquire, was elected.
Ordered, That Mr. Ellsworth inform the House of Representatives, that a quorum of the Senate is formed; that a President is elected for the sole purpose of opening the certificates and counting the votes of the electors of the several states in the choice of a President and Vice President of the United States; and that the Senate is now ready in the Senate Chamber, to proceed, in the presence of the House, to discharge that duty: And that the Senate have appointed one of their members to sit at the Clerk's table to make a list of the votes as they shall be declared; submitting it to the wisdom of the House to appoint one or more of their members for the like purposes--Who reported, that he had delivered the message.
Mr. Boudinot, from the House of Representatives, communicated the following verbal message to the Senate:
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"Mr. President: I am directed by the House of Representatives to inform the Senate, that the House is ready forthwith to meet the Senate, to attend the opening and counting of the votes of the Electors of the President and. Vice President of the United States."--And he withdrew.
Ordered, That Mr. Paterson be a teller on the part of the Senate.
The Speaker and the House of Representatives attended in the Senate chamber, for the purpose expressed in the message delivered by by Ellsworth--and after some time withdrew.
The Senate then proceeded by ballot to the choice of a President of their body, pro tempore.
John Langdon, Esq. was duly elected.
The President elected for the purpose of counting the votes, declared to the Senate, that the Senate and House of Representatives had met, and that he, in their presence, had opened and counted the votes of the electors for President and Vice President of the United States, which were as follow:
{table}
Whereby it appears, that
George Washington, Esq. was unanimously elected President, and
John Adams, Esq. was duly elected Vice President, of the United States of America.
Mr. Madison came from the House of Representatives with the following verbal message:
Mr. President: I am directed by the House of Representatives to inform the Senate, that the House have agreed, that the notifications of the election of the President and of the Vice President of the United States, should be made by such persons, and in such manner, as the Senate shall be pleased to direct. And he withdrew.
Whereupon, the Senate appointed Charles Thomson, Esq. to notify George Washington, Esq. of his election to the office of President of the United States of America, and Mr. Sylvanus Bourn to notify John Adams, Esq. of his election to the office of Vice President of the said United States.
The instructions to the messengers are in the following words:
In Senate, April 6, 1789.
Sir: The Senate of the United States have appointed you to wait upon General Washington, with a certificate of his being elected to the office of President of the United States of America, You will therefore prepare to set out as soon as possible,
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and apply to the Board of Treasury for such sums as you may judge necessary for the expenses of the journey.
JOHN LANGDON, President pro tem.
ToCharles Thomson, Esq.
In Senate, April 6, 1789.
Sir: The Senate of the United States have appointed you to wait on John Adams, Esq. with a certificate of his being elected to the office of Vice President of the United States. You are therefore to set out with the dispatches herewith sent you as soon as possible, and to apply to the Treasury Board for one hundred dollars, towards defraying the expenses of your journey.
JOHN LANGDON, President, pro tem.
To Mr.Sylvanus Bourn.
Ordered, That Mr. Paterson, Mr. Johnson, Mr. Lee, and Mr. Ellsworth, be a committee to prepare the certificates of the election of the President and of the Vice President of the United States; and to prepare letters to George Washington, Esq. and to John Adams, Esq. to accompany the said certificates respectively.
The certificates and letters are as follow:
Be it known, That the Senate and House of Representatives of the United States of America, being convened in the city and state of New York, the sixth day of April, in the year of our Lord one thousand seven hundred and eighty-nine, the underwritten, appointed President of the Senate, for the sole purpose of receiving, opening, and counting the votes of the Electors, did, in the presence of the said Senate and House of Representatives, open all the certificates, and count all the votes of the electors for a President and for a Vice President; by which it appears, thatGeorge Washington, Esq. was unanimously elected, agreeably to the constitution, to the office of President of the United States of America
In testimony whereof, I have hereunto set my hand and seal.
JOHN LANGDON.
New York, April 6, 1789.
Sir: I have the honor to transmit to your Excellency the information of your unanimous election to the office of President of the United States of America. Suffer me, Sir, to indulge the hope, that so auspicious a mark of public confidence will meet your approbation, and be considered as a sure pledge of the affection and support you are to expect from a free and an enlightened people.
I am, Sir, with sentiments of respect,
Your obedient, humble servant,
JOHN LANGDON.
To his ExcellencyGeorge Washington, Esq.
Be it known, That the Senate and House of Representatives of the United States of America, being convened in the city and state of New York, the 6th day of April,in the year of our Lord one thousand seven hundred and eighty nine, the under-written, appointed President of the Senate, for the sole purpose of receiving, opening, and counting the votes of the electors, did, in the presence of the said Senate and House of Representatives, open all the certificates, and count all the votes of the electors for a President and for a Vice President; by which it appears, that John Adams, Esq. was duly elected, agreeably to the Constitution, to the office of Vice President of the United States of America.
In testimony whereof, I have hereunto set my hand and seal.
JOHN LANGDON.
New York, April 6, 1789.
Sir: I have the honor to transmit to you the information of your being elected to the office or Vice President of the United States of America. Permit me, Sir: to hope, that you will soon safely arrive here, to take upon you the discharge of the important duties, to which you are so honorably called by the voice of your country.
I am, Sir, with sentiments of respect,
Your obedient, humble servant,
JOHN LANGDON
ToJohn Adams, Esquire.
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A letter from James Duane, Esq. was read, enclosing resolutions of the Mayor, Aldermen, and Commonalty of the city of New York, tendering to Congress the use of the City-Hall.
The Senate adjourned to 11 o'clock, to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 7, 1789.
The Senate assembled: present as yesterday.
The Senate proceeded to elect a door-keeper, and James Mathers was chosen.
Ordered, That Mr. Ellsworth, Mr. Paterson, Mr. Maclay, Mr. Strong, Mr. Lee, Mr. Bassett, Mr. Few, and Mr. Wingate, be a committee, to bring in a bill for organizing the Judiciary of the United States.
Ordered, That Mr. Ellsworth, Mr. Lee, Mr. Strong, Mr. Maclay, and Mr. Bassett, be. a committee to prepare a system of rules to govern the two Houses in cases of conference, and to take under consideration the manner of electing Chaplains, and to confer thereupon with a committee of the House of Representatives.
Ordered, That the same committee prepare a system of rules for conducting business in the Senate.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 8, 1789.
The Senate assembled: present as yesterday.
The Senate proceeded by ballot to the choice of a Secretary.Samuel Alyne Otis, Esq. was elected.
The respective petitions of Abraham Okee, Cornelius Maxwell, and Abraham Michell, praying to be employed as attendants on the Senate, were read, and ordered to lie on the table.
The Senate proceeded to elect a Messenger, and Cornelius Maxwell was appointed.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 9, 1789.
The Senate assembled: present as yesterday.
The memorial of John Bryce was read, praying to be employed as book-binder &c. to the Senate and House of Representatives.
Ordered, That Mr. Langdon, Mr. Johnson, and Mr. Few, be a Committee to make the necessary arrangements for receiving the President; and that they be empowered to confer with any Committee of the House of Representatives that may be appointed for that purpose.
The Senate adjourned until Saturday next, at 11 o'clock, A.M.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, APRIL 11, 1789.
The Senate assembled: present,
The Senate adjourned until Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 13, 1789.
The Senate assembled: present, as on Saturday,
Except Mr. Paterson, who had leave of absence; and
The honorable Ralph Izard, from the state of South Carolina, the honorable Charles
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Carroll, from the state of Maryland, and the honorable George Read, from the state of Delaware, severally produced their credentials, and took their seats in the Senate.
The report of the committee appointed the 7th instant, upon a system of rules for conducting business in the Senate, was read, and ordered to lie until to-morrow, for consideration.
On motion,Ordered, That a committee of three, on the part of the Senate, be appointed to confer with any committee on the part of the House of Representatives, instructed to that purpose, upon the future disposition of the papers in the office of the late Secretary of Congress, and report; and that Mr. Johnson, Mr. Izard, and Mr. Maclay, be the committee on the part of the Senate.
On motion,Ordered, That the committee appointed the 9th instant, to determine the ceremonial proper to be observed on the reception of the President, be empowered to consider what arrangements are necessary for the reception of the Vice President, and to confer with any committee the House may instruct to that purpose.
On motion,Ordered, That Mr. Lee, Mr. Ellsworth, and Mr. Few, be a committee to consider and report upon the communications made on the 6th instant, from the Mayor, &c. of the city of New York, tendering to Congress the use of the City Hall.
On motion,Ordered, That an addition of one from each state not having a member already on the committee, be added to the committee of the 7th of April, to bring in a bill for organizing the Judiciary of the United States; and Mr. Carroll and Mr. Izard were joined.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 14, 1789.
The Senate assembled, present,
The honorable Tristram Dalton, from the state of Massachusetts, appeared, produced his credentials, and took his seat in the Senate.
On the report of the committee appointed the 13th instant, to take into consideration the letter and communications from the Mayor of the city of New York,
Ordered, That the following letter be written to the Mayor of the city of New York, by the President; and that nothing further for the present be done in the business.
New York, April 14, 1789.
Sir: The Senate have considered the letter that you were pleased to address to their House on the 6th instant; and they entertain a proper sense of the respect shewn to the general government of the United States, by providing so commidious a building for the accommodation of Congress, as the Mayor, Aldermen, and Commonalty of the city have appropriated to that use. The appointment of Mr. Skaats to the care of the public hall would be very agreeable to the Senate; but, in their idea, such appointment must depend upon a legislative act for creating the office, and then the officer to fill it will come constitutionally from the nomination of the President of the United States, with the approbation of Senate. In the mean time, the Senate have no objection to the Mayor and Aldermen appointing such person to the care of the hall as they deem worthy of such trust.
I have the honor to be, &c.
Signed by the President of the Senate.
TheHon. James Duane.
The rules and orders as reported by the committee were again read, and ordered to lie for consideration.
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On motion, a committee, consisting of Mr. Read, Mr. Ellsworth, and Mr. Lee, were appointed to consider of the utility of printing the Journals weekly, and furnishing the members with copies; and the same committee are instructed to determine the mode of keeping the Journals, and report.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 15, 1789.
The Senate assembled: present, as yesterday:
Also, Mr. Dalton and Mr. Paterson.
The committee appointed the 7th of April, to prepare a system of rules to govern the two Houses in cases of conference, to take into consideration the manner electing chaplains, and to confer thereon with a committee of the House of Representatives, reported: That they had conferred on the business with a Committee of the House of Representatives for that purpose appointed. Whereupon,
Resolved, That, in every case of an amendment to a bill agreed to in one House and dissented to in the other, if either House shall request a conference, and appoint a committee for that purpose, and the other House shall also appoint a committee to confer, such committees shall, at a convenient time, to be agreed on by their chairman, man, meet in the conference chamber, and state to each other verbally, or in writing, as either shah choose, the reasons of their respective Houses, for and against the amendment, and confer freely thereon.
The committee abovementioned, further reported,
That two Chaplains, of different denominations, be appointed to Congress, for the present session, the Senate to appoint one, and give notice thereof to the House of Representatives, who shall, thereupon, appoint the other; which Chaplains shall commence their services in the Houses that appoint them, but shall interchange weekly.
Which was also accepted.
The committee to whom it was referred to consider of and report respecting the ceremonial of receiving the President, and the arrangements necessary for the reception of the Vice President, agreed to the following report, viz.
That Mr. Osgood, the proprietor of the house lately occupied by the President of Congress, be requested to put the same, and the furniture thereof, in proper condition for the residence and use of the President of the United States, and otherwise, at the expense of the United States, to provide for his temporary accommodation.
That it will be more eligible, in the first instance, that a committee of three members from the Senate, and five members from the House of Representatives, to be appointed by the two Houses respectively, attend to receive the President, at such place as he shall embark from New Jersey for this city, and conduct him, without form, to the House lately occupied by the President of Congress; and that at such time thereafter as the President shall signify it will be most convenient for him, he be formally received by both Houses.
That a committee of two members from the Senate, and three members from the House of Representatives, to be appointed by the Houses respectively, wait on the Vice President of the United States, as soon as he shall come to this city, and, in the name of the Congress of the United States, congratulate him on his arrival.
Which report was read and accepted.
The Senate proceeded to the consideration of the report of the committee upon rules for conducting business in the Senate, and, after some progress, adjourned to 11 o'clock to-morrow morning
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 16, 1789.
The Senate assembled: present as yesterday.
The Senate proceeded by ballot to the choice of the committees, conformably to the report of the committee of both Houses, agreed to the 15th instant:--Mr. Langdon, Mr. Carroll, and Mr. Johnson, were appointed to wait on the President, and Mr. Ellsworth, and Mr. Dalton, were appointed to wait on the Vice President.
Ordered, That Mr. Strong, Mr. Izard, and Mr. Lee, be a committee to report a mode of communication to be observed between the Senate and House of Representatives with respect to papers, bills, and messages, and to confer thereon with such committee as may be appointed by the House of Representatives for that purpose.
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The petition of David Ramsay, that a law might pass, securing to him and his heirs an exclusive right of vending, &c. his "History of the American Revolution," was read.
The report of the committee appointed to determine upon rules for conducting business in the Senate, was agreed to. Whereupon,
Resolved, That the following rules, from No. 1, to XIX, inclusive, be observed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, APRIL 17, 1789.
The Senate assembled: present as yesterday.
The petition of Leonard Bleecker, to be appointed serjeant at-arms, was read, and ordered to lie on the table.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, APRIL 18, 1789.
The Senate assembled: present as yesterday.
A letter from the Speaker of the House to the President was read, enclosing a concurrence of the House, with the resolve of Senate of the 15th, upon the mode of conference between the Senate and House of Representatives; also, a concurrence upon the mode of choosing Chaplains.
On motion,Resolved, That the following be subjoined to the standing orders of the Senate:
XX. Before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall be introduced by the President, or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer.
The Senate adjourned until 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 20, 1789.
The Senate assembled: present as on Saturday.
The honorable John Henry, from the state of Maryland, produced his credentials, and took his seat in the Senate.
The honorable James Gunn, from the state of Georgia, produced his credentials, and took his seat in the Senate.
On motion,Resolved, That Mr. Strong and Mr. Izard be a committee to wait on the Vice President, and conduct him to the Senate Chamber.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 21, 1789.
The Senate assembled: present as yesterday.
The committee appointed on the 20th instant, consisting of Mr. Strong and Mr. Izard, to conduct the Vice President to the Senate chamber, executed their commission; and Mr. Langdon, the President pro-tempore, meeting the Vice President upon the floor of the Senate Chamber, addressed him as follows:
Sir: I have it in charge from the Senate, to introduce you to the chair of this House; and, also, to congratulate you on your appointment to the office of Vice President of the United States of America.
After which Mr. Langdon conducted the Vice President to the chair, when the Vice President addressed the Senate as follows:
Gentlemen of the Senate: Invited to this respectable situation by the suffrages of our fellow citizens, according to the Constitution, I have thought it my duty cheerfully and readily to accept it. Unaccustomed to refuse any public service, however dangerous to my reputation, or disproportioned to my talents, it would have been inconsistent to have adopted an other maxim of conduct at this time, when the prosperity of the country, and the liberties of the people, require, perhaps, as much as ever, the attention of those who possess any share of the public confidence.
I should be destitute of sensibility, if, upon my arrival in this city, and presentation to this legislature, and especially to this Senate, I could see, without emotion, so many of those characters, of whose virtuous exertions I have so often been a witness--from whose countenances and examples I have ever derived encouragement and animation; whose disinterested friendship has supported me, in many intricate conjunctures of public affairs, at home and abroad: Those celebrated defenders of the liberties of this country, whom menaces could not intimidate, corruption seduce, nor flattery allure: Those intrepid assertors of the rights of mankind, whose philosophy and policy have enlightened the world, in twenty years, more than it was ever before enlightened in many centuries, by ancient schools, or modern universities.
I must have been inattentive to the course of events, if I were either ignorant of the fame, or insensible to the merit, of those other characters in the Senate, to whom it has been my misfortune to have been hitherto personally unknown.
It is with satisfaction; that I congratulate the people of America on the formation of a national Constitution, and the fair prospect of a consistent administration of a government of laws. On the acquisition of an House of Representatives, chosen by themselves; of a Senate thus composed by their own State Legislatures; and on the prospect of an executive authority, in the hands of one whose portrait I shall not presume
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to draw--Were I blessed with powers to do justice to his character, it would be impossible to increase the confidence or affection of his country, or make the smallest addition to his glory. This can only be effected by a discharge of the present exalted trust on the same principles, with the same abilities and virtues, which have uniformly appeared in all his former conduct, public or private. May I, nevertheless, be indulged to inquire, if we look ever the catalogue of the first magistrates of nations, whether they have been denominated presidents or consuls, kings or princes, where shall we find one, whose commanding talents and virtues, whose over-ruling good fortune, have so completely united all hearts and voices in his favor? who enjoyed the esteem and admiration of foreign nations and fellow citizens with equal unanimity? Qualities so uncommon, are no common blessings to the country that possesses them. By those great qualities, and their benign effects, has Providence marked out the head of this nation, with an hand so distinctly visible, as to have been seen by all men, and mistaken by none.
It is not for me to interrupt your deliberations by any general observations on the state of the nation, or by recommending, or proposing, any particular measures. It would be superfluous, to gentlemen of your great experience, to urge the necessity of order. It is only necessary to make an apology for myself. Not wholly without experience in public assemblies, I have been more accustomed to take a share in their debates, than to preside in their deliberations. It shall be my constant endeavor to behave towards every member of this most honorable body with all that consideration, delicacy, and decorum, which becomes the dignity of his station and character: But, if, from inexperience, or inadvertency, any thing should ever escape me, inconsistent with propriety, I must entreat you, by imputing it to its true cause and not to any want of respect, to pardon and excuse it.
A trust of the greatest magnitude is committed to this Legislature; and the eyes of the world are upon you Your country expects, from the results of your deliberations, in concurrence with the other branches of government, consideration abroad, and contentment at home--prosperity, order, justice, peace, and liberty: And may God Almighty's providence assist you to answer their just expectations.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 22, 1789.
The Senate assembled: present as yesterday.
On motion, The sense of the Senate was taken, Whether, in the choice of a Chaplain, they shall be confined to the list of such gentlemen as may be previously nominated? Passed in the negative.
Agreed, That Saturday next be assigned to proceed to the election of a Chaplain; and that, in the mean time, the members be at liberty to make their nomination.
The petition of William Finnie, praying that he might be appointed serjeant at-arms, was read.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 23, 1789.
The Senate assembled: present as yesterday.
The committee appointed on the 16th of April, to report a mode of communication to be observed between the Senate and House of Representatives, with respect to papers, bills, and messages, and to confer thereon with such committee as may be appointed by the House of Representatives for that purpose, have conferred with a committee of the House, and have agreed to the following report:
When a bill or other message shall be sent from the Senate to the House of Representatives, it shall be carried by the Secretary, who shall make one obeisance to the Chair on entering the door of the House of Representatives, and another, on delivering it at the table into the hands of the Speaker. After he shall have delivered it, he shall make an obeisance to the Speaker, and repeat it as he retires from the House.
When a bill shall be sent up by the House of Representatives to the Senate, it shall be carried by two members, who, at the bar of the Senate, shall make their obeisance to the President, and thence, advancing to the Chair, make a second obeisance, and deliver it into the hands of the President. After having delivered the bill, they shall make their obeisance to the President, and repeat it as they retire from the bar: The Senate shall rise on the entrance of the members within the bar, and continue standing until they retire.
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All other messages from the House of Representatives shall be carried by one member, who shall make his obeisance as abovementioned; but the President of the Senate, alone, shall rise.
Read and accepted.
On motion,Resolved, That a committee, consisting of three members, be appointed to consider and report, what style or titles it will be proper to annex to the offices of President and of Vice President of the United States; if any other than those given in the constitution. Also, to consider of the time, place, and manner, in which, and the person by whom, the oath prescribed by the constitution shall be administered to the President; and to confer thereon with such committee as the House of Representatives shall appoint for that purpose.
Mr. Lee, Mr. Izard, and Mr. Dalton, were chosen.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, APRIL 24, 1789.
The Senate assembled: present as yesterday.
On motion, The question was taken, Whether the report of the committee upon the mode of communication between the two Houses of the Legislature, as yesterday read and accepted in the Senate, shall at this time be sent to the House of Representatives?
Passed in the negative.
On motion, To reconsider the commission of the committee appointed the 23d instant, to report what titles shall be annexed to the offices of President and Vice President;
Passed in the affirmative.
On motion, That the following words, "What titles it will be proper to annex to the offices of President and of Vice President of the United States; if any other than those given in the constitution," be struck out:
Passed in the negative.
On motion, That the words "style or" before the word "title," be added:
Passed in the affirmative.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, APRIL 25, 1789.
The Senate assembled: present as yesterday.
An order of the House of Representatives, for the recommitment of a report upon the mode of communication between the two Houses, to the committee originally appointed on the part of the House, and directed by the Speaker to the President, was read, and, upon motion, the acceptance of the report of the committee of both Houses by the Senate the 23d instant, was reconsidered, and the recommitment was agreed to on the part of the Senate.
The Senate proceeded to the appointment of a Chaplain, in the manner agreed upon the 15th of April; and
The right reverend Samuel Provoost was elected.
On motion, The committee appointed the 14th instant, to determine the mode of keeping the Journals, were instructed to consider, "Whether the minutes he amended so as to record only the act, as it may be agreed on after the Journal shall be read on the day following."
A letter from Charles Thomson, Esq. dated the 24th of April, 1789, directed to the President of the Senate, purporting his having delivered to General Washington, the certificate of his being elected President of the United States, was read, and ordered to be filed.
The committee appointed to consider of the time, place, and manner. in which, and of the person by whom, the oath prescribed by the constitution shall he administered to the President of the United States, and to confer with a committee of the House appointed for that purpose, report:
That the President hath been pleased to signify to them, that any time or place which both Houses may think proper to appoint, and any manner which shall appear most eligible to them, will be convenient and acceptable to him; that requisite preparations cannot probably be made before Thursday next; that the President be on that
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day formally received by both Houses in the Senate Chamber; that the Representatives' Chamber being capable of receiving the greater number of persons, that, therefore, the President do take the oath in that place, and in the presence of both Houses.
That, after the formal reception of the President in the Senate Chamber, he be attended by both Houses to the Representatives' Chamber, and that the oath be administered by the Chancellor of the State of New York.
The committee farther report it as their opinion, that it will be proper that a committee of both Houses be appointed to take order for conducting the business.
Read and accepted; whereupon,
Mr. Lee, Mr. Izard, and Mr. Dalton, on the part of the Senate, together with a committee that may be appointed on the part of the House of Representatives, were empowered to take order for conducting the business.
An order of the House of Representatives. concurring in the appointment of a committee on their part, to confer with a committee appointed the 24th instant on the part of the Senate, to consider and report "what style, &c. it will be proper to annex to the offices of President and of Vice President," was read, by which it appeared that
Mr. Benson, Mr. Ames, Mr. Madison, Mr. Carroll, and Mr. Sherman, were appointed on the part of the House.
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 27, 1789.
The Senate assembled: present as on Saturday.
The committee appointed to take order for conducting the ceremonial of the formal reception, &c. of the President, reported, That it appears to them more eligible that the oath should be administered to the President in the outer gallery adjoining the Senate Chamber than in the Representatives' Chamber, and, therefore, submit to the respective Houses the propriety of authorizing their Committee to take order as to the place where the oath shall be administered to the President, the resolution of Saturday, assigning the Representatives' Chamber as the place, notwithstanding.
Read and accepted.
Resolved, That, after the oath shall have been administered to the President, he, attended by the Vice President and the members of the Senate and House of Representatives, proceed to St. Paul's Chapel, to hear divine service, to be performed by the Chaplain of Congress already appointed.
Sent to the House of Representatives for concurrence.
A letter of the 25th instant, from the Right Rev. Samuel Provoost, to the Secretary, signifying his acceptance of the appointment of Chaplain to Congress, was read, and ordered to be filed.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 28, 1789.
The Senate assembled: present as yesterday.
A letter was received from the Speaker of the House by the President of the Senate, containing the two following enclosures:
The report of a Joint Committee upon the ceremonial to be observed in administering the oath, &c. to the President, as accepted in the House of Representatives; and,
A bill, entitled "An act to regulate the time and manner of administering certain oaths,"
The above mentioned report was read, and ordered to lie on the table.
The bill was read the first time, and to-morrow was assigned for a second reading.
The Committee appointed to report a mode of communication to be observed between the Senate and House of Representatives, with respect to papers, bills, &c. and to whom the subject was re-committed, having again conferred with the committee of the House of Representatives, agreed upon a report; which was read, and ordered to lie for consideration.
Adjourned to 11 o'clock to-morrow morning
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 29, 1789.
The Senate assembled: present as yesterday.
Proceeded to the second reading of the bill; entitled "An act to regulate the time and manner of administering certain oaths;" and, after debate, it was committed to Mr. Strong', Mr. Paterson, Mr. Read, Mr. Johnson, and Mr. Henry.
A letter from the Speaker of the House of Representatives to the Vice President Was read, communicating the concurrence of the House on a report of a joint committee, on the mode of communicating papers, bills, and messages, between the Senate and House of Representatives;
Also, the concurrence of the House with the Senate on the appointment of a committee, respecting the future disposition of the papers in the office of the late Secretary; and,
Mr. Trumbull, Mr. Cadwallader, and Mr. Jackson, were joined.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 30, 1789.
The Senate assembled: present as yesterday.
The report of the Committee on the mode of communications between the Senate and House of Representatives, was taken up, and, after debate, postponed.
Mr. Lee, in behalf of the committee appointed to take order far conducting the ceremonial of the formal reception, &c. of the President of the United States, having informed the Senate that the same was adjusted; the House of Representatives were notified that the Senate were ready to receive them in the Senate Chamber, to attend the President of the United States while taking the oath required by the Constitution. Whereupon, the House of Representatives, preceded by their Speaker, came into the Senate Chamber, and look the seats assigned them; and the joint committee, preceded by their chairman, agreeably to order, introduced the President of the United States to the Senate Chamber, where he was received by the Vice President, who conducted him to the Chair; when the Vice President informed him, that "the Senate and House of Representatives of the United States were ready to attend him to take the oath required by the Constitution, and that it would be administered by the Chancellor of the state of New York." To which the President replied, he was ready to proceed: and being attended to the gallery in front of the Senate Chamber, by the Vice President and Senators, the Speaker and Representatives, and the other public characters present, the oath was administered. After which the Chancellor proclaimed, "Long live George Washington President of the United States."
The President having returned to his seat, after a short pause arose, and addressed the Senate and House of Representatives as follows:
Fellow Citizens of the Senate, and
of the House of Representatives:
Among the vicissitudes incident to life, no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and received on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat. which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years: a retreat which was rendered every day more necessary as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health, to the gradual waste committed on it by time. On the other hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhelm with despondence, one, who, inheriting inferior endowments from nature, and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies. In this conflict of emotions, all I dare aver, is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it might be effected, All I dare hope, is, that if, in executing this task, I have Been too much swayed by a grateful remembrance of former instances, or by an affectionate sensibility to this transcendant proof of the confidence of my fellow citizens,
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and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me; my error will be palliated by the motives which misled me, and its consequences be judged by my country, with some share of the partiality in which they originated.
Such being the impressions under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first official act, my fervent supplications to that Almighty Being who rules over the universe--who presides in the councils of nations--and whose providential aids can supply every human defect, that his benediction may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves for these essential purposes: and may enable every instrument employed in its administration to execute with success, the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own; nor those of my fellow citizens at large, less than either. No people can be bound to acknowledge and adore the invisible hand, which conducts the affairs of men, more than the people of the United States. Every step by which they have advanced to the character of an independent nation, seems to have been distinguished by some token of providential agency; and in the important revolution just accomplished in the system of their united government the tranquil deliberations and voluntary consent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been established, without some return of pious gratitude, along with an humble anticipation of the future blessings which the past seem to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed. You will join with me, I trust, in thinking, that there are none, under the influence of which, the proceedings of a new and free government can more auspiciously commence.
By the article establishing the executive department, it is made the duty of the President "to recommend to your consideration, such measures as he shall judge necessary and expedient." The circumstances under which I now meet you, will acquit me from entering into that subject, farther than to refer to the great constitutional charter, under which you are assembled; and which, in defining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circumstances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism, which adorn the characters selected to devise and adopt them. In these honorable qualifications, I behold the surest pledges, that, as on one side, no local prejudices or attachments, no separate views, nor party animosities, will misdirect the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests: so, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private morality; and the pre-eminence of free government be exemplified by all the attributes which can win the affections of its citizens, and command the respect of the world. I dwell on this prospect with every satisfaction which an ardent love for my country can inspire: since there is no truth more thoroughly established, than that there exists in the economy and course of nature, an indissoluble union between virtue and happiness; between duty and advantage; between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public prosperity and felicity: since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained: and since the preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people.
Besides the ordinary objects submitted to your care, it will remain with your judgment to decide, how far an exercise of the occasional power delegated by the fifth article of the constitution, is rendered expedient at the present juncture, by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. Instead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your discernment and pursuit of the public good: for, I assure myself, that whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await the future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for the public harmony, will sufficiently
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influence your deliberations on the question, how far the former can be more impregnably fortified, or the latter be safely and advantageously promoted.
To the preceding observations I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and will, therefore, be as brief as possible. When I was first honored with a call into the service of my country, then on the eve of an arduous struggle for its liberties, the light in which I contemplated my duty, required that I should renounce every pecuniary compensation. From this resolution I have in no instance departed. And being still under the impressions which produced it, I must decline, as inapplicable to myself; any share in the personal emoluments which may be indispensably included in a permanent provision for the executive department; and must accordingly pray that the pecuniary estimates for the station in which I am placed, may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require.
Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us together, I shall take my present leave; but not without resorting once more to the benign Parent of the human race, in humble supplication that, since he has been pleased to favor the American people with opportunities for deliberating in perfect tranquility, and dispositions for deciding with unparalleled unanimity, on a form of government for the security of their union, and the advancement of their happiness; so his divine blessing may be equally conspicuous in the enlarged views, the temperate consultations, and the wise measures, on which the success of this government must depend.
April 30.
G. WASHINGTON.
The President, the Vice President, the Senate, and House of Representatives, &c. then proceeded to St. Paul's Chapel, where divine service was performed by the Chaplain of Congress, after which the President was reconducted to his house by the committee appointed for that purpose.
The Vice President and Senate returned to the Senate Chamber; and,
Upon motion, unanimously agreed, That a committee of three should be appointed to prepare an answer to the President's speech:
Mr. Johnson, Mr. Paterson, and Mr. Carroll, were elected.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MAY 1, 1789.
The Senate assembled: present as yesterday,
The report of the joint committee, to whom was recommitted the mode of communication between the Senate and House of Representatives, as made by the committee on the part of the Senate, was taken up, and not accepted.
The same report of the committee on the part of the House, and the acceptance thereof by the House, was considered in the Senate, and it was determined that it should lie until further order.
A motion, "That, when a messenger shall come from the House of Representatives to the Senate, and shall be announced by the door keeper, the messenger shall be received at the bar of this House by the Secretary, and the bill or paper that he may bring, shall there be received from him by the Secretary, who shall deliver it to the President of the Senate," was committed to Mr Ellsworth, Mr. Lee, and Mr. Read.
And the committee were instructed to report a mode of sending papers, bills, and messages, from the Senate to the House of Representatives.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, MAY 2, 1789.
The Senate assembled: present as yesterday.
Agreed, That, until a permanent mode of communication shall be adopted between the Senate and House of Representatives, the Senate will receive messages by the Clerk of the House, if the House shall think proper to send him, and papers sent from the House, shall be delivered to the Secretary at the bar of the Senate, and by him be conveyed to the President.
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A message from the House of Representatives, by Mr. Beckley, their Clerk:
"Mr. President: I am commanded by the House of Representatives to bring to the Senate the proceedings of the House on a resolution of the Senate of the 27th of April: Also, to communicate to the Senate the appointment of the Reverend William Lynn, D. D. to be one of the Chaplains to Congress, agreeably to the resolves of the 15th of April." And he withdrew.
The concurrence of the House of Representatives on the resolve of the 27th, is as follows:
"In the House of Representatives of the United States,
"the 29th of April, 1789.
"The House proceeded to consider the following resolution of the Senate, to wit.
"In Senate, April 27th, 1789.
"Resolved, That, after the oath shall have been administered to the President, he, attended by the Vice President, and the members of the Senate and House of Representatives, proceed to St. Paul's Chapel, to hear divine service, to be performed by the Chaplain of Congress, already appointed; whereupon,
"Resolved, That this House doth concur in the said resolution, amended to read as followeth, to wit:
"That, after the oath shall have been administered to the President, the Vice President, and members of the Senate, the Speaker and members of the House of Representatives, will accompany him to St. Paul's Chapel, to hear divine service performed by the Chaplain of Congress."
Mr. Strong, by order of the committee appointed the 28th of April, on a bill passed the House of Representatives, entitled "An act to regulate the time and manner of administering certain oaths," reported sundry amendments: and Monday next was assigned to take the same into consideration.
Adjourned until Monday morning, 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MAY 4, 1789.
The Senate assembled: present as on Saturday.
Agreeably to the order of the day, the Senate proceeded in the second reading of a bill, entitled "An act to regulate the time and manner of administering certain oaths," and to the consideration of the amendments reported by the committee, which are as follow:
In line 1, strike out the words" Congress of the United States," and insert, "Senate and Representatives of the United States of America in Congress assembled."
At the end of the second paragraph, add the words "of the Senate," and insert the following clause: "And be it further enacted, That the members of the several state legislatures, and all executive and judicial officers of the several states, who have been heretofore chosen or appointed, or who shall be chosen or appointed before the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirmation, except where they shall have taken it before: which may be administered by any person authorized by the law of the state, in which such office shall be holden, to administer oaths. And the members of the several state legislatures, and all executive and judicial officers of the several states who shall be chosen or appointed, after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which-shall be administered by the person or persons, who, by the law of the state, shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner as by the law of the state, he or they shall be directed to record or certify the oath of office."
In the last paragraph, strike out the words "of the United States of America," in the third and fourth lines, and insert the same words in the fourth line next after the words "as the case may be;"--and which, being accepted, Tuesday morning, 11 o'clock, was assigned for the third reading of the bill.
The report of the committee, to whom was referred the motion made the 1st instant, upon the mode of sending messages to, and receiving them from, the House of Representatives, was read, and ordered to lie for consideration.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MAY 5, 1789.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the bill, entitled "An act to regulate the time and manner of administering certain oaths," was read a third time, and passed the Senate with the amendments.
Ordered, That the Secretary carry the aforementioned bill to the House of Representatives, together with the amendments, and address the Speaker in the words following:
Sir: The Senate leave passed the bill, entitled "An act to regulate the time and manner of administering certain oaths," with amendments, to which they desire the concurrence of your House.
Ordered, That, when a bill has passed the Senate, the Secretary shall endorse the final determination thereon, and the day when such final question was taken, previous to its being transmitted to the House of Representatives.
Adjourned to 11 o'clock on Thursday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MAY 7, 1789.
The Senate assembled: present as on Tuesday.
The committee appointed to confer with such committee as might be appointed on the part of the House of Representatives, to report what style or titles it will be proper to annex to the Office of President and of Vice president of the United States, finny other than those given in the constitution, reported:
Which report was ordered to lie for consideration.
The report of the committee upon the motion committed May 1st, was considered, and the first paragraph thereof accepted; whereupon,
Ordered, That, when a messenger shall come from the House of Representatives to the Senate, and shall be announced by the door-keeper, the messenger or messengers, being a member or members of the House, shall be received within the bar, the President rising when the message is by one member, and the Senate also, when it is by two or more: if the messenger be not a member of the House, he shall be received at the bar, by the Secretary, and the bill or papers that he may bring, shall there be received from him by the Secretary, and be by him delivered to the President.
The Committee appointed to prepare an answer to the President's speech, delivered to the Senate and House of Representatives of the United States, reported as follows:
Sir: We, the Senate of the United States, return you our sincere thanks for your excellent speech delivered to both Houses of Congress; congratulate you on the complete organization of the federal government, and felicitate ourselves and our fellow citizens on your elevation to the office of President; an office highly important by the powers constitutionally annexed to it, and extremely honorable from the manner in which the appointment is made. The unanimous suffrage of tim elective body in your favor is peculiarly expressive of the gratitude, confidence, and affection of the citizens of America, and is the highest testimonial, at once, of you merit, and their esteem. We are sensible, sir, that nothing but the voice of your fellow citizens could have called you from a retreat, chosen with the loudest predilection. endeared by habit, and consecrated to the repose of declining years. We rejoice, and with us all America, that, in obedience to the call of our common country, you have returned once more to public life. In you all parties confide; in you all interests unite; and we have no doubt that your past services, great as they have been, will be equalled by your future exertions; and that your prudence and sagacity as a statesman will tend to avert the dangers to which we were exposed, to give stability to the present government, and dignity and splendor to that country, which your skill and valor, as a soldier, so eminently contributed to raise to independence and empire.
When we contemplate the coincidence of circumstances, and wonderful combination of causes, which gradually prepared the people of this country for independence; when contemplate the rise, progress, and termination of the late war, which gave them a name among the nations of the earth, we are, with you, unavoidably led to acknowledge and adore the great arbiter of the universe, by whom empires rise and fall. A review of the many signal instances of divine interposition in favor of this country, claims our most pious gratitude: and permit us, sir, to observe, that, among the great events which hard led to the formation and establishment of a federal government,
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we esteem your acceptance of the office of President as one of the most propitious and important.
In the execution of the trust reposed in us, we shall endeavor to pursue that enlarged and liberal policy to which your speech so happily directs. We are conscious that the prosperity of each state is inseparably connected with the welfare of all, and that, in promoting the latter, we shall effectually advance the former. In full persuasion of this truth, it shall be our invariable aim to divest ourselves of local prejudices and attachments, and to view the great assemblage of communities and interests committed to our charge with an equal eye. We feel, sir, the force, and acknowledge the justness of the observation, that the foundation of our national policy should be laid in private morality; if individuals be not influenced by moral principles, it is in vain to look for public virtue; it is, therefore, the duty of legislators to enforce, both by precept and example, the utility, as well as the necessity, of a strict adherence to the rules of distributive justice. We beg you to be assured that the Senate will, at all times, cheerfully co-operate in every measure which may strengthen the Union, conduce to the happiness, or secure and perpetuate the liberties, of this great confederated republic.
We commend you, sir, to the protection of Almighty God, earnestly beseeching him long to preserve a life so valuable and dear to the people of the United States, and that your administration may be prosperous to the nation, and glorious to yourself.
In Senate, May 16, 1789.
Read and accepted; and
Ordered, That, the Vice President should affix his signature to the address in behalf of the Senate.
Mr. Beckley, the Clerk of the House of Representatives, delivered a message, purporting "that the House had concurred with the Senate in the amendments proposed on a bill, entitled 'An act to regulate the time and manner of administering certain oaths;" and, "that the House proposed an amendment to the third amendment, by inserting after the word 'legislatures in the first place,' the words 'at the next session of the said legislatures respectively."
He also brought to the Senate a resolve of the House of Representatives, appointing Mr. Bland, Mr. Trumbull, and Mr. Vining, a committee on the part of the House, to confer with any committee to be appointed on the part of the Senate, and report "joint rules to be established between the two Houses, for the enrollment, &c. of the acts of Congress, and to confer on the mode of presenting addresses, bills, &c. to the President:" And he withdrew.
The Senate agreed to the amendment proposed by the House of Representatives to the amendment to the afore-mentioned bill; and appointed Mr. Langdon, Mr. Read, and Mr. Henry, a committee on their part, for the purpose expressed in the resolve of the House of Representatives received this day; which, together with the concurrence of the Senate to the amendment on the amendment to the bill above mentioned: was carried to the House by the Secretary.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, MAY 8, 1789.
The Senate assembled: present as yesterday.
The report of the committee appointed to determine "What style or titles it will be proper to annex to the office of President and Vice President of the United States, if any other than those given in the constitution;" and to confer with a committee of the House of Representatives appointed for the same purpose, was considered, and disagreed to.
The question was taken, "Whether the President of the United States shall be addressed by the title ofHis Excellency?" and it passed in the negative.
On motion that a committee of three be appointed to consider and report under what title it will be proper for the Senate to address the President of the United States, Mr. Lee, Mr. Ellsworth, and Mr. Johnson, were elected.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, MAY 9, 1789.
The Senate assembled: present as yesterday.
Mr. Beckley, the Clerk of the House of Representatives, delivered a message, purporting that the House had accepted the report of a committee appointed to consider,
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what style or title it will be proper to annex to the office of President and of Vice President of the United States, if any other than those given in the constitution. And he withdrew.
Ordered, That Mr. Few, Mr. Maclay, and Mr. Strong, be a committee to view the apartments in the city hall, and to confer with any committee that may be appointed by the House of Representatives for that purpose, and. report how the same shall be appropriated.
The committee appointed to consider under what title it will be proper for the Senate to address file President of the United States, reported; the consideration of which was postponed until Monday next.
The Secretary was charged with a message to the House of Representatives, with the order of Senate passed the 7th instant, on the mode adopted by the Senate in receiving communications from that House.
Ordered, That Mr. Lee, Mr. Ellsworth, and Mr. Johnson, be a committee, to confer with any committee to be appointed by the House of Representatives, on the difference of opinion now subsisting between the two Houses, respecting the title of the President of the United States: and, on motion for reconsideration, the instruction to the committee was agreed to, as follows:
"That they consider and report under what title it will be proper for the President of the United States in future to be addressed, and confer thereon with such committee as the House of Representatives may appoint for that purpose."
The Secretary carried to the House of Representatives the appointment of a committee on the part of the Senate to view the rooms in the city hall, and to confer upon their appropriation;
The rejection of the report of the committee appointed to consider what style, &c. it will be proper to annex to the offices of President and of Vice President;
And the appointment of a committee on the part of the Senate to confer on a title under which it will be proper to address the President of the United States.
Adjourned until 11 o'clock on Monday morning.
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Senate Journal --MONDAY, MAY 11, 1789.
The Senate assembled: present as on Saturday.
Ordered, That the consideration of the report of the committee upon "the title by which it Will be proper for the Senate to address the President," be postponed until Tuesday next.
Ordered, That a committee, to consist of Mr. Ellsworth, Mr. Carroll, and Mr. Few, he appointed, to consider and report a mode of carrying into execution the second paragraph of the third section of the first article of the constitution.
The committee appointed the 13th of April, to confer With a committee of the House of Representatives, upon the future disposition of the papers in the office of the late Secretary of Congress, made a report, which was ordered to lie until a committee, appointed May 7, to confer with a committee of the House "on joint rules to be established for the enrollment, &c. of the acts of Congress," should report.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, MAY 12, 1789.
The Senate assembled: present as yesterday, and Mr. Morris, from the state of Pennsylvania.
Mr. Beckley, the Clerk of the House of Representatives, delivered a message, purporting, that the House had concurred in the appointment of a committee on their part, consisting of Mr. White, Mr. Scott, and Mr. Sturges, to confer with the committee appointed on the part of the Senate, May the 9th, on the appropriation of the rooms in the city hall;
Also, that the House had appointed a committee, consisting of Mr. Madison, Mr. Trumbull, Mr, Page, Mr. Benson, and Mr. Sherman, to confer with any committee, that the Senate shall appoint on the disagreeing votes of the Senate and House of Representatives upon the report of their joint committee, appointed to consider what titles shall be given to the President and to the Vice President of the United States, if any other than those given in the constitution. And he withdrew.
Ordered, That the committee appointed the 9th of May, to consider "by what title it will be proper for the Senate to address the President of the United States," be instructed to confer with the committee of the House of Representatives, agreeably to the proposition in their message of this day.
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A motion for the committee, appointed to address the President, to proceed, was postponed to Thursday next.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, MAY 13, 1789.
The Senate assembled: present as yesterday, and Mr. Paterson, from the state of New Jersey.
The committee appointed the 11th inst. on the mode of carrying into execution the second paragraph of the third section of the first article of the constitution, reported:
And the report was ordered to lie for consideration.
Ordered, That Mr. Langdon, Mr. Strong, and Mr. Carroll be a committee, to confer with any committee that may be appointed on the part of the House of Representatives, and report what newspapers the members of the Senate and House of Representatives shall be furnished with, at the public expense.
A committee, consisting of Mr. Johnson, Mr. Read, Mr. Langdon, Mr. Morris, Mr. Dalton, Mr. Elmer, Mr. Henry, and Mr. Gunn, was appointed to report a bill, defining the crimes and offences that shall he cognizable under the authority of the United States, and their punishment.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MAY 14, 1789.
The Senate assembled: present as yesterday.
The petition of Archibald M'Lean, to be employed as a printer to the Senate and House of Representatives, was read, and ordered to lie on the table.
The Secretary carried to the House of Representatives the order of Senate, passed yesterday, appointing a committee to report "what newspapers the members of Congress shall be furnished with, at the public expense."
The committee, appointed the 9th instant, to determine "under what title it will be proper for the Senate to address the President," and to confer with a committee of the House of Representatives "upon the disagreeing votes of the Senate and House," informed the Senate, that they bad conferred with a committee of the House of Representatives, but could not agree upon a report.
The committee, appointed the 9th instant, "to consider and report under what title it will be proper for the Senate to address the President of the United States of America," reported, that, in the opinion of the committee, it will be proper thus to address the President:His Highness the President of the United States of America, and Protector of their Liberties.
Which report was postponed;
And the following resolve was agreed to, to wit:
From a decent respect for the opinion and practice of civilized nations, whether under monarchical or republican forms of government, whose custom is to annex titles of respectability to the office of their Chief Magistrate; and that, on intercourse with foreign nations, a due respect for the majesty of the people of the United States may not be hazarded by an appearance of singularity, the Senate have been induced to be of opinion, that it would be proper to annex a respectable title to the office of President of the United States; but the Senate, desirous of preserving harmony with the House of Representatives, where the practice lately observed in presenting an address to the President was without the addition of titles, think it proper, for the present, to act in conformity with the practice of that House:
Therefore,Resolved, That the present address be "To the President of the United States," without addition of title.
A motion was made to strike out the preamble as far as the words "But the Senate;" which passed in the negative:
And, on motion for the main question, it passed in the affirmative.
The committee appointed to consider and report a mode of carrying into effect the provision in the second clause of the third section of the first article of the Constitution, reported:
Whereupon,Resolved, That the Senators be divided into three classes:
The first to consist of Mr. Langdon, Mr. Johnson, Mr. Morris, Mr. Henry, Mr. Izard, and Mr. Gunn;
The second of Mr. Wingate, Mr. Strong, Mr. Paterson, Mr. Bassett, Mr. Lee, Mr. Butler and Mr. Few;
And the third of Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr. Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson.
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That three papers of an equal size, numbered 1, 2, and 3, he, by the Secretary, rolled up and put into a box, and drawn by Mr. Langdon, Mr. Wingate, and Mr. Dalton, in behalf of the respective classes in which each of them are placed; and that the classes shall vacate their scats in the Senate according to the order of numbers drawn for them, beginning with number one:
And that, when Senators shall take their seats from States that have not yet appointed Senators, they shall be placed by lot in the foregoing classes, but in such manner as shall keep the classes as nearly equal as may be in numbers.
The committee appointed to confer with a committee of the House of Representatives, in preparing proper rules to be established for the enrollment, &c. of the acts of Congress, reported; which report was ordered to lie for consideration.
Ordered, That the committee appointed to draft an answer to the President's speech, wait on him, and request him to appoint the time when it will be agreeable to receive the address of the Senate, at his own house.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --FRIDAY, MAY 15, 1789.
The Senate assembled: present as yesterday.
The committee appointed to draft an answer to the President's speech, further reported; whereupon it was
Agreed, That the Senate should wait on the President at his own house on Monday next, at a quarter after 11 o'clock, and that the Vice President then present the address of the Senate, as agreed to on the 7th instant.
The Senate proceeded to determine the classes, agreeably to the resolve of yesterday, on the mode of carrying into effect the provision of the second clause of the third section of the first article of the constitution, and the numbers being drawn, the classes were determined as follows:
Lot No. 1, drawn by Mr. Dalton, contained Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr. Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson, whose seats shall, accordingly, be vacated in the Senate, at the expiration of the second year.
Lot No. 2, drawn by Mr. Wingate, contained Mr. Wingate, Mr. Strong, Mr. Paterson, Mr. Bassett, Mr. Lee, Mr. Butler, and Mr. Few, whose seats shall, accordingly be vacated in the Senate, at the expiration of the fourth year.
Lot No. 3, drawn by Mr. Landon, contained Mr. Langdon, Mr. Johnson, Mr. Morris, Mr. Henry, Mr. Izard, and Mr. Gunn, whose seats shall, accordingly, be vacated in the Senate, at the expiration of the sixth year.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --SATURDAY, MAY 16, 1789.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk; who informed the Senate that "the House had concurred in the appointment of a committee, consisting of Mr. Sylvester, Mr. Wynkoop, and Mr. Smith, of South Carolina, to confer with a committee appointed on the part of the Senate the 13th instant, and to report what newspapers the members of Congress shall be furnished with at the public expense: and that it was an instruction to the said committee, on the part of the House, to receive proposals for printing the acts and other proceedings of Congress." And he withdrew.
The question being taken, Whether the Senate will give a similar instruction to the committee on their part? It passed in the affirmative. And the Secretary informed the House of Representatives of the concurrence.
Ordered, That the petitions from sundry printers, presented to the Senate, be referred to the committee of the Senate appointed the 13th inst.
The committee appointed the 14th of April to consider the mode of keeping and publishing the journals, &c. reported and the report was ordered to lie on the table.
Adjourned until 11 o'clock on Monday next.
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Senate Journal --MONDAY, MAY 18, 1789.
The Senate assembled: present as on Saturday.
Agreeably to the order of the 15th instant, the Senate waited on the President of the United States at his own house, when the Vice President, in their name, delivered to tim President the address agreed to on the 7th inst. To which the President of the United States was pleased to make the following reply;
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Gentlemen: I thank you for your address, in which the most affectionate sentiments are expressed in the most obliging terms. The coincidence of circumstances which led to this auspicious crisis, the confidence reposed in me by my fellow citizens, and the assistance I may expect from counsels which will be dedicated by an enlarged and liberal policy, seem to presage a more prosperous issue to my administration than a diffidence of my abilities had taught me to anticipate. I now feel myself inexpressibly happy in a belief that Heaven, which has done so much for our infant nation, will not withdraw its providential influence before our political felicity shall have been completed, and in a conviction that the Senate will at all times co-operate in every measure which may tend to promote the welfare of this confederated republic. Thus supported by a firm trust in the great arbiter of the universe, added by the collected wisdom of the Union, and imploring the divine benediction on our joint exertions in the service of our country, I readily engage with you in the arduous, but pleasing task of attempting to make a nation happy.
G. WASHINGTON.
The petition of Thomas Greenleaf, that he might be appointed printer to Congress, was read, and committed to the committee to whom petitions of a similar nature were referred on the 16th instant.
The petition of Paul Pritchard, in behalf of himself and other ship wrights of South Carolina, was read, and ordered to lie for consideration.
A message by Mr. Beckley, the Clerk of the House of Representatives; who brought to the Senate a bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," which he informed the Senate the House had passed, and to which they desired the concurrence of the Senate. And he withdrew.
The bill above mentioned was read a first time and Thursday next was assigned for the second reading; and it was
Ordered, That fifty copies thereof be printed, in the mean time, for the use of the Senate.
Ordered, That Mr. Lee be a committee on the part of the Senate, to join any committee appointed for that purpose on the part of the House of Representatives, and lay before the President of the United States, for his approbation, a bill, entitled "An act to regulate the time and manner of administering certain oaths," after it shall be enrolled, examined by the said committee, and signed by the Speaker of the House of Representatives, and by the Vice President.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MAY 19, 1789.
The Senate assembled: present as yesterday.
The Secretary carried to the House of Representatives the resolve of Senate, passed the 18th instant, appointing a committee on their part to lay before the President a bill, entitled "An act to regulate the time and manner of administering certain oaths," after it shall be enrolled, &c.
The committee to whom was referred the motion for printing the journals of the Senate, and furnishing each member with a copy thereof; and also, to report upon the mode of keeping the journals; and who were instructed to consider whether the minutes be amended, so as to record only the acts of the Senate on the journal, reported as follows:
"That one hundred and twenty copies of the journals of the legislative proceedings only, be printed once a month; commencing the first publication on the first day of June next; and that each member be furnished with a copy: that the proceedings of the Senate, when they shall act in their executive capacity, shall be entered and kept in separate and distinct books.
"That every vote of the Senate shall be entered on the journals, and that a brief statement of the contents of each petition, memorial, or paper, presented to the Senate, be also inserted on the journals.
"That the journals, previous to each publication, be revised by a committee to be appointed from time to time for that purpose;" which report was accepted.
The committee appointed to confer with a committee of the House of Representatives, and report what newspapers the members of Congress shall be furnished with at the public expense, reported in part; which report was ordered to lie on the table.
Ordered, That Mr. Paterson, Mr. Carroll, and Mr. Wingate, be a committee to revise the journal, previous to its publication.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, MAY 20, 1789.
The Senate assembled: present as yesterday.
The petition of Thomas Allen, to supply the stationery that may be wanted for the use of Congress, was read, and referred to the committee on petitions of a similar nature.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, MAY, 21, 1789.
The Senate assembled: present as yesterday.
The honorable William Grayson, from the state of Virginia, appeared, produced his credentials, and took his seat in the Senate.
Resolved, That all bills on a second reading shall be considered by the Senate in the same manner as if the Senate were in a committee of the whole, before they shall be taken up and proceeded on by the Senate agreeable to the standing rules, unless otherwise ordered.
Mr. Grayson was added to the committee appointed the 13th of May, "to define the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."
Ordered, That the second reading of a bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," be postponed until Monday next.
Adjourned until 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, MAY 22, 1789.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk, who brought to the Senate an enrolled bill, entitled "An act to regulate the time and manner of administering certain oaths," signed by the Speaker of the House of Representatives, and informed the Senate "that the House had agreed in the appointment of a committee on their part, consisting of Mr. Partridge and Mr. Floyd, to lay the bill before the President, after it shall have passed the formalities prescribed in the resolve of the 18th of May." And he withdrew.
The committee appointed to examine the afore-mentioned bill, reported, that they had performed the service; whereupon, the bill was signed by the Vice President, and was, by the committee thereunto appointed, laid before the President of the United States for his approbation.
Adjourned until 11 o'clock on Monday next.
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Senate Journal --MONDAY, MAY 25, 1789.
The Senate assembled: present as on Saturday.
Mr. Elmer had leave of absence for three weeks.
The Senate proceeded in the consideration of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States:" And, after progress.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MAY 26, 1789.
The Senate assembled: present as yesterday.
A message was delivered from the House of Representatives, by Mr. Beckley, their Clerk, who delivered the following resolve: And withdrew.
"In the House of Representatives of the United States,
Monday, the 25th of May, 1789.
"Resolved, That a committee be appointed, to confer with any committee which may be appointed by the Senate, on the proper method of receiving into either House, bills or messages from the President of the United States. The members appointed, Mr. Partridge, Mr. Floyd, and Mr. Thatcher.
"Extract from the journal,
"JOHN BECKLEY,Clerk."
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The message was considered, and the appointment of a committee on the part of the Senate, was concurred: Mr. Lee and Mr. Izard were joined.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, MAY 27, 1789.
The Senate assembled: present as yesterday.
The Secretary went to the House of Representatives with a message, purporting the concurrence on the part of the Senate, in the appointment of a committee upon the mode of receiving messages from the President of the United States, agreeably to the proposition of the House of Representatives made yesterday.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, MAY 28, 1789.
The Senate assembled: present as yesterday.
The Senate proceeded in the consideration of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States;" and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, MAY 29, 1789.
The Senate assembled: present as yesterday.
Proceeded in the consideration of the bill, entitled "An act for laying a duty or goods, wares, and merchandises, imported into the United States."
The committee, appointed the 13th instant, to confer with the committee of the House of Representatives, and report "what newspapers the members of Congress shall be furnished with at the public expense," further reported; which report was ordered to lie on the table.
A message from the House of Representatives, by Mr. Beckley, their Clerk; who brought to the Senate an engrossed bill, entitled "An act imposing duties on tonnage;"
A resolve of the House of Representatives of the 28th, providing the members of the Senate and House of Representatives each, with a set of the journals of the late Congress;
A resolve of the 28th, on the report of a joint committee appointed "to confer on the mode of furnishing the members of the Senate and House of Representatives with newspapers, journals," &c.
Also, a resolve of this day, on the report of a joint committee appointed" to confer upon the mode of receiving, in the Senate and House of Representatives, bills, &c. from the President of the United States," desiring the concurrence of the Senate thereto. And he withdrew.
In the House of Representatives of the United States,
the 29th of May, 1789.
Mr. Partridge, from the committee appointed to confer with a committee of the Senate, on the proper method of receiving into either House, bills or messages from the President of the United States, made a report, and the said report being amended, to read as followeth:
"That, until the public offices are established, and the respective officers are appointed, any returns of bills and resolutions or other communications from the President, may be received by either House, under cover, directed to the President of the Senate, or Speaker of the House of Representatives, (as the case may be) and transmitted by such person as the President may think proper:
"Resolved, That this House doth agree to the said report.
"Extract from the journal,
"JOHN BECKLEY,Clerk."
In Senate, read and concurred.
The bill and other resolutions were ordered to lie for consideration.
Adjourned until 11 o'clock on Monday morning.
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Senate Journal --MONDAY, JUNE 1, 1789.
The Senate assembled: present as on Saturday.
The Secretary carried to the House of Representatives the concurrence of the Senate upon a resolve of the House of the 29th of May, on the mode of receiving communications from the President of the United States.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to inform the Senate that the President has affixed his signature to a bill, entitled "An act to regulate the time and manner of administering certain oaths," and has returned it to the House of Representatives, from whence it originated. And he withdrew.
The Senate proceeded in the consideration of the bill, entitled "An act for laving a duty on goods, wares, and merchandises, imported into the United States," and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, JUNE 2, 1789.
The Senate assembled: present as yesterday.
The resolve of the House of Representatives, of the 28th May, was considered, viz:
"In the House of Representatives of the United States,
Thursday, the 28th May, 1789.
"The House proceeded to consider the two reports, one made the 19th instant, the other the 26th instant, by the committee appointed to confer with a committee of the Senate, to consider and report what newspapers the members of Congress shall be furnished with at the public expense, and to receive proposals for printing the acta and other proceedings of Congress: and the first report, in the words following, to wit:
"That, in their opinion, public economy requires that the expense heretofore incurred by the public, of supplying every member of Congress with all the newspapers printed at the seat of Congress, should be retrenched in future; but, as your committee consider the publication of newspapers to be highly beneficial in disseminating useful knowledge throughout the United States, and deserving of public encouragement, they recommend, that each member of Congress be supplied, at the public expense, with one paper, leaving the choice of the same to each member, and that it be the duty of the Secretary of the Senate, and Clerk of the House of Representatives, to give the necessary directions to the different printers, to furnish each member with such papers as he shall choose." Being again read and debated,
Resolved, That this House doth disagree to the said report. The other report being again read, and amended to read as follows:
"That it would be proper that it should be left to the Secretary of the Senate and Clerk of the House of Representatives, to contract with such person as shall engage to execute the printing and binding business on tire most reasonable terms, the paper being furnished by the said Secretary and Clerk, to such person, at the public expense. That such person as they shall contract with, shall be obliged to render a state of his accounts quarterly, and that six hundred copies of the acts of Congress, and seven hundred copies of the journals be printed, and distributed to the executive and judicial, and heads of departments of the government of the United States, and the executive, legislative, and judicial of the several states:"
Resolved, That this House doth agree to the said report.
Extract from the journal,
JOHN BECKLEY,Clerk.
And, on the question of concurrence on the first report, it was postponed.
The other report was read, and concurred with an amendment, viz. after the words "and distributed to the," insert "members of the legislative, to the."
The Senate proceeded in the consideration of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States."
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 3, 1789.
The Senate assembled: present as yesterday.
Proceeded in the consideration of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States,"
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And further postponed the second reading until to-morrow at 11 o'clock.
The Secretary informed the House of Representatives of the concurrence of the Senate in a resolve of the 28th of May, upon the mode of printing the acts and journals of Congress as agreed to yesterday; and requested the House of Representatives to send to the Senate, "An act to regulate the time and manner of administering certain oaths."
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought to the Senate the act last mentioned; informed the Senate of the concurrence of the House of Representatives in their amendment on a resolve of the 28th May, on the mode of printing the acts and journals of Congress. And he withdrew.
Ordered, That Mr. Langdon administer the oath to the Vice President; which was done accordingly.
And the Vice President administered the oath, according to law, to the following members: to Mr. Langdon, Mr. Wingate, Mr. Strong, Mr. Dalton, Mr. Johnson, Mr. Ellsworth, Mr. Paterson, Mr. Maclay, Mr. Morris, Mr. Read, Mr. Bassett, Mr. Carroll, Mr. Henry, Mr. Lee, Mr. Grayson, Mr. Izard, Mr. Few, and Mr. Gunn.
The same oath was, by the Vice President, administered to the Secretary, together with the oath of office.
Ordered, That Mr. Morris, Mr. Carroll, Mr. Langdon, Mr. Read, and Mr. Lee, be a committee to consider and report the mode of communicating the acts of Congress to the several states in the Union, and the number necessary for that purpose.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, JUNE 4, 1789.
The Senate assembled: present as yesterday.
On the report of the committee appointed the 3d June, to consider the mode of communicating the acts of Congress to the several states in the Union,
Resolved, That, in ten days after the passing of every act of Congress during the present session, or until some other regulation shall be adopted, twenty-two printed copies thereof, signed by the Secretary of the Senate and Clerk of the House of Representatives, and certified by them to be true copies of the original act, be lodged with the President of the United States, and that he be requested to cause to be transmitted, two of the said copies, so attested as aforesaid, to each of the supreme executives in the several states.
The Secretary carried the aforesaid resolve to the House of Representatives for their concurrence.
The Senate proceeded to the second reading of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States;"
And the further consideration of the bill was postponed until to-morrow.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 5, 1789.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who informed the Senate of the concurrence of the House on the resolution of the 4th June, upon the mode of communicating the acts of Congress to the executives of the several states in the Union. And he withdrew.
According to the order of the day, the Senate proceeded in the second reading of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States."
Adjourned until Monday next at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 8, 1789.
The Senate assembled: present as on Friday.
The honorable Pierce Butler, from the state of South Carolina, appeared, produced his credentials, and took his seat in the Senate.
The Vice President administered the oath to Mr. Butler.
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"In the House of Representatives of the United States,
Thursday, the 28th of May, 1789.
"On motion,
"Resolved, That every such member of the present Congress, as is not yet furnished with a set of the journals of the late Congress, shall, on application to the keeper of the records and papers of the said late Congress, be entitled to receive a complete set of such journals.
"Extract from the journal,
"JOHN BECKLEY,Clerk."
Read and concurred;
And the Secretary carried a message to the House of Representatives accordingly.
The Senate proceeded in the second reading of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," and agreed that Mr. Ellsworth, Mr. Morris, Mr. Lee, Mr. Butler, and Mr. Dalton, be a committee to consider and report the expediency of adding a clause prohibiting the importation of goods from China or India, in ships or vessels, other than those belonging to the citizens of the United States.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 9, 1789.
The Senate assembled: present as yesterday.
The petitions of Brittingham Dickinson and others, in behalf of me shipwrights Baltimore town, and of John Wharton and others, in behalf of the shipwrights of Philadelphia, praying that such restrictions may take place, as to effect the revival of their branch of business;
The petition of Thomas Long and others, in behalf of the tradesmen and manufacturers of Baltimore town;
Of Gibbon Sharp and others, in behalf of the manufacturers of the town of Boston;
Of Anthony Post and others, in behalf of the manufacturers of the city of New York, praying that such regulations and restrictions may be adopted in relation to the importation of foreign articles, as may encourage home manufactures;
Also, the petition of Jacob Morgan and others, in behalf of the distillers of Philadelphia;
And of John M'Lellan, in behalf of the merchants and traders of Portland, praying that the proposed duty on molasses may be either abolished, or greatly reduced; were severally read, and ordered to lie for consideration.
The bill, entitled "An act imposing duties on tonnage," was read a first time, and Thursday next was assigned for the second reading.
The Senate proceeded in the second reading of the bill entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," and Wednesday next was assigned for the third reading of the bill.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, JUNE 10, 1789.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, proceeded to a third reading of the bill, entitled "An act for laying duty on goods, wares, and merchandises, imported into the United States."
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 11, 1789.
The Senate assembled: present as yesterday.
Proceeded in the third reading of the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States."
And the question being taken upon the bill, it was concurred, with the following amendments:
Page 1, line 1, At A insert, 'for the discharge of the debts of the United States.'
Line 3, Strike out 'Congress,' and insert, 'Senate and Representatives,' and after the words 'United States,' insert, 'of America in Congress assembled.'
Line 4, Expunge 'fifteenth day of June,' and insert 'first day of July.'
7 Strike out the words following: 'On all distilled spirits of Jamaica proof,
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imported from the European dominions of any state or kingdom, having a commercial treaty with the United States, per gallon, 12 cents.
'On all other distilled spirits, imported from the European dominions of such state or kingdom, per gallon, 10 cents.'
Line 10 Strike out the word 'other.'
11 Strike out '15,' and insert '10.'
12 Strike out '12,' and insert'8.'
13 Strike out '5,' and insert '3.'
14 Strike out '25,' and insert '18.'
15 Strike out '15,' and insert '10.'
16 Strike out '8,' and insert '5.'
17 Strike out '25,' and insert '16.'
Page 2, Lines 1 and 2, Strike out '75' and insert '60.'
4 Strike out '200,' and insert '150.'
10 At B, insert 'on indigo per pound, 16 cents.'
11 Strike out '3'and insert '1.'
15 At E, insert 'or in ships or vessels built in foreign countries, and on the sixteenth day of May last wholly the property of a citizen or citizens of the United States, and strike continuing until the time of importation.'
Line 19 Strike out '10' and insert '12'
20 Strike out the words following: 'On all teas imported from any country other than China or India, in any ship or vessel whatsoever, or from China or India in any ship or vessel which is not wholly the property of a citizen or citizens of the United States, as follows:
'On bohea tea, per pound, ten cents.
'On all souchong or other black teas, per pound, fifteen cents.
'On all hyson teas, per pound, thirty cents.
'On all other green teas, per pound, eighteen cents.'
And insert 'On all teas imported from Europe, in ships or vessels built in the United States, and belonging wholly to a citizen or citizens thereof, or in ships or vessels built in foreign countries, and on the sixteenth day of May last wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, as follows:
'On bohea tea, per pound, eight cents.
'On all souchong, and other black teas, per pound, thirteen cents.
'On all hyson teas, per pound, twenty-six cents.
'On all other green teas, per pound, sixteen cents.
'On all teas imported in any other manner than as above mentioned, as follows:
'On bohea tea, per pound, fifteen cents.
'On all souchong, and other black teas, per pound, twenty-two cents.
'On all hyson teas, per pound, forty-five cents.
'On all other green teas, per pound, twenty-seven cents.
'On all goods, wares, and merchandises, other than teas imported from China or India, in ships not built in the United States, and not wholly the property of a citizen or citizens thereof, north vessels built in foreign countries, and, on the sixteenth day of May last, wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, twelve and an half per centum ad valorem.'
At C, insert 'on gun powder,' and 'on all paints ground in oil, ten per centum ad valorem.'
Line 32, strike out '7½,' and insert'10;'
And, in the same line, strike out 'of metal. '
At K, insert 'on shoe and knee buckles, ten per centum ad valorem.'
Page 2, line 33 and 34, strike out '7,' and insert '10.'
Page 3, lines 1, 2, 3, 6, 9, 10, strike out '7½,' and insert '10.'
At L, insert 'on gold and silver lace, on gold and silver leaf, ten per centum ad valorem.'
'And that all the articles dutied ad valorem, be arranged together under their respective rates.'
At M, insert 'on playing cards, per pack, ten cents.'
Line 17, after 'wool,' insert 'cotton,' and strike out the words other than indigo.'
Line 21, insert after 'sixty cents,' and on cotton, per pound, three cents.
Page 4, line 1, strike out the following words: 'And be it further enacted by the authority aforesaid, that there shall be allowed and paid on every gallon of rum distilled
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within the United States, and exported beyond the limits of the same, in consideration of the duty on the importation of the molasses from which the said rum shall have been distilled, six cents.'
Page 3, line 23, at N, insert 'except on distilled spirits, other than brandy and geneva.'
Line 25, at O, insert 'as settled by the late treaty of peace.'
Page 4, line 7, at P, insert 'or in vessels built in foreign countries, and, on the sixteenth day of May last, wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation.'
The second reading of the bill, entitled "An act imposing duties on tonnage," was postponed until to-morrow.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 12, 1789.
The Senate assembled: present as yesterday.
The second reading of the bill, entitled "An act imposing duties on tonnage," was farther postponed to Monday next.
The secretary carried to the House of Representatives the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," as concurred with amendments.
Mr. Lee, in behalf of the committee thereto appointed, reported "a bill to establish the judicial courts of the United States;" which was read the first time, and Monday, the 22d of June, was assigned for the second reading.
Ordered, That Mr. Butler be added to the committee appointed "to consider report a bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."
Adjourned until Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 15, 1789.
The Senate assembled: present as on Friday.
Proceeded to the second reading of a bill, entitled "An act imposing duties on tonnage;" and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 16, 1789.
The Senate assembled: present as yesterday.
Proceeded in the second reading of the bill, entitled "An act imposing duties on tonnage."
Assigned to-morrow at 11 o'clock for the third reading.
The petition of Richard Phillips, praying for consideration on account of his past services, was read, and ordered to lie on the table.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, JUNE 17, 1789.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, proceeded to the third reading of the bill, entitled "An act imposing duties on tonnage," and concurred in the same, with the amendments following:
Line 1, strike out 'the Congress of the United States,' and insert 'the Senate and Representatives of the United States of America, in Congress assembled.'
Line 4, strike out at A, 'now belonging,' and insert 'on the 29th day of May, 1789, belonging, and during the time such ships or vessels shall continue to belong.'
Lines 5, 6, and 7, strike out from c. to d. viz: 'on all ships,' &c. and insert 'on all ships or vessels hereafter built in the United States, belonging wholly or in part to subjects of foreign powers, at the rate of twenty cents per ton.'
Line 7, next after the words 'on all,' insert 'other.'
Line 8, strike out from e. to f. viz: 'belonging wholly or in part to subjects of other powers.'
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Lines 9 and 10, strike out from g. to h. viz: 'on all ships,' &c.
Line 14, strike out 'no' and 'shall be,' and insert 'every.'
Line 17, insert after 'citizens thereof,' 'shall on each entry pay fifty cents pe ton.'
Line 19, strike out 'June,' and insert, 'July.'
On motion,
Ordered, That a committee, to consist of Mr. Butler, Mr. Morris, Mr. Langdon, Mr. Dalton, and Mr. Lee, be appointed, to arrange and bring forward a system for the regulation of the trade and intercourse between the United States and the territory of other powers in North America, and the West Indies, so as to place the same on more beneficial and permanent footing.
The committee, appointed May the 9th, to view the rooms in the city hall and to confer with a committee of the House of Representatives appointed for the purpose, reported.
Ordered, That the report lie for consideration.
Mr. Beckley, the Clerk of the House of Representatives, brought up the following resolve:
In the House of Representatives of the United States,
Monday, the 15th of June, 1789.
The House proceeded to consider the amendments of the Senate to the bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States." Whereupon,
Resolved, That this House doth agree to the 1st, 8th, 9th, 10th, 16th, 18th, 19th, 20th, 21st, 23d, 31st, 33d, 34th, 35th, 36th, 37th, 38th, 39th, and 40th amendments; and doth disagree to the 2d, 4th, 5th, 6th, 7th, 11th, 12th, 13th, 14th, 15th, 17th, 22d, 24th, 25th, 26th, 27th, 28th, 29th, 30th, and 32d amendments.
The third amendment was read and agreed to with an amendment, by striking out the word 'July,' proposed to be inserted by the Senate, and inserting in lieu thereof the word 'August.'
Test, JOHN BECKLEY,Clerk.
And he withdrew.
Ordered, That to-morrow be assigned for the consideration of the above message.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 18, 1789.
The Senate assembled: present as yesterday.
The bill, entitled "An act imposing duties on tonnage," with amendments, was carried to the House of Representatives by the Secretary.
The Senate proceeded to the consideration of the message from the House of Representatives of yesterday, upon the proposed amendments to a bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 19, 1789.
The Senate assembled: present as yesterday, and Mr. Elmer, from the State of New Jersey.
Proceeded in the consideration, of the message from the House of Representatives of the 17th, upon the amendments proposed by the Senate to a bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," andinsisted on their amendments, as follow: No. 2, 4, 5, 6, 7, 11, 12, and 17; butreceded from the following amendments, No. 3, 13, 14, 15, 22, 24, 25, 26, 27, 28, 29, 30, and 32; and the Secretary delivered the message to the House of Representatives accordingly.
The Committee, appointed May 9th, to view the rooms in the city hall, and to confer with a Committee of the House of Representatives appointed for that purpose, reported in part:
That the two rooms on the first floor in the south-west angle of the said hall, are not necessary for the accommodation of Congress, and that the mayor of the city be notified thereof, that the said rooms may be occupied by such persons as the corporation may employ to take charge of the building.
Read and accepted, and sent to the House of Representatives for concurrence.
Adjourned until 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 22, 1789.
The Senate assembled: present as on Friday.
The Vice President administered the oath to Mr. Elmer.
Proceeded to the second reading of "a bill to establish the judicial courts of the United States," and, after progress,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 23, 1789.
The Senate assembled: present as yesterday.
Proceeded in the second reading "a bill establish the judicial courts of the United States," and, after progress,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 24, 1789.
The Senate assembled: present as yesterday.
Proceeded in the second reading 'a bill to establish the judicial courts of the United States."
A message from the House of Representatives, by Mr. Beckley, their clerk; who brought to the Senate.
The concurrence of the House upon the report of a committee, appointed May the 9th to view the rooms in the city hall;
A bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs," which had passed the House of Representatives, and to which the concurrence of the Senate was desired;
A bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," together with the concurrence of the House of Representatives, upon the second amendment, and their concurrence on the third amendment insisted on by the Senate, with an amendment, viz:
After the words 'Senate and,' to insert 'House of;'
The non-concurrence of the House on the fourth and fifth amendments insisted on by the Senate, and their desire of a conference with the Senate on the subject matter of disagreement on the sixth, seventh, eleventh, twelfth, and seventeenth, amendments; with the appointment of Mr. Boudinot, Mr. Fitzsimons, and Mr. Madison, managers of the conference on the part of the House;
Also, a bill, entitled "An act imposing duties on tonnage," and the agreement of the House of Representatives to the first, second, and ninth amendments, with an amendment; and then disagreement to third, fourth, fifth, sixth, seventh, and eighth amendments proposed by the Senate, together with the desire of the House of Representatives of a conference with the Senate upon the subject matter of the amendments disagreed to, with the appointment of Mr. Boudinot, Mr. Fitzsimons, and Mr. Madison, managers of the conference on the part of the House of Representatives. And he withdrew.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 25, 1789.
The Senate assembled: present as yesterday.
Proceeded to consider the message from the House of Representatives on the amendments proposed by the Senate to a bill, entitled "an act for laying a duty on goods, wares, and merchandises, imported into the United States," and,
Resolved, Torecede from their second amendment so far as to concur with the House of Representatives in inserting the words 'House of' next to the words 'Senate and.'
Resolved, That the Senate do stillinsist on the fourth and fifth amendments, but have agreed to the proposed conference; and have charged their managers to confer with those of the House of Representatives, as well on the said fourth and fifth amendments, as on the other amendments, on which the House of Representatives have requested a conference; and the Senate request, that the House of Representatives will also charged their managers to confer with those of the Senate on the said fourth and fifth amendments; and that Mr. Morris, Mr. Lee, and Mr. Ellsworth, be the managers on the part of the Senate;
And a message was carried to the House of Representatives accordingly.
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Proceeded to consider the message from the House of Representatives of the 24th, upon their amendments proposed to the bill, entitled "An act imposing duties on tonnage;" and the Senate agreed to recede from their first amendment, so far as to concur With the House of Representatives in the insertion of the words, 'House of,' after 'Senate and."
And, in the ninth amendment, to strike out the word 'July,' and insert 'August,' and,
Resolved, That Mr. Morris, Mr. Lee, and Mr. Ellsworth, be a committee to confer with the committee appointed by the House of Representatives, upon the disagreement of the Senate and House on the third, fourth, fifth, sixth, seventh, and eighth amendments, proposed by the Senate;
And a message was carried to the House of Representatives accordingly.
The Senate proceeded to the consideration of the bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs;" which was read the first time, and ordered to lie lot consideration.
Proceeded in the second reading "a bill to establish the judicial courts of the United States;" and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 26, 1789.
The senate assembled: present as yesterday.
Resumed the second reading "a bill to establish the judicial courts of the United States."
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JUNE 27, 1789.
The Senate assembled: present as yesterday.
Mr. Morris, in behalf of the committee appointed to confer with a committee of the House of Representatives upon the amendments proposed to a bill, entitled "An act for laying duty on goods, wares, and merchandises, imported into the United States," and upon a bill, entitled "An act imposing duties on tonnage;" reported upon the respective bills; and the reports were ordered to lie for consideration.
Resumed the second reading "a bill to establish the judicial Courts of the United States,"
A message from the House of Representatives, by Mr. Beckley, their Clerk.
"In the House of Representatives of the United States,
"the 27th of June, 1789.
"Mr. Boudinot, from the managers appointed on the part of this House to attend the Conference with the Senate, on the subject matter of the amendments depending between the two Houses to the bill, entitled "An act for laying a duty on wares, and merchandises, imported into the United States," made a report; whereupon,
"Resolved, That this House dothrecede from their disagreement to the fourth, fifth, sixth, seventh, eleventh, twelfth, and seventeenth amendments, and doth degree to the said amendments, respectively, with amendments to the said twelfth and seventeenth amendments, as follow: in the twelfth amendment, strike out 'sixteen,' and insert 'twenty;' in the seventeenth amendment, strike out 'one,' and insert 'two.'
"Test, "JOHN BECKLEY,Clerk."
And he Withdrew.
The Senate agreed so far torecede from their twelfth and seventeenth amendments, proposed to the House of Representatives, as to concur in their propositions on those amendments.
Adjourned until 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 29, 1789.
The Senate assembled: present as on Saturday.
Resumed the second reading of "a bill to establish the judicial courts of the United States."
The bill, entitled "An act for laying a duty on goods, wares and merchandises imported
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into the United States," was carried to the House of Representatives, with the amendments as agreed to on the 27th.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
"In the House of Representatives of the United States,
"the 27th of June, 1789.
"Mr. Boudinot, from the managers appointed on the part of this House to attend the conference With the Senate, on the subject matter of the amendments depending between the two Houses, to he bill, entitled An act imposing duties on tonnage," made a report; whereupon,
"Resolved, That this House dothrecede from their disagreement to the third, seventh, and eighth amendments; and doth agree to the said amendments, with an amendment to the third amendment, as followeth:
"In lieu of striking out the clause, as proposed by the Senate, to retain the same; and add to the end thereof, the words proposed to be inserted. by the Senate, amended to read thus: 'on all ships or vessels hereafter built in the United States, belonging wholly, or in part, to subjects of foreign powers, at the rate of thirty cents per ton.'
"Resolved, That this House doth insist on their disagreement to the fourth, fifth, and sixth amendments.
"Test, "JOHN BECKLEY,Clerk."
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 30, 1789.
The Senate assembled: present as yesterday.
The Senate proceeded to the consideration of the resolve of the House of Representatives of the 27th, and the report of a committee of conference, on their disagreement to the amendments proposed by the Senate to a bill, entitled "An act imposing duties on tonnage;" and,
Resolved, Toadhere to their third, fourth, fifth, and sixth amendments. But so far to concur in the amendment of the House of Representatives upon the third amendment, as to agree to the insertion of the following words: 'on all ships or vessels hereafter built in the United States, belonging wholly, or in part, to subjects of foreign powers, at the rate of thirty cents per ton.'
The Senate resumed the second reading of "a bill to establish the judicial courts of the United States;" and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY JULY 1, 1789.
The Senate assembled: present as yesterday.
Resumed the second reading of "a bill to establish the judicial courts of the United States."
A message from the House of Representatives, by Mr. Beckley, their Clerk: who informed the Senate that a committee, consisting of Mr. Partridge and Mr. White, was appointed on the part of the House, to join such committee as may he appointed on the part of the Senate, to examine an enrolled bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," and to lay the same before the President of the United States for his approbation. And he withdrew.
Whereupon, Mr. Wingate was appointed on the part of the Senate; and the House of Representatives was notified accordingly.
The bill, entitled "An act imposing duties on tonnage," was carried to the House of Representatives, as agreed to on the 30th of June.
A message from the House of Representatives, by Mr. Beckley, their Clerk; who informed the Senate that the House had receded from their disagreement to the fourth, fifth, and sixth amendments of the Senate, to the bill, entitled "An act imposing duties on tonnage." And he withdrew.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 2, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, on the part of the joint committee, reported, that they had examined
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the enrolled bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States;" and that the same was perfected.
The Senate resumed the second reading of "a bill to establish the judicial courts of the United States."
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up the enrolled bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," signed by the Speaker;
Also, a bill, entitled "An act to establish the Treasury Department," which had passed the House of Representatives, for the concurrence of the Senate thereon.
The enrolled bill was signed by the Vice President, and delivered to the chairman of the committee, who laid it before the President of the United States for his approbation.
Adjourned until 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 3, 1789.
The Senate assembled: present as yesterday.
Resumed the second reading of "a bill to establish the judicial courts of the United States;" and, after debate,
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 6, 1789.
The Senate assembled: present as on Friday.
Resumed the second reading of "a bill to establish the judicial courts of tire United States."
Assigned to-morrow for the third reading.
The bill, entitled "An act to establish the Treasury Department," was read a first time, and Monday next was assigned for a second reading.
The second reading of a bill, entitled "An set for establishing an executive department, to be denominated the Debarment of Foreign Affairs, was deferred to Thursday next.
A bill, entitled "An act to establish an executive department, to be denominated the Department of War," was read a first time, and Friday next was assigned for a second reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who informed the Senate that the President of the United States had affixed his signature to a bill, entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," and had returned it to the House of Representatives;
And that the House had appointed a committee on their part, to be joined by a committee on the part of the Senate, for the purpose of examining an enrolled bill, entitled
"An act imposing duties on tonnage," and to lay the same before the President of the United States, for his approbation.
He also brought with him a resolve of the House of Representatives, providing, "that there be prefixed to the publication of the acta of the present session of Congress, a correct copy of the constitution of the United States." And he withdrew.
Mr. Wingate was appointed on the part of the Senate, to join a committee of the House of Representatives in examining, &c. the bill, entitled "An act imposing duties on tonnage."
The resolve of the House of Representatives, providing that a copy of the constitution of the United States be prefixed to the publication of the acts of the present session of Congress, was read; whereupon,
Resolved, That the Senate do concur.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 7, 1789.
The Senate assembled: present as on Friday.
According to the order of the day, proceeded to a third reading of "a bill to establish the judicial courts of the United States."
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 8, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, in behalf of the committee appointed to inspect an enrolled bill, entitled,
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"An act imposing duties on tonnage," reported, that they had examined the same, and, the errors being corrected, it was ready to be laid before the President for his approbation.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to bring to the Senate an enrolled bill, entitled "An act imposing duties on tonnage," which, having been examined by the committee, is signed by the Speaker of the House of Representatives. And he withdrew.
The Vice President affixed his signature to the above bill, and the committee on part of the Senate was ordered to proceed.
The Senate resumed the third reading of "a bill to establish the judicial courts of the United States."
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 9, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, in behalf of the joint committee appointed to lay before the President of the United States an enrolled bill, entitled "An act imposing duties on tonnage," for his approbation, reported, that they yesterday executed the service assigned them.
The Senate resumed the third reading of "a bill to establish the judicial courts of the United States."
On motion to amend the paragraph, section 27th, line 6th, by inserting, 'that grand jurors, in all cases whatever, and petit jurors, in all cases not punishable with death:'
Passed in the negative.
And in the same section, line 11th, to insert these words, 'that petit jurors, in all cases punishable with death, shall be returned from the body of the county in which the offence was committed:'
Passed in the negative.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 10, 1789.
The Senate assembled: present as yesterday.
Resumed the third reading of "A bill to establish the judicial courts of the United States;' and agreed, in section 29th, line 11th after the word 'for,' to insert 'the executor or administrator,' and to expunge the words, 'the estate of the deceased in the hands of such,' and insert 'the,' line 12th, 'or by.'
In section 30th, to add, 'and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said courts respectively shall, in their discretion and by their rules, prescribe.'
In section 31st, line 1st, to expunge the words, 'by the authority aforesaid.' So in all cases where the words are redundant.
In line 2d, next after 'that' inclusive, expunge the words 'every justice, &c. as far as to 'was committed,' in line 9th.
In section 31st, line 10th, after 'by,' insert these words, 'justice or judge of the United States, or by.'
On motion, it was agreed to reconsider the amendment, page 13th, line 35th, 'or on any hearing of a cause in equity in a circuit court;' and in line 39th, to reconsider Or supreme court, as the case may be.' So the words were struck out.
Adjourned to 11 o'clock tomorrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JULY 11, 1789.
The Senate assembled: present as yesterday.
Resumed the third reading of "a bill to establish the judicial courts of the United States."
On motion to insert between section 17th, and 18th, 'And be it further enacted, that it shall be the duty of circuit courts, in causes in equity, and of admiralty and maritime jurisdiction, to cause the facts on which they found their sentence or decree, fully to appear upon the record, either from the pleadings and decree itself, or a state of the case, agreed by the parties or their counsel; or if they disagree, by a stating of the case by the court:'
A motion was made to postpone this, to take up the following: 'And be it further
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enacted, that it shall be the duty of circuit courts, in the trial of causes in equity, and of admiralty jurisdiction, where facts are contested, to cause the evidence exhibited at the hearing to be reduced to writing, if either of the parties require it. or a state of the facts to be made, if the parties agree thereto:'
Passed in the negative.
On motion to expunge the word 'facts,' and insert the word 'evidence:'
Passed in the negative.
And on the motion for the main question:
Passed in the affirmative.
Agreed to expunge the 15th section: 'And be it further enacted, that suits in equity,' &c.
Agreed, section 20th, page 8th, line 6th, to expunge 'containing,' and insert 'whereto shall be annexed and returned therewith, at the day and place therein mentioned.'
On motion, 'that, in the trial of causes in the supreme court upon a writ of error from a circuit court, the justices who sat on the trial of the cause below, shall not vote in the decision of the cause, except where the court shall he equally divided, but may assign the reasons of their former decision:'
Passed in the negative.
On motion to insert the following clause: 'but no judge of the supreme court shall it on any caused wherein he has given judgment in a circuit court:'
Passed in the negative.
Adjourned until 11 o'clock on Monday morning,
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 15, 1789.
The Senate assembled: present as on Saturday.
Mr. Butler, in behalf of the committee appointed the 17th of June, "to bring forward a system for the regulation of the trade and intercourse between the United States and the territory of other powers in North America and the West Indies, so far as to place the same upon a more beneficial and permanent footing," reported; and the report was ordered to lie for consideration.
Resumed the third reading of "a bill to establish the judicial courts of the United States;" and,
Agreed to strike out from the word 'where,' line 3d, sec. 22d, to the words 'writ of error,' in line 6th, and what follows the word 'supersedeas,' in line 12th, to the word 'execution,' inclusive, and insert instead thereof, 'and whereupon such writ or error.'
To expunge 'well as his costs,' in the last line, and insert as follows: 'also single or double costs, in their discretion.'
Agreed to restore the 15th section, adding the words 'plain, adequate, and,' before 'complete.'
Section eighteenth, last line, agreed to expunge the word 'shall,' and insert as follows: 'but in the discretion of the court may be adjudged to.'
Section ninth, last line, insert 'issues in.'
On motion by Mr. Lee, seconded by Mr. Grayson, to reconsider the twenty-seventh section, and insert, after the word ' services,' in the 11th line, 'Provided always, That in criminal cases, where the punishment is capital, the petit jury shall come from the body of the county where the fact Was committed:'
Passed in the negative.
Ordered, That the bill be re-committed.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 14, 1789.
The Senate assembled: present as yesterday.
The report of the committee appointed the 17th of June, "to bring forward a system for the regulation of the trade and intercourse between the United States and the territory of other powers in North America and the West Indies, so far as to place the same upon a more beneficial and permanent footing", was further postponed to the 15th of July.
Proceeded to the second reading of a bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs;" and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 16, 1789.
The Senate assembled: present as yesterday.
Resumed the second reading of the bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs;" and, after debate,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 17, 1789.
The Senate assembled: present as yesterday.
Resumed the second reading of the bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs;" and agreed, line 1st, to expunge the words 'Congress of the United States,' and insert, 'Senate and House of Representatives of the United States of America in Congress assembled;' and assigned to-morrow for a third reading.
On motion, that, on the final question upon a bill or resolve, any Member shall have a right to enter his protest or dissent on the journal, with reasons in support of such dissent, provided the same be offered within two days after the determination on such final question:
Passed in the negative.
The engrossed bill "to establish the Judicial Courts of the United States," was read, and, upon the question, "Shall the bill pass?" the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, Gunn, Henry, Johnson, Izard, Morris, Paterson, Read, and Strong.
Nays.--Messrs. Butler, Grayson, Langdon, Lee, Maclay, and Wingate.
So the bill passed, and the Secretary was directed to carry the same to the House Representatives for concurrence.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JULY 18, 1789.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, proceeded to a third reading of the bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs."
Ordered, That, in taking the yeas and nays, where the Vice President is called upon to vote, the Secretary propose to him the question.
On Motion to strike out of the bill these words: page 3d, line 15th, 'by the President of the United States;' and the yeas and nays being required thereupon by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Few, Grayson, Gunn, Johnson, Izard, Langdon, Lee, Maclay, and Wingate.
Nays.--Messrs. Bassett, Carroll, Dalton, Elmer, Henry, Morris, Paterson, Read, Strong, and the Vice President.
So it passed in the negative, and the clause proposed to be struck out was retained.
On motion to strike out these words:
Line 4th, 'such duties as shall, from time to time, be enjoined on, or entrusted to, him by the President of the United States, agreeable to the constitution, relative to correspondences, commissions, or instructions, to or with public ministers or consuls
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from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials, or other applications from foreign public ministers, or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the said department: And furthermore, that the said principal officers shall conduct the business of said department, in such manner as the President of the United States shall, from time to time, order or instruct:'
And insert in lieu thereof these words:
'The duties of his office with integrity, ability, and diligence:'
Passed in the negative.
On motion to strike out of line 13th, these words:
'To be appointed by the said principal officer:'
Passed in the negative.
Agreed to expurge the proviso in lines 17th, 18th, and 19th, to wit:
'Provided, nevertheless, That no appointment of such chief clerk shall be valid, until the same shall have been approved by the President of the United States.'
Upon the question, "To concur in this bill as amended?" and one-fifth of the Senators present requiring the yeas and nays, the determination was as follows:
Yeas.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Henry, Morris, Paterson, Read, and Strong.
Nays.--Messrs. Few, Grayson, Gunn, Johnson, Izard, Langdon, Lee, Maclay, and Wingate.
So the bill was concurred with amendments.
The petition of Robert Sickles and others, meters of the city of New York, praying that an augmentation of the rate for measuring grain, &c, may be made in the act for the collection of duties, was read, and ordered to lie on the table.
Assigned Monday next for the second reading of the bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States."
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 20, 1789.
The Senate assembled: present as on Saturday, except Mr. Ellsworth, and Mr. Bassett, who had leave of absence.
The Secretary carried to the House of Representatives, for their concurrence, "A bill to establish the Judicial Courts of the United States," and
"A bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs;" concurred in by the Senate, with amendments.
Agreeably to the order of the day, proceeded to the second reading of the bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States."
And, after debate, it was committed to Messrs. Morris, Langdon, Carroll, Dalton, and Lee, to report such additions and alterations as they may judge requisite.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for the establishment and support of light-houses, beacons, and buoys." They have concurred in the amendments proposed by the Senate to a bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs." And they have received from the President of the United States an enrolled bill, entitled "An act imposing duties on tonnage," with his signature affixed thereto. And he withdrew.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 21, 1789.
The Senate assembled: present as yesterday, except Mr. Maclay, who had leave of absence.
Resumed the second reading of a bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;" and assigned to-morrow for a third reading
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up a bill, entitled "An act to provide for the government of the territory north-west of the river Ohio."
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He also informed the Senate, that the House of Representatives had appointed a committee, to be joined by a committee on the part of the Senate, to examine an enrolled bill, entitled "An act for establishing an Executive Department, to be denominated the Department of Foreign Affairs," and to lay the same before the President of the United States, for his approbation.
Mr. Strong was appointed on the part of the Senate, to join the Committee on the part of the House, in examining, &c. the enrolled bill above mentioned; and the Secretary notified the House accordingly.
The bill, entitled "An act to provide for the government of the territory north-west of the river Ohio," was read a first time, and Wednesday was assigned for a second reading.
The bill, entitled "An act for the establishment and support of light-houses, beacons, and buoys," was read a first time, and to morrow 11 o'clock was assigned for a second reading.
The bill, entitled "An act to establish an Executive Department, to be denominated the Department of War," was read a second time, and the farther consideration of it was postponed until to-morrow.
The bill, entitled "An act to establish the Treasury Department," was read a second time, and ordered to lie for consideration.
Richard Phillips had leave to withdraw his petition.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 22, 1789.
The Senate assembled: present as yesterday.
Mr. Strong, in behalf of the joint committee, appointed to examine an enrolled bill, entitled "An act for establishing an Executive Department, to be denominated Department of Foreign Affairs, reported, that they bad performed that service.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up the above mentioned bill, signed by the Speaker of the House of Representatives. And he withdrew.
The enrolled bill being signed by the Vice President, was, by the committee, laid before the President of the United States for his approbation.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 23, 1789.
The Senate assembled: present as yesterday.
The bill, entitled "An act for the establishment and support of light-houses, beacons, and buoys," was read a second time, and committed to Mr. Morris, Mr. Langdon, and Mr. Dalton.
On the question, whether the clauses in the bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," providing, 'that oaths shall be administered to the master, or other persons having the charge or command of any ship or vessel,' shall be expunged, and the words 'and the owner's and master's declaration, with penalties for false entry,' be substituted?
Passed in the negative.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 24, 1789.
The Senate assembled: present as yesterday.
The committee a pointed on the bill, entitled "An act for the establishment and Support of light-houses, beacons, and buoys," reported amendments, which were read, and ordered to be printed.
The committees requested a recess, to give opportunity to perfect their reports.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JULY 25, 1789.
The Senate assembled: present as yesterday.
The honorable Rufus King, from the state of New York, appeared, produced his credentials, and took his seat.
And the oath was administered to him according to law.
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The petition of Matthew Talcott and others, citizens of the senate of Connecticut, praying that the port of Middletown, in the said state, might be established a port of entry and delivery, was read, and ordered to lie for consideration.
The second reading of the bill, entitled "An act to provide for the government of the territory north-west of the river Ohio," was further postponed to Monday next.
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 27, 1789.
The Senate assembled: present as on Saturday.
The honorable Philip Schuyler, from the state of New York, appeared, produced his credentials and took his seat; and the oath was administered to him according to law.
Mr. Paterson had leave of absence for four days.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up a bill, entitled "An act for settling the accounts between the United States and individual States," for concurrence; and informed the Senate that the President of the United States had affixed his signature to a bill, entitled "An act for the establishment of an Executive Department to be denominated the Department of Foreign Affairs;" and had returned the same to the House of Representatives. And he withdrew.
The first mentioned bill was read a first time, and July the 29th was assigned for a second reading.
Proceeded to the third reading of a bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;" and,
Resolved, That the Senate do concur therein, with the following amendments:
Page 1, line 4, after 'law,' strike out 'upon,' and insert 'on the tonnage of ships and vessels, and on.'
Line 25, after 'Medford,' insert 'Cohasset.'
Page 4, line 9, after 'also,' strike out 'a,' and insert 'two.' Strike out 'to reside at the city of Hudson,' and insert,
Line 10, 'one to reside at the city of Albany, and the other at the city of Hudson.'
13, after 'Burlington, and,' strike out 'Greenwich,' and insert 'Bridgetown.'
24, strike out 'Greenwich,' and insert 'Bridgetown.'
27, after 'Salem,' insert 'Port Elizabeth or,' and after 'Maurice river,' insert 'Stillwell's landing on.'
Line 28, strike out 'Greenwich," and insert 'Bridgetown.'
Page 5, line 5, after 'annexed,' insert 'New Castle and.' Strike out 'a' after 'as,' and insert 's' after 'port' in the second place.
Line 11, after 'river shall be,' strike out 'constituted.'
12, after 'Baltimore,' insert 'which shall be the sole port of entry.'
15, strike out 'constituted.'
16, after 'Chester,' insert 'which shall be the sole port of entry.'
17, after 'inclusive,' insert 'and Cambridge shall be a port of delivery only.'
18, after 'Oxford,' insert 'which shall be the sole port of entry.'
20, after 'inclusive,' insert 'and Salisbury shall be a port of delivery only.'
21, after 'Vienna,' insert 'which shall be the sole port of entry.'
24, strike out 'constituted.'
25, after 'Snow-Hill,' insert 'which shall be the sole port of entry.'
Page 6, line 11, strike out 'ten,' and insert 'twelve.' After 'to wit,' insert 'Hampton as one port.'
Line 12, after 'Tappahannock,' insert 'Yeocomico river, including Kinsale.'
13, after 'Louisville,' insert 'the authority of the officers at Hampton shall extend over all the waters, shores, bays, harbors, and inlets, between the south side the mouth of York river, along the west shore of Chesapeake Bay to Hampton, and thence up James river to the west side of Chicahomony river; and a collector shall be appointed to reside at Hampton, which shall be the sole port of entry.'
Line 16, strike out 'the point of landing forming the south shore at the mouth of York river, thence up to Hampton,' and insert 'the mouth of James river.'
Line 17, strike out 'including both shores thereof,' after 'James river.'
19, strike out 'or Portsmouth, as the Secretary of the Treasury shall direct.'
20, strike out 'Hampton.'
Page 7, line 8, strike out 'to the district of Dumfries, including Newport, shall be annexed Yeocomico river, including Kinsale, as a port of delivery only; and a collector
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for the district shall be appointed to reside at Dumfries, which shall be the sole port of entry; also, a surveyor to reside at Barren point, on Yeocomico river, and the authority of the officers of the said district shall extend over all the waters, shores, bays, harbors, and inlets, comprehended on the south side of Potomac river, from Smith's point to Cockpit point, on the said river,' and insert 'the district of Yeocomico river, including Kinsale, shall extend from Smith's point, on the south side of Potomac river, to Boyd's hole, on the same river, including all the waters, shores, bays, rivers, creeks, harbors, and inlets, along the south shore of Potomac river, to Boyd's hole aforesaid; and Yeocomico, including Kinsale, shall be the sole port of entry, and a collector shall be appointed to reside on Yeocomico river. The district of Dumfries, including Newport, shall extend from Boyd's hole to Cockpit point, on the south side of Potomac river; and a collector shall be appointed to reside at Dumfries, which shall be the sole port of entry; and the authority of the officers of this district shall extend over all the waters, shores, bays, harbors, and inlets, comprehended between Boyd's hole and Cockpit point, aforesaid.'
Page 8, line 14, after 'Jekyl island,' insert 'Frederica shall be a port of delivery only.'
Line 21, strike out 'constituted'
27, after 'Wilmington,' insert 'Newcastle and Port Penn.'
28, after 'Georgetown,' insert 'on Potomac.'
29, strike out 'or,' and insert 'and.'
Page 9, line 4, strike out 'any port or place in India or China, or beyond.'
Line 5, insert after 'Cape of Good Hope,' 'or from any place beyond the same.'
8, after 'Delaware,' insert 'Baltimore town.'
12, strike out 'and', and insert 'or.'
16, strike out '(except the port of Hampton in the said district.')
21, strike out 'Hampton.'
27, after 'or,' insert 'the collector.'
Page 10, line 5, after 'Portsmouth,' insert 'or with the collector for the port of Hampton,'
Line 15, strike out 'making the same.'
18, after 'of goods,' insert 'to employ proper persons as weighers, gaugers, measurers, and inspectors, at the several ports, within his district, together with such persons as shall be necessary to serve in the boats which may be provided for securing the collection of the revenue; to provide, at the public expense, and with the approbation the principal officer of the Treasury Department, store-houses, for the safe keeping of goods, together with such scales, weights, and measures, as shall be deemed necessary.'
Line 22, strike out 'and jointly with him to employ proper persons as weighers, gaugers, measurers, and inspectors at the several ports within their district, together with such persons as shall be necessary to serve in the boats which may be provided for securing the collection of the revenue; to provide, at the public expense, and with the approbation of the principal officer of the Treasury Department, store-houses for the safe keeping of goods, together with such scales, weights, and measures, as shall be deemed necessary.'
Page 11, line 6, after 'naval officer,' insert 'And be it further enacted, That every collector appointed in virtue of this act, in case of his necessary absence, sickness, or inability to execute the duties of his office, may appoint a deputy, duly authorized under his hand and seal, to execute and perform, on his behalf, all and singular the powers, functions, and duties, of collector of the district to which he, the said principal, is attached, who shall be answerable for the neglect of duty, or other mal-conduct of his said deputy in the execution of the office.'
'And be it further enacted, That, in case of the disability or death of any collector, the duties and authorities vested in him by this act shall devolve on his deputy, if any such hath been appointed, (for whose conduct the estate of such disabled or deceased collector shall be liable,) and the said deputy shall exercise the authority, and perform all the duties, until a successor shall be appointed. But, in cases where no deputy is appointed, the authorities and duties of the disabled or deceased collector shall devolve upon the naval officer of the same district, natal a successor, duly authorised and sworn, shall enter upon the execution of the duties of the said office.'
Line 9, after 'port,' strike out 'and the surveyor shall, in like manner, execute all the duties required of other surveyors.'
Line 25, after 'informer,' insert 'and no weigher, gauger, measurer, or inspector, shall execute the duties of his office, until he shall have taken the above oath or affirmation.
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Page 12, line 7, after, 'is bound,' insert 'and the name or names of the person or persons to whom the goods are consigned; or, in cases where the goods are shipped to order, the names of the shippers, noting the goods consigned to their orders.'
Line 19, after 'authorised,' insert 'and required.'
27, after 'ship or vessel,' insert 'but in open day or.'
30, strike out 'and if he be a pilot or officer of the customs.'
Page 13, line 1, after 'years,' insert 'and it shall be the duty of the collector of the district to advertise the names of all such persons in the public gazette of the state in which he resides, within twenty days after each respective conviction.'
Line 19, strike out 'credible witnesses,' and insert 'reputable citizens of the neighborhood, best acquainted with matters of that kind.'
Line 21, 'strike out 'within eight days next after the arrival of such ship or vessel.'
24, strike out 'exact.'
27, strike out 'thereon,' and insert 'on the said entry.'
Page 14, line 3, strike out 'thirty,' and insert 'ten.'
Line 25, strike out 'port,' and insert 'district, or to such person as he shall authorise or appoint, on his behalf, to receive the said goods.'
Line 26, strike out 'goods,' and insert 'packages, with their marks and numbers.'
Page 15, line 1, after 'discharged,' insert 'Provided always, That the said limitation of fifteen days shall not extend to vessels laden with salt or coal; but, if the master or owner of such vessels require longer time to discharge their cargoes, the wages of the inspector, for every day's attendance exceeding the said fifteen days, shall be paid by the master or owner.'
Line 24, strike out 'from India or China,' and insert 'from any place beyond the same.'
Line 25, strike out 'of packages and commissions.'
Page 16, line 9, strike out, 'one hundred,' and insert 'fifty.'
Line 14, strike out 'sufficient in,' and insert 'of double the.'
21, strike out 'one hundred,' and insert 'fifty.'
27, after 'clear out,' insert 'the register of which ship or vessel, at the time of entry, shall be lodged in the office of the collector, and there remain until such clearance.'
Page 18, line 5, after 'equal to,' insert 'double.'
Line 11, after 'by any,' insert 'judge or.'
21, after 'that is to say,' strike out 'every collector in the sum of five thousand dollars; every naval officer in the sum of one thousand dollars; and every surveyor in the sum of one thousand dollars;' and insert 'the collector of Philadelphia, in the sum of sixty thousand dollars; the collector of New York, fifty thousand dollars; the collector of Boston, forty thousand dollars; the collectors of Baltimore town and Charleston, thirty thousand dollars; the collectors of Norfolk and Portsmouth, fifteen thousand dollars; the collectors of Portsmouth, in New Hampshire, of Salem, and Beverly, Wilmington, Annapolis, Georgetown, in Maryland, Bermuda Hundred, and City-point, and Alexandria, ten thousand dollars each; the collectors of Newburyport, Gloucester, Marblehead, Plymouth, Nantucket, Portland, and Falmouth, New London, New Haven, Fairfield, Perth-Amboy, Chester, Oxford, Yorktown, Dumfries, Georgetown, in South Carolina, Beaufort, and Savannah, each five thousand dollars; and all the other collectors in the sum of two thousand dollars each. The naval officers for the ports of Boston, New York, Philadelphia, Baltimore town, and Charleston, ten thousand dollars each; and all the other natal officers in the sum of two thousand dollars each. The surveyors of the ports of Boston, New York, Philadelphia, Baltimore town, and Charleston, five thousand dollars each, and all other surveyors one thousand dollars each.'
Page 18, line 24, after 'vessel,' strike out 'which is not wholly the property of a citizen or citizens of the United States, six dollars; for every entrance of any other ship or vessel of the burthen of one hundred tons or upwards, arriving from any foreign port, four dollars; for every entrance of any such other ship or vessel, under the burthen of one hundred tons, arriving from any foreign port, three dollars;' and insert of one hundred tons burthen and upwards, two dollars and an half; for every clearance of any ship or vessel of one hundred tons burthen and upwards, two dollars and an half; for every entrance of any ship or vessel under the burthen of one hundred tons, one dollar and an half; for every clearance of a ship or vessel under one hundred tons burthen, one dollar and half.'
Line 3, after 'bond,' strike out 'to secure the payment of duties,' and 'insert 'taken officially.'
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Line 4, after 'thirty cents,' insert 'for every official certificate twenty cents; for every bill of health twenty cents; for every other official document, registers excepted, required by the owner or master of every vessel not before enumerated, twenty cents.'
Line 6, strike out 'a common,' and inset 'an office to be provided by the collector, in the place of his residence, most convenient for the trade of the district, in which the said collector and naval officer shall each have, at least, one separate room.'
After 'office,' insert 'and the said fees shall be received by the collector, who shall settle the accounts monthly, and pay to the naval officer the balance which may be due to him on such monthly settlement.'
Page 19, line 7, strike out 'any ship or vessel which is not wholly the property of a citizen or citizens of the United States, and having on board goods, wares, or merchandise, subject to duty, four dollars; for the like services on board any other such ship or vessel, two dollars; for the like services on board any ship or vessel, wholly belonging to a citizen or citizens of the United States, and having on board goods, wares, and merchandise, subject to duty, three dollars; for the like services on beard every other ship or vessel, one dollar;' and insert, 'any ship or vessel of one hundred tons and upwards, and having on board goods, wares, and merchandise, subject to duty, three dollars; for the like services on board any ship or vessel of less than one hundred tons burthen, having on board goods, wares, and merchandise, subject to duty, one dollar and an half; on all vessels not having on board goods, wares and merchandise, subject to duty, two-thirds of a dollar.'
Line 12, after 'shall be paid,' insert 'to the collector.'
13, after 'performed,' insert 'and the said collector shall pay weekly to the surveyor the fees so received.'
Line 16, after 'paid by' strike out 'owners thereof,' and insert 'collector,' out of the revenue.'
Line 18, strike out 'two cents,' and insert 'one cent.'
Page 20, line 25, after 'such goods,' insert 'a protest in due form of law, made by the master and mate, or some of the seamen, or in case no such protest can be had.'
Page 21, line 19, after 'recompence,' insert 'for conniving.'
Line 20, strike out 'with intent to elude the payment of any debt, or the performance of any duty established by law.'
Line 24, strike out 'the sum of one hundred,' and insert 'a sum not less than two hundred, nor more than two thousand.'
Page 22, line 15, after 'merchandise and,' insert 'shall give bond to.'
After 'thereof,' insert 'and to respond the cost in case he shall not support his claim.'
Page 23, line 9, strike out 'two,' and insert 'three,'
24, line 2, strike out 'of foreign,' and insert 'not of their own.'
Line 10, after the end of the paragraph, insert 'and all goods, wares, and merchandise, brought into the United States by land, contrary to this act, shall be forfeited, together with the carriages, horses, and oxen, that shall be employed in conveying the same.'
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 28, 1789.
The Senate assembled: present as yesterday.
Mr. Johnson; in behalf of the committee appointed the 13th of May, reported a bill entitled "An act for the punishment of certain crimes against the United States;" which was read a first time, and Monday next was assigned for a second reading.
The Secretary carried to the House of Representatives the bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, or merchandises, imported into the United States," concurred in with amendments.
On motion, the Senators from the state of New York proceeded to draw lots for their classes, in conformity to the resolve of the 14th of May; and two lots, No. 3 and a blank, being, by the Secretary, rolled up and put into the box, Mr. Schuyler drew blank; and, Mr King having drawn No. 3, his seat shall accordingly be vacated in the Senate at the expiration of the sixth year.
The Secretary proceeded to put two other lots into the box marked Nos. 1 and 2; and, Mr. Schuyler having drawn lot No. 1, his seat shall accordingly be vacated in the Senate at the expiration of the second year.
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Proceeded in a second reading of the bill, entitled "An act for the establishment and support of light houses, beacons, and buoys."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have considered the amendments proposed by the Senate upon the bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," and have concurred therein. And he withdrew.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 29, 1789.
The Senate assembled: present as yesterday, and Mr. Ellsworth attended.
Resumed the second reading of a bill, entitled "An act for the establishment and support of light houses, beacons, and buoys."
A message from the House of Representatives, by Mr. Beckley, their Clerk: who informed the Senate "that a committee was appointed, with such committee as the Senate on their part might appoint, to examine an enrolled bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," and, when signed by the Vice President, and Speaker, to lay the same before the President of the United States, for his approbation. And he withdrew.
The Senate proceeded to the appointment of Mr. Few, a committee on their part, for the purposes expressed in the above message; and the Secretary notified the House of Representatives accordingly.
Resumed the second reading of the bill, entitled "An act to establish the Treasury Department;" and postponed the further consideration thereof until to-morrow.
Proceeded to the second reading of the bill, entitled "An act for settling the accounts between the United States and individual states;" and assigned to-morrow for a third reading.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 30, 1789.
The Senate assembled: present as yesterday.
Proceeded to a third reading of the bill, entitled "An act for settling the accounts between the United States and individual states," and resolved, that the Senate do concur therein; and the Secretary notified the House of Representatives accordingly.
Proceeded to the second reading of the bill, entitled "An act for the establishment and support of light-houses, beacons, and buoys."
The committee on the part of the Senate, reported, that the joint committee, appointed to examine an enrolled bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," had performed that service.
Mr Beckley, the Clerk of the House of Representatives, brought up the above mentioned enrolled bill, signed by the Speaker. And withdrew.
The Vice President signed the enrolled bill, and the committee proceeded to lay it before the President of the United States.
Proceeded in a second reading of the bill, entitled "An act to establish the Treasury Department;" and assigned to-morrow for a third reading.
On motion, that the sense of the Senate should be taken on the following resolve: to wit.
Resolved, That a clause passed, or amendment made, in committee, shall not be revised in the same committee, but may be so done in the Senate; and no amendment or clause agreed to in the Senate shall be reconsidered until the next reading of the bill, except at the third reading of a bill, when, by the consent of the Senate, it may be amended:
Passed in the negative.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 31, 1789.
The Senate assembled: present as yesterday.
Proceeded to a third reading of the bill, entitled "An act to establish the Treasury Department."
On the question, Shall the words 'and an assistant to the Secretary of the Treasury,' at the end of the first paragraph, be stricken out?
Passed in the negative.
On motion, to strike out the words 'Secretary of the Treasury,' and insert 'three Superintendents of the Treasury:'
It passed in the negative.
And, on the question upon the bill,
Resolved, That the Senate do concur therein, with the following amendments: to wit.
Page 1, line 5, after 'treasury,' insert 'which assistant shall be appointed by the said Secretary.'
Line 20, strike out 'of.' Between the words 'debts' and 'due' insert 'that are or shall be.'
Page 2, line 3, between the words 'the' and 'House,' insert 'Senate and.'
Line 15, strike out 'three,' and insert 'six.'
Line 20, strike out 'certify upon,' and insert 'record.'
Line 21, after 'treasury,' insert 'certify, the same thereon.'
Line 23, strike out these words: 'And be it further enacted, That the assistant to the Secretary of the Treasury shall be appointed by the President; and whenever the Secretary shall be removed from office by the President of the United States, or in any other case of vacancy in the office of Secretary, the assistant shall, during the vacancy, have the charge and custody of the records, books, and papers, appertaining to the said office.'
Line 28, strike out 'that shall be'
Page 3, line 5, strike out these words: 'on conviction, be deemed guilty of a high misdemeanor, shall forfeit the penalty of five thousand dollars, and be forever incapable of holding any office under the United States; and any other officer herein mentioned, so offending, shall be removed from office, and pay a flue of two thousand dollars; the forfeitures under this act to go, one half to the United States, the other half to him who will sue for it,' and insert 'be deemed guilty of a high misdemeanor, and forfeit to the United States the penalty of three thousand dollars, and shall, upon conviction, be removed from office, and forever thereafter incapable of holding any office under the United States:Provided, That, if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information.'
A message from the House of Representatives, by Mr. Beckley, their Clerk: who informed the Senate that "the House of Representatives had appointed Mr. White and Mr. Partridge, with such as the Senate may join, a standing committee, to examine the enrollment of all hills, as the same shall pass the two Houses, and, after being signed by the President of the Senate, and Speaker of the House of Representatives, to present them forthwith to the President of the United States;"
Also, that the President of the United States had affixed his signature to a bill, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," and had returned it to the House of Representatives. And he withdrew.
The Senate proceeded to appoint Mr. Wingate a committee on their part, to examine and present to the President of the United States the enrolled bills that may pass the Senate and House of Representatives from time to time.
Proceeded to the third reading of the bill, entitled "An act for the establishment and support of light-houses, beacons, and buoys," and resolved to concur therein, with the following amendments:
In the title of the bill, after 'beacons,' strike out 'and,' and after 'buoys,' insert 'and public piers.'
Line 1, strike out the whole of the section, except the word 'that,' and insert 'all expenses which shall accrue from and after the 15th day of August, 1789, in the necessary support, maintenance, and repairs, of all light-houses, beacons, buoys, and public piers, erected, placed, or sunk, before the passing of this act, at the entrance of, or within, any bay, inlet, harbor, or poet of the United States, for rendering the navigation
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thereof easy and safe, shall be defrayed out of the Treasury of the United States:Provided, nevertheless, that none of the said expenses shall continue to be so defrayed by the United States, after the expiration of one year from the day aforesaid, unless such light-houses, beacons, buoys, and public piers, shall, in the mean time, be ceded to, and vested in, the United States, by the state or states, respectively, which the same may be, together with the lands and tenements thereunto belonging, and together with the jurisdiction of the same.'
Line 11, strike out the whole section.
Line 15, after the word 'states,' insert 'in manner aforesaid.'
Line 18, after the word 'contracts,' strike out the whole of the remaining part the section, and insert 'which shall be approved by the President of the United States, for building a light house near the entrance of Chesapeake Bay, and for re-building, when necessary, and keeping in good repair, the light houses, beacons, buoys, and public piers, in the several states, and for furnishing the same with all necessary supplies; and, also, to agree for the salaries, wages, or hire, of the person or persons appointed by the President for the superintendence and care of the same.'
'And be it further enacted, That all pilots in the bays, inlets, rivers, harbors, and ports, of the United States, shall continue to be regulated in conformity with the existing laws of the states, respectively, wherein such pilots may be, or with such laws as the states may, respectively, hereafter enact for the purpose, until further legislative provision shall be made by Congress.'
The Secretary carried the bill, entitled "An act to establish the Treasury Department," to the House of Representatives, concurred in with the amendments;
Also, the concurrence of the Senate in the resolve of the 31st July, and the appointment of Mr. Wingate a standing committee, jointly with a committee of the House, to examine and present the enrolled bills that may pass the Senate and House of Representatives from time to time.
Proceeded to the second reading of the bill, entitled "An act to provide for the government of the territory north west of the river Ohio;" and postponed the consideration thereof to Monday next.
Adjourned to 11 o'clock on Monday morning.
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Senate Journal --MONDAY, AUGUST 3, 1789.
The Senate assembled: present as on Saturday.
Proceeded to the second reading of a bill, entitled "An act to provide for the government of the territory north west of the river Ohio;" and assigned to-morrow for a third reading.
The bill, entitled "An act for the establishment and support of light houses, beacons, and buoys," concurred in with amendments, was carried to the House of Representatives by the Secretary.
A bill, entitled "An act to establish an Executive Department, to be denominated the Department of War," was considered and a third reading postponed until tomorrow.
The bill, entitled "An act for the punishment of certain crimes against the United States," was read a second time, and the further consideration thereof was postponed.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --TUESDAY, AUGUST 4, 1789.
The Senate assembled; present as yesterday, and Mr. Morris attended.
Proceeded to a third reading a bill, entitled "An act to establish an Executive Department, to be denominated the Department of War."
On motion to strike out these words in lines 6th and 7th, 'and naval,' 'ships,' or 'naval affairs:'
Passed in the negative.
On motion to strike out the words, line 14th, 'and who, whenever the said principal officer shall be removed from office by the President of fire United States:'
And the yeas and nays being required by one fifth of the Senators present, the determination was as follows:
Yeas--Messrs. Butler, Few, Gunn, Grayson, Johnson, Izard, Langdon, Lee, and Wingate--9.
Nays--Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, King, Morris, Reed, Schuyler, and Strong--10.
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So the question was lost, and the words proposed to be struck out, were retained.
And, upon the question on the bill,
Resolved, That the Senate do concur therein, with the following amendments:
Line 1, after 'Be it enacted by the,' strike out 'Congress of the United States,' and insert 'Senate and House of Representatives Of the United States of America in Congress assembled.'
Line 3, after 'war,' strike out 'and.' Strike out 'by reason of,' and insert 'for.'
16, strike out 'Provided, nevertheless, That no appointment of such chief clerk shall be valid until the same shall have been approved by the President of the United States.'
Which bill, with the amendments, was carried to the House of Representatives.
Proceeded to the third reading of a bill, entitled "An act to provide for the government of the territory north west of the river Ohio."
On motion to insert these words after the word 'President,' in the last line of the second section, 'by and with the consent of the Senate:'
And the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Butler, Few, Gunn, Grayson, Johnson, Izard, Langdon, and Wingate--8.
Nays.--Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, King, Morris, Read, Schuyler, and Strong--10.
So it passed in the negative.
And on the question upon the bill, it was
Resolved, To concur therein, with the following amendments, to wit:
Line 10, after 'United States, and' strike out 'all appointments to offices which, by the said ordinance, were to have been made by the United States in Congress assembled, shall be made by the President of the United States, with the advice and consent of the Senate,' and insert "the President shall nominate, and by and with the advice and consent of the Senate, shall appoint, all officers, which, by the said ordinance were to have been appointed by the United States in Congress assembled.'
Line 17, after 'shall,' insert 'be.'
Which bill, with the amendments, was carried to the House of Representatives.
A message from the House of Representatives. by Mr. Beckley, their Clerk: who brought up a bill, entitled "An act for making compensation to the President and Vice President of the United States," and desired the concurrence of the Senate therein;
Informed the Senate that the House had agreed to the amendments on the bill, entitled "An act for the establishment and support of light houses, beacons, and buoys;"
Brought up the acceptance, by the House of Representatives, of a report of a joint committee upon the mode of presenting addresses, the enrollment of bills, &c.
Also, an enrolled bill, entitled "An act for settling the accounts between the United States and individual states," examined by the committee, and signed by the Speaker of the House of Representatives;
Together with the appointment of Mr. Wadsworth, Mr. Carroll, and Mr. Hartley, a committee, to join with a committee of the Senate, to be appointed for the purpose, "to consider of and report when it will be convenient and proper that an adjournment of the present session of Congress should take place; and to consider and report such business, now before Congress, necessary to be finished before the adjournment, and such as may be conveniently postponed to the next sessions; and, also, to consider and report such matters, now before Congress, but which it will be necessary should be considered and determined by Congress, before an adjournment." And he withdrew.
The Vice President affixed his signature to the enrolled bill, entitled "An act for settling the accounts between the United State, and individual states;" and the committee proceeded to lay it before the President of the United States for his approbation.
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, AUGUST 5, 1789.
The Senate assembled: present as yesterday.
Proceeded to a first reading of a bill, entitled "An act for allowing a compensation to the President and Vice President of the United States," and assigned to-morrow for the second reading.
Appointed Messrs. Strong, Ellsworth, and Carroll, a committee, jointly with the committee
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of the House of Representatives, to that purpose appointed, to consider what business is necessary to be acted upon prior to an adjournment, and to report a proper time at which an adjournment shall take place, agreeably to a proposition from the House of Representatives of the 4th of August.
The resolve of the House of Representatives, on the report of a joint committee appointed the 8th of May, upon the enrollment and presentation of the acts of Congress, &c. was read, and ordered to be printed for the consideration of the Senate.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up the concurrence of the House on the amendments proposed by the Senate to a bill, entitled "An act to establish an Executive Department, to be denominated the Department of War;"
Their concurrence on the proposed amendments to a bill, entitled "An act to provide for the government of the territory north-west of the river Ohio;"
And he informed the Senate that the President of the United States had affixed his signature to a bill, entitled "An act for settling the accounts between the United States and individual States;"
He also brought up the following resolve, and the bill therein mentioned, And withdrew.
"Congress of the United States.
"In the House of Representatives,
"Monday, the 3d of August, 1789.
"The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act to establish the Treasury Department;" whereupon,
"Resolved, That this House doth agree to the second, third, fourth, fifth, sixth, and seventh amendments.
"Tuesday, the 4th of August.
"The House resumed the consideration of the amendments proposed by the Senate to the bill, entitled "An act to establish the Treasury Department;" whereupon,
"Resolved, That this House doth agree to the first amendment; also, to so much of the eighth amendment as proposes to strike out the following words, in the seventh clause of the bill: to wit.
"The assistant to the Secretary of the Treasury shall be appointed by the President, and;' and doth disagree to such other part of the said eighth amendment, as proposes to strike out the rest of the clause.
"Wednesday, the 5th of August.
"The House resumed the further consideration of the amendments proposed by the Senate to the bill, entitled "An act to establish the Treasury Department;" whereupon,
"Resolved, That this House doth agree to the ninth and tenth amendments."
The Senate proceeded to the consideration of the above recited message; and,
Resolved toinsist on their eighth amendment proposed to the House of Representatives on the bill, entitled "An act to establish the Treasury Department."
Mr. Butler, in behalf of the committee to whom it was referred, "to arrange and bring forward a system to regulate the trade and intercourse between the United States and the territory of other powers in North America and the West Indies," reported,
That it will be expedient to pass a law for imposing an increased duty of tonnage, for a limited time, on all foreign ships and other vessels that shall load in the United States, with the produce of the same, to any port or place in America whereto the vessels of the United States are not permitted to carry their own produce; but such a law being of the nature of a revenue law, your committee conceive that the originating a bill for that purpose, is, by the constitution, exclusively placed in the House of Representatives.
Your committee beg leave further to report, as their opinion, that it will be expedient to direct a bill to be brought in, for imposing similar restraints upon the trade of the European settlements in America with the United States, that are imposed on the trade of the United States with those settlements.
Resolved, That the first clause of this report be accepted, and that the remainder of the report be recommitted; and that it be an instruction to the committee, in case it shall be their opinion that a legislative provision ought to be made on the subject of the commitment, to report a bill for that purpose; and that Mr. Ellsworth, Mr, King. and Mr. Read, be added to the committee.
Adjourned to 11 o'clock to-morrow:
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, AUGUST 6, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, in behalf of the Committee of Enrollment, reported, that they had examined
A bill; entitled "An act for the support of light houses, beacons, buoys, and public piers;"
A bill, entitled "An act to provide for the government of the territory north west of the river Ohio;"
A bill, entitled 'An act to establish an Executive Department, to be denominated the Department of War;" and that the same were perfected.
The Senate proceeded to a second reading of a bill, entitled "An act for allowing a compensation to the President and Vice President of the United States, and committed it to Messrs. Morris, Read, Elmer, Schuyler, Langdon, Carroll, Ellsworth, Strong, Few, Izard, and Lee.
"Congress of the United States.
"In the House of Representatives,
"Monday, the 27th of July, 1789.
"The House proceeded to consider the report of a committee of the whole House, to whom was referred the report of the committee, appointed to confer with a committee of the Senate, in preparing joint rules to be established between the two Houses, for the enrollment, attestation, publication, and preservation, of the acts of Congress; and to regulate the mode of presenting addresses and other acts to the President of the United States: whereupon,
"Resolved, That the following be established joint rules between the two Houses: to wit.
"That, while bills are on their passage between the two Houses, they shall be on paper, and under the signature of the Secretary or Clerk of each House, respectively.
"After a bill shall have passed both Houses, it shall be duly enrolled on parchment, by the Clerk of the House of Representatives, or the Secretary of the Senate, as the bill may have originated in the one or the other House, before it shall be presented to the President of the United States.
"When bills are enrolled, they shall be examined by a joint committee of one from the Senate, and two from the House of Representatives, appointed as a standing committee for that purpose, who shall carefully compare the enrollment with the engrossed bills, as passed in the two Houses, and, correcting any errors that may be discovered in the enrolled bills, make their report forthwith to the respective Houses.
"After examination and reports each bill shall be signed in the respective Houses, first by the Speaker of the House of Representatives, and then by the President of the Senate.
"After a bill shall have thus been signed in each House, it shall be presented by the said committee, to the President of the United States, for his approbation if being first endorsed on the back of the roll, certifying in which House the same originated, which endorsement shall be signed by the Secretary or Clerk, as the case may be, of the House in which the same did originate, and shall be entered on the journal of each House. The said committee shall report the day of presentation to the President, which time shall also be carefully entered on the journal of each House.
"All orders, resolutions, and votes, which are to be presented to the President of the United States for his approbation, shall, also, in the same manner, be previously enrolled, examined, and signed, and shall be presented in the same manner, and by the same committee, as is provided in case of bills.
"That, when the Senate and House of Representatives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience chamber by the President of the Senate, in the presence of the Speaker, and both Houses."
Read, andResolved, That the Senate do concur in the report.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up a bill, entitled "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes;"
An enrolled bill, entitled "An act for the support of light houses, beacons, buoys, and public piers;"
An enrolled bill, entitled "An act to provide for the government of the territory, north west of the river Ohio;"
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An enrolled bill, entitled "An act to establish an Executive Department, to be denominated the Department of War;"
Severally signed by the Speaker of the House of Representatives. And he withdrew.
The three last mentioned bills were signed by the Vice President, and delivered to the committee of enrollment, for presentation; which was accordingly done.
Proceeded to the first reading of a bill, entitled "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes;" and assigned Monday next for a second reading
The Secretary carried to the House of Representatives the bill. entitled "An act to establish the Treasury Department;" with the resolution of the Senate toinsist on their eighth amendment. Also,
The concurrence of the Senate in the resolve of the House of Representatives, of the 4th of August, and the appointment of a committee, on the part of the Senate, to consider the business necessary to be transacted previous to a recess of Congress.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, AUGUST 7, 1789.
The Senate assembled: present as yesterday, and Mr. Paterson, from the state of New Jersey, attended.
In the absence of the Vice President, proceeded to elect a President pro tempore; and the votes being collected, and counted, the Hon, John Langdon was unanimously appointed.
A message from the President of the United States, by General Knox:
Gentlemen of the Senate:
The business which has hitherto been under the consideration of Congress, has been of so much importance, that I was unwilling to draw their attention from it any other subject. But the disputes which exist between some of the United States and several powerful tribes of Indians, within the bruits of the Union, and the hostilities which have, in several instances, been committed on the frontiers, seem to require the immediate interposition of the general government.
I have, therefore, directed the several statements and papers which have been submitted to me on this Subject, by General Knox, to be laid before you for your information.
While the measures of government ought to be calculated to protect its citizens from all injury and Violence, a due regard should be extended to those Indian tribes, whose happiness, in the course of events, so materially depends on the national justice and humanity of the United States.
If it should be the judgment of Congress that it would be most expedient to terminate all differences in the southern district, and to lay the foundation for future confidence by an amicable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to consist of three persons, whose authority should expire with the occasion. How far such a measure, unassisted by posts, would be competent to the establishment and preservation of peace and tranquility on the frontiers, is also a matter which merits your serious consideration.
Along with this object, I am induced to suggest another, with the national importance and necessity of which I am deeply impressed; I mean, some uniform and effective system for the militia of the United States. It is unnecessary to offer arguments in recommendation of a measure, on which the honor, safety, and well-being of our country so evidently and so essentially depend: but it may not be amiss to observe, that I am particularly anxious it should receive as early attention as circumstances will admit; because, it is now in our power to avail ourselves of the military knowledge disseminated throughout the several states by means of the many well instructed officers and soldiers of the late army; a resource which is daily diminishing by death and other causes. To suffer this peculiar advantage to pass away unimproved, would be to neglect an opportunity which will never again occur, unless, unfortunately, we should again be involved in a long and arduous war.
GEO. WASHINGTON.
New York, August 7, 1789.
The above message was ordered to lie for consideration.
Mr. Morris, in behalf of the committee on the bill, entitled "An act for allowing a compensation to the President and Vice President of the United States," reported an amendment: to wit.
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To expunge, in the provision for the Vice President, 'five thousand dollars,' and insert, 'six thousand dollars.'
On motion to reduce the provision for the President of the United States, from 'twenty-five thousand' to 'twenty thousand dollars:'
Passed in the negative.
On motion to make the provision for the Vice President eight thousand dollars, instead of five thousand dollars.
Passed in the negative.
And, on motion, the further consideration of this clause of the bill was postponed.
A message from the House of Representatives, by Mr. Beckley, their Clerk, who informed the Senate, that the President of the United States had affixed his signature to the following bills:
"An act to provide for the government of the territory north west of the river Ohio;"
"An act to establish an Executive Department, to be denominated the Department of War;"
"An act for the establishment and support of light-houses, beacons. buoys, and public piers;" and had returned them to the House of Representatives. And he withdrew.
Mr. Grayson requested leave of absence for the recovery of his health.
The concurrence of the Senate, upon the resolve of the House on the mode of enrollment, and the presentation of bills,&c. was carried to the House of Representatives.
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, AUGUST 10, 1789.
The Senate assembled: present as on Friday.
Mr. Strong, on behalf of the joint committee appointed the 5th of August, "to consider what business is necessary to be acted upon prior to an adjournment, and to report a proper time at which an adjournment shall take place," reported; and the report was ordered to lie for consideration.
A message from the House of Representatives, by Mr. Beckley, their Clerk: who brought up a bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" and requested the concurrence of the Senate therein. And he withdrew.
A message from the President of the United States, by General Knox:
Gentlemen of the Senate:
I have directed a statement of the troops, in the service of the United States, to be laid before you for your information.
These troops were raised by virtue of the resolves of Congress of the 20th October, 1786, and the 3d of October, 1787, in order to protect the frontiers from the depredations of the hostile Indians; to prevent all intrusions on the public lands; and to facilitate the surveying and selling of the same, for the purpose of reducing the public debt.
As these important objects continue to require the aid of the troops, it is necessary that the establishment thereof should, in all respects, be conformed by law to the constitution of the United States.
GEO. WASHINGTON.
New York, August 10, 1789.
A statement of the troops in the service of the United States.
The establishment as directed to be raised and organized by the acts of Congress, of the 3d of October, 1787, to wit:
One regiment of infantry, consisting of
Eight companies, each of which to consist of four sergeants, four corporals, two musicians, and sixty privates,560
One battalion of artillery, consisting of
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Four companies, each of which to consist of four sergeants, four corporals, two musicians, and sixty privates280
Non-commissioned and privates840
That the pay of the troops was fixed by the act of Congress of the 12th of April, 1785, and confirmed by the acts of the 20th of October, 1786, and the 3d of October, 1787, to wit:
{table}
That the subsistence to the officers, in lieu of rations, are the same as during the late war, to wit:
{table}
That lieutenants, acting as adjutant, quartermaster, and paymaster, are allowed, by the act of Congress of the 12th of April, 1785, for their extra duty, ten dollars per month.
That the allowance of forage is as follows:
{table}
That, by the Act of Congress of the 31st of July, 1787, lieutenant-colonel commandant Harmar was promoted to the rank of brigadier-general, by brevet, with an allowance of the emoluments, but not the pay of said rank.
That the emoluments are as follows, to wit:
{table}
That each non-commissioned officer and soldier are allowed, annually, one suit of uniform clothes, as follows:
That each non-commissioned officer and soldier are also allowed one ration per day, to consist of the following articles:
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That the troops in actual service, are as follow:
That all the troops are enlisted for three years;
That the engagements of the two companies of artillery at West Point and Springfield, will expire the beginning of the year 1790;
That, of the troops on the frontiers, enlisted by virtue of the acts of Congress of the 3d of October, 1787, five hundred and twenty-eight non-commissioned officers and soldiers will have to serve, generally, to the middle of the year 1791, and two companies, consisting of sixty-eight non-commissioned officers and privates, until towards the month of May, 1792;
That the change in the government of the United States, will require that the articles of war be revised and adapted to the Constitution;
That the oaths necessary to be taken by the troops be prescribed, and also the form of the commissions which are to be issued to the officers.
All which is humbly submitted to the President of the United States.
H. KNOX.
War Office, August 8th, 1789.
The Senate proceeded to the second reading of a bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes."
Ordered, That it be committed to Messrs. Morris, Dalton, Langdon, Butler, and King.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate that the House had desired a conference on so much of the eighth amendment proposed by the Senate, on the bill, entitled "An act to establish the Treasury Department;" as was disagreed to by the House of Representatives, and had appointed Messrs. Madison, Fitzsimons, and Boudinot, managers on the part of the House. And he withdrew.
Whereupon,
Resolved, That the Senate do agree to the conference; and that Messrs. Johnson, Lee, and Strong, be the managers on the part of the Senate.
And the House was notified thereof accordingly.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, AUGUST 11, 1789.
The Senate assembled: present as yesterday.
Proceeded to the first reading of the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States and to the officers of both Houses;" and assigned to-morrow for the second reading.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up a resolve of the House, of the 10th of August, providing, "that the survey, directed by Congress in their act of June the 6th, 1788, be made, and returned into the Treasury without delay. And he withdrew.
The above resolve was read in Senate, and the consideration thereof postponed to Friday next.
Proceeded in the second reading of the bill, entitled "An act for the punishment. of certain crimes against the United States," and after progress,
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, AUGUST 12, 1789.
The Senate assembled: present as yesterday.
Proceeded in the second reading of the bill, entitled "An act for the punishment of certain crimes against the United States" and postponed the farther consideration thereof until to-morrow.
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Proceeded to a second reading of the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" the further consideration of which was postponed."
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, AUGUST 13, 1789.
The Senate assembled: present as yesterday.
Proceeded in the second reading of the bill, entitled "An act for the punishment of certain crimes against the United States."
Ordered, That Monday next be assigned for a third reading.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up a bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same;" together with the papers referred to in the President's message of the 7th of August. And he withdrew.
The bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same," was read a first time.
Ordered, That to-morrow be assigned for a second reading.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, AUGUST 14, 1789.
The Senate assembled: present as yesterday.
The petition of Nathaniel Gorham, praying that a resolution of the House of Representatives of the United States, providing "that the survey directed by an act of Congress of the 6th of June, 1788, be made," might not pass the Senate in its present form, for reasons set forth in the petition;
The resolve of the House of Representatives of the United States, of the 11th August, referred to in the said petition; and
The petition of Andrew Ellicot, on the same subject, were severally read; and the consideration of the business was postponed until Wednesday next.
Proceeded to a second reading of the bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same."
Ordered, That the bill be committed to Messrs. Few, Ellsworth, King, Lee, and Butler.
Mr. Johnson, in behalf of the managers of the conference on the part of the Senate, upon the bill, entitled "An act to establish the Treasury Department," informed the Senate that they had conferred on the subject with the committee on the part of the House of Representatives, but could not agree upon a report.
Adjourned until 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, AUGUST 17, 1789.
The Senate assembled: present as on Friday.
Mr. Morris, on behalf of the committee to whom it was referred, reported sundry amendments to the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes."
Ordered, That the further consideration thereof be postponed.
The committee, appointed to take into consideration the bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commisSioners for managing the same," reported, that it be
"Resolved, That there be allowed and paid to a superintendent of Indian Affairs in the southern department, that may be nominated by the President, and appointed by and with the advice and consent of the Senate, the sum of -- per day, including his expenses for the time he may be employed in attending a treaty, proposed to be held by the commissioners of the United States and the Creek Indians, at the Rock-Landing, in the state of Georgia, on the 15th day of September next.
"That, in Case the proposed treaty should fail in the desired object, of establishing peace between the citizens of the United States and the Creek Indians, Congress will
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make such grants of money, and pursue such other measures, as will be necessary for the protection and safety of the inhabitants of the southern frontiers, and best secure the peace of the United States." And,
On motion to accept the report,
It passed in the negative.
On motion that it be
Resolved, That the President of the United States be requested to nominate a fit person for Superintendent of Indian Affairs in the southern department, in order that he may be sent forward as soon as may be, to act with the commissioners of Indian Affairs in the southern department, appointed pursuant to a resolution of Congress, passed on the --, day of --, and aid them in carrying into effect a treaty that is proposed to be held with the Creek nation, on the 15th day of September next, in the state of Georgia, at the Rock-Landing;
That the sum of -- dollars be delivered to the said superintendent, to be appropriated for the immediate purpose of the said treaty, for which sum he shall be accountable;
That the President of the United States be requested to instruct the said superintendent and commissioners, to hear, and fully investigate, all the complaints and grievances of the said Creek Indians, and to use all the means in their power to quiet their minds, and to do them ample justice, agreeably to the aforesaid resolution of Congress, and instructions heretofore given for that purpose: That, if the said Indians should prove refractory, or refuse to treat and establish peace on just and reasonable terms, then, and in that case, the said superintendent and commissioners be directed to make immediate report thereof to the President of the United States, and Congress will make such grants of money, and pursue such other measures, as will be necessary for the safety and protection of the inhabitants of the southern frontiers, and best secure the peace of the United States:"
It passed in the negative.
On motion that it be
Resolved, That the President of the United States be authorised and empowered, and he is hereby authorised and empowered, should the Creek Indians decline to make peace with the state of Georgia, to take effectual measures for covering the state of Georgia from the incursions of the Indians, either by ordering some of the troops now at Fort Harmar to march to the frontiers of Georgia, or by embodying such a number of the militia as he shall think sufficient to insure to the citizens of Georgia protection, and the cultivation of their lands in peace and security; and that he be empowered to draw on the Treasury for defraying the expenses of the same:"
And on motion for the previous question: to wit.
"Shall the main question be now put?"
It passed in the negative.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, AUGUST 18, 1789.
The Senate assembled: present as yesterday;
And proceeded in a second reading of the bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same."
On motion to strike out 'eight dollars,' from the clause providing for the compensation to the commissioners, and insert 'five dollars,' in line 8th:
It passed in the negative.
On motion to insert after 'eight dollars per day,' 'at the discretion of the President:'
It passed in the negative.
On motion, upon the compensation to the commissioners, to strike out 'eight dollars,' and insert 'six dollars:'
It passed in the negative.
Ordered, That the rules of the House be so far dispensed with, as that the said bill shall have a third reading at this time.
On motion to strike out, in line 3d, 'forty,' and insert 'twenty,' in order thereby to limit the sum to be expended in negotiating a treaty with the Indian tribes, to twenty thousand dollars instead of forty thousand.
The yeas and nays being required by one-fifth of the Senators present; the determination was as follows:
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Yeas.--Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, Johnson, King, Langdon, Read, schuyler, Strong, and Wingate.--12.
Nays.--Messrs. Butler, Few, Gunn, Izard, Lee, Maclay, and Morris.--7.
So it passed in the affirmative.
On motion that it be
Resolved, That Congress will make provision for the discharging of any expenses that may be incurred by such military arrangements, as the President of the United States may think proper to make, for the purpose of protecting the citizens of Georgia from the depredations of the Creek Indians, should peace not take place with them, or should they, having agreed to a peace, violate the same:
And, on motion for the previous question, to wit:
"Shall the main question be now put?"
It passed in the negative.
And, on the question upon the bill, it was
Resolved, To concur therein with the amendment.
Ordered, That the Secretary carry the said bill to the House of Representatives for their concurrence in the amendment.
Ordered, That the further consideration of the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes," be postponed until to-morrow.
The Senate proceeded in a third reading of the bill, entitled "An act for the punishment of certain crimes against the United States;" and, after progress,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, AUGUST 19, 1789.
The Senate assembled: present as yesterday, and Mr. Bassett attended.
Agreeably to the order of the day, the Senate proceeded to the consideration of a resolve of the House of Representatives, of the 10th of August, providing, "That the survey directed by Congress, in their act of June the 6th, 1788, be made, and returned to the Secretary of the Treasury Without delay; and that the President of the United States be requested to appoint a fit person to complete the same, who shall be allowed five dollars per day, whilst actually employed in the said service, with the expenses necessarily attending the execution thereof."
And, on motion "that the consideration of the resolution be postponed to such time in the next session of Congress, as that the legislature of the State of New York may be afforded an opportunity of interposing their objections:"
It passed in the negative.
On motion to insert or 'persons,' after the word 'person:'
It passed in the negative.
On motion to insert 'by and with the advice and consent of the Senate,' after 'President;'
It passed in the negative.
And, on the main question,
Resolved, That the Senate do concur in the said resolution.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House had concurred in their amendments proposed to the bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same." And he withdrew.
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, AUGUST 20, 1789.
The Senate assembled: present as yesterday, except Mr. Strong, absent with leave.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the enrolled bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same," examined by the Committee of Enrollment, and signed by the Speaker. And he withdrew.
Whereupon, the bill was signed by the Vice President, and by the Committee of Enrollment laid before the President of the United States for his approbation.
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The Senate proceeded in the second reading of a bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes;" and, after progress,
Ordered, That the further consideration thereof be postponed.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the President of the United States had affixed his signature to a bill, entitled "An act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same;" and had returned it to the House of Representatives.
Adjourned to 11 o' clock to-morrow.
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Senate Journal --FRIDAY, AUGUST 21, 1789.
The Senate assembled: present as yesterday;
And proceeded in the second reading of the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes."
Ordered, That the bill be read the third time to-morrow.
Adjourned to 11 o' clock to-morrow.
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Senate Journal --SATURDAY, AUGUST 22, 1789.
The Senate assembled: present as yesterday.
The memorial of John Cox, and others, citizens of the state of New Jersey and of the state of Pennsylvania, praying that the future seat of government might be established on the banks of the Delaware, and proposing a cession of a tract of land of ten miles square, was read, and, together with a draft of the said tract, was laid on the table for consideration.
Proceeded in the third reading of the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes;" and, after progress,
Adjourned to 10 o' clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, AUGUST 24, 1789.
The Senate assembled: present as on Saturday.
Proceeded in the Executive business before the Senate.
Adjourned to 11 o' clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, AUGUST 25, 1789.
The Senate assembled: present as yesterday.
Mr. Maclay presented a draft of ten miles square, including the borough of Lancaster, with a letter, containing a description of the same, from Edward Hand, directed to the honorable Robert Morris and the honorable William Maclay. Mr. Maclay likewise nominated Wright' s Ferry, on the Susquehannah; York-Town, west of the Susquehannah; Carlisle, west of the Susquehannah; Harrisburgh, on the Susquehannah; Reading, on the Schuylkill; and Germantown, in the neighbourhood of Philadelphia, as different places in Pennsylvania, which had been proposed for the permanent seat of government of the United States.
The letter being read, was, together with the draft, ordered to lie for consideration.
Proceeded to the third reading of the bill, entitled "An act for registering and clearing of vessels. regulating the coasting trade, and for other purposes;" and
Resolved, That the Senate do concur therein, with sixty-nine amendments.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up an enrolled resolve, providing, "That the survey directed by Congress, in their act of June 6th, 1788, be made," signed by the Speaker of the House of Representatives.
Also, the bill, entitled "An act to establish the Treasury Department," with an adherence of the House of Representatives to a part of the eighth amendment, to wit: 'whenever the Secretary of the Treasury shall be removed from office by the President of the United States, or in any other case of vacancy in the office of Secretary, the assistant shall, during the vacancy, have the charge and custody of the records, books, and papers, appertaining to the said office.'
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He also brought up the resolve of the House of Representatives of the 24th of August, "that the Vice President and Speaker of the House of Representatives, do adjourn their respective Houses on the twenty-second day of September next, to meet again on the first Monday in December next."
Also, the resolve of the House of Representatives, that certain "articles be proposed to the legislatures of the several states, as amendments to the constitution, of the United States; and requested the concurrence of tire Senate therein. And he withdrew.
The Senate proceeded to consider the resolve of the House of Representatives, of the 24th of August, "to adhere to the part of their eighth amendment," before recited, and,
On motion, that the Senate do recede therefrom, the yeas and nays being required by one-fifth of the Senator' s present, the determination was as follows:
Yeas.--Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, King, Morris, Paterson, Read, and Schuyler.--10.
Nays.--Messrs. Butler, Dalton, Few, Gunn, Johnson, Izard, Langdon, Lee, Maclay, and Wingate--10.
The Senate being equally divided, the Vice President determined the question in the affirmative. So it was
Resolved, That the Senate dorecede from so much of the eighth amendment as was disagreed to by the House of Representatives.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The Senate proceeded to consider the resolve of the House of Representatives of the 24th of August, proposing, "that the Vice President and Speaker be empowered to adjourn the Senate and House of Representatives, respectively, on the 22d of September," &c.; and,
On motion that it should lie for consideration:
It passed in the negative.
And, Upon the main question,
Resolved, That the Senate do concur therein.
Ordered, That the Secretary do carry a message In the House of Representatives accordingly.
The resolve of the House of Representatives of the 24th of August, was read, as followeth:
"Congress Of The United States.
"In the House of Representatives,
"Monday, the 24th of August, 1789.
"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses deeming it necessary, That the following articles be proposed to the legislatures of the several state' s, as amendments to the constitution of the United States; all or any of which articles, when ratified by three-fourths of the said legislatures, to he valid, to all intents and purposes, as part of the said constitution: to wit.
"Articles in addition to, and amendment of, the constitution of the United States of America, proposed by Congress, and ratified by the legislatures of thee several states, pursuant to the fifth article of the original constitution.
"Art. I. After the first enumeration, required by the first article of the constitution, there shall be one representative for every thirty-thousand, until the number shall amount to one hundred; after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor less than one representative for every fifty thousand persons.
"Art. II. No law, varying the compensation to the members of Congress, shall take effect, until an election of representatives shall have intervened.
"Art. III. Congress shall make no law establishing religion, or prohibiting the free exercise thereof; nor shall the rights of conscience be infringed.
"Art. IV. The freedom of speech, and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed.
"Art. V. A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall
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not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.
"Art. VI. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law
"Art. VII. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
"Art. VIII. No person shall be subject, except in case of impeachment, to more than one trial, or one punishment, for the same offence, nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
"Art. IX. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial; to be informed of the nature and cause of the accusation; to he confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.
"Art. X. The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger) shall be by an impartial jury of the vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accustomed requisites; and no person shall be held to answer for a capital, or otherways infamous, crime, unless on a presentment or indictment by a grand jury; but, if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may, by law, be authorised in some other place within the same State.
"Art. XI. No appeal to the Supreme Court of the United States, shall be allowed, where the value in controversy shall not amount to one thousand dollars; nor shall any fact, triable by a jury according to the course of the common law, be otherwise re-examinable, than according to the rules of common law.
"Art. XII. In suits at common law, the right of trial by jury shall be preserved.
"Art. XIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
"Art. XIV. No state shall infringe the right of trial by jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press.
"Art. XV. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others, retained by the people.
"Art. XVI. The powers delegated by the constitution to the government of the United States, shall be exercised as therein appropriated, so that the legislative shalt never exercise the powers vested in the executive or judicial; nor the executive the powers vested in the legislative or judicial; nor the judicial the powers vested in the legislative or executive.
"Art. XVII. The powers not delegated by the constitution, nor prohibited by it to the states, are reserved to the states respectively."
On motion to postpone the consideration of the articles to the next session of Congress:
It passed in the negative.
Ordered, That Monday next be assigned to take them under consideration.
The Vice President affixed his signature to the resolve directing "The survey ordered to be made by the act of Congress of June the 6th, 1788;"
And the Committee laid it before the President of the United States for his approbation.
Resumed the second reading of the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses."
Ordered, That it be committed to Messrs. King, Morris, Carroll, Izard, and Lee.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, AUGUST 26, 1789.
The Senate assembled: present as yesterday.
Ordered, That the Secretary carry the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes," to the House of Representatives, with the amendments, and request their concurrence therein.
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The Senate proceeded in the third reading of the bill, entitled "An act for the punishment of certain crimes against the United States;" and, after progress,
Adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, AUGUST 27, 1789.
The Senate assembled: present as yesterday, except Mr. Langdon, absent with leave.
Mr. Wingate, on behalf of the committee appointed to examine an enrolled bill, entitled "An act to establish the Treasury Department," reported that they had performed that service.
The Senate proceeded in the third reading of the bill, entitled "An act for the punishment of certain crimea against the United States."
Ordered, That the bill be engrossed.
Mr. King, on behalf of the committee to whom was referred the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses," reported amendments.
Ordered, That to-morrow be assigned for taking the same into consideration
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, AUGUST 28, 1789.
The Senate assembled: present as yesterday.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the President or the United States had signed an enrolled resolve, for carrying into effect "A survey directed by an act of the late Congress, of the 6th of June, 1788;" he brought up an enrolled bill, entitled "An act to establish the Treasury Department," signed by the Speaker of the House of Representatives; and an engrossed bill, entitled "An act to provide for the safe keeping of the acts, records and seal of the United States, and for other purposes;" and requested the concurrence of the Senate in the engrossed bill, He also informed the Senate, that the House of Representatives had concurred in the amendments proposed to the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes," with amendments to the third and fifty-seventh amendments proposed by the Senate. And he withdrew.
The Senate proceeded in the second reading of the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses."
The report of the committee thereon was also read; in which it was proposed to strike out the first enacting clause of the bill: to wit.
'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, at every session of the Congress of the United States, or whenever the Senate shall assemble for the purpose of exercising any of the powers and duties in them vested by the constitution, every member of each branch shall be entitled to receive at the rate of six dollars, and. the Speaker of the House of Representatives twelve dollars, for every day he shall attend; and shall, also, be allowed, at the commencement of every session, six dollars for every twenty-five miles of the estimated distance, by the most usual route by land, from his place of residence to the seat of Congress, and the same allowance at the end of every session. And in every case in which the Senate may be convened in the recess of Congress, each member thereof attending shall be entitled to the same allowance:Provided, That no Senator shall be entitled to more than one such allowance for any one session of the Senate, nor more than at the rate of six dollars per day from the end of any one session to the commencement of a succeeding session: and in case any member shall, on his journey to or from the session of that branch of which he is a member, be detained by sickness, or be unable to attend after his arrival, he shall be entitled to the like daily compensation:'
And to substitute the following:
'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, at every session of Congress, and at every meeting of the Senate in the recess of Congress, prior to the fourth day of March, in the year one thousand seven hundred and ninety-five, each Senator shall be entitled to receive six dollars for every day he shall attend the Senate; and shall, also be allowed, at the commencement and end of every such session and meeting, six dollars for every
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twenty miles of the estimated distance, by the most usual road, from his place of residence to the seat of Congress; and in case any member of the Senate shall be detained by sickness, on his journey to or from any such session or meeting, or, after his arrival, shall be unable to attend the Senate, he, shall be entitled to the same daily allowance:Provided always, That no Senator shall be allowed for travelling expenses a sum exceeding the rate of six dollars a day, from the end of one such session or meeting, to the commencement of another.
'And be it further enacted, That, at every session of Congress, and at every meeting of the Senate in the recess of Congress, after the aforesaid fourth day of March, in the year one thousand seven hundred and ninety-five, each Senator shall be entitled to receive eight dollars for every day he shall attend the Senate; and shall, also, be allowed, at the commencement and end of every such session and meeting, eight dollars for every twenty miles of the estimated distance, by the most usual road, from his place of residence to the seat of Congress; and in case any member of the Senate shall be detained by sickness, on his journey to or from any such session or meeting, or, after his arrival, shall be unable to attend the Senate, he shall be entitled to the same allowance of eight dollars a day:Provided always, That no Senator shall be allowed, for travelling expenses, a sum exceeding the rate of eight dollars a day, from the end of one such session, or meeting, to the commencement of another.
'And be it further enacted, That, at every session of Congress, each Representative shah be entitled to receive six dollars for every day he shall attend the House of Representatives; and shall also be allowed, at the commencement and end of every session, six dollars for every twenty miles of the estimated distance, by the most usual road, from his place of residence to the seat of Congress; and in case any Representative shall be detained by sickness, on his journey to or from the session of Congress, or, after his arrival, shall be unable to attend the House of Representatives, he shall be entitled to the daily allowance aforesaid. And the Speaker of the House of Representatives, to defray the incidental expenses of his office, shall be entitled to receive, in addition to his compensation as a Representative, six dollars for every day he shall attend the House.'
On motion to postpone the report for the purpose of taking up the following resolve, to wit:
Resolved, That there ought to be a discrimination between the compensation to be allowed to the Senators and to the members of the House of Representatives:
It passed in the affirmative.
And, on the question upon the resolve, the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Bassett, Butler, Dalton, Ellsworth, Few, Gunn, Henry, Johnson Izard, King, Lee, Morris, and Read.--13.
Nays.--Messrs. Carroll, Elmer, Maclay, Paterson, Schuyler, and Wingate.--6.
So it passed in the affirmative.
The Senate resumed the consideration of the report of the committee; and
On motion to strike out therefrom the clause providing far the compensation to the Representatives, 'six dollars,' and insert 'five dollars;' the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Ellsworth, Elmer, Johnson, Maclay, Schuyler, and Wingate,--6.
Nays.--Messrs. Bassett, Buffer, Carroll, Dalton, Few, Gunn, Henry; Izard, King. Lee, Morris, Paterson, and Read.--13.
So it passed in the negative.
On motion to concur in the clause providing for the compensation to the Representatives, as reported by the committee:
It passed in the affirmative.
On motion to allow twenty miles for a day's travel, in the clause providing for the compensation to the Senators, 'prior to the 4th day of March, one thousand seven hundred and ninety-five:'
It passed in the affirmative.
On motion to strike out of the report, the words, 'prior to the 4th day of March, in the year one thousand seven hundred and ninety-five,' in the same clause of the report:
It passed in the negative.
On motion to amend the bill, as it regards the compensation to the Senators, by striking out 'six dollars,' and inserting, 'five dollars:'
The yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Elmer, Maclay, Schuyler, and Wingate,--4.
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Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Few, Gunn, Henry, Johnson, Izard, King, Lee, Morris, and Read.--14.
So it passed in the negative.
On motion to amend the second section of the report of the committee, in which provision is made for the compensation to the Senate, after the year one thousand seven hundred and ninety-five, so as that 'seven' should be inserted instead of 'eight,' in the four places in which 'eight' is mentioned:
It passed in the affirmative.
And, on the question upon the report, it was accepted as amended.
The Senate resumed the consideration of the bill.
On motion upon the following clause, line 12th: to wit, 'that there shall be allowed to each chaplain of Congress at the rate of five hundred dollars per annum, during the sessions of Congress,' to strike out the words, 'at the rate of five,' and 'insert four,' and to strike out from line 13th 'during the sessions of Congress:'
It passed in the affirmative.
In the clause of the bill, beginning at line 13: to wit, 'to the Secretary of the Senate, and Clerk of the House of Representatives, at the rate of fifteen hundred dollars per annum, each, to commence from their respective appointments, and, also, a further allowance of two dollars per day to each, during the session of the branch for which he officiates:'
It was agreed to insert 'sixteen hundred' to the Secretary of the Senate, in lieu of 'fifteen hundred.'
Also, to strike out 'at the rate of;' to strike out 'each;' and these words 'and, also, a further allowance of two dollars per day to each, during the session of that branch for which he officiates.'
Line 17, from this clause, 'to employ one principal clerk, who shall be paid at the rate of three dollars,' it was agreed to strike out the words 'at the rate of.'
Also, from this clause, 'and an engrossing clerk, who shall be paid at the rate of two dollars per day,' it was agreed to strike out 'at the rate of.'
Ordered, That the bill have the third reading on Monday next.
The Senate proceeded to consider the message from the House of Representatives, of the twenty-eighth of August, proposing amendments to the third and fifty-seventh amendments of the Senate to a bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes."
Resolved, That the Senate do concur in the amendments to the amendments.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The Vice President signed the bill, entitled "An act to establish the Treasury Department;" and it was delivered to the Committee of Enrollment, to lay before the President of the United States for his approbation.
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, AUGUST 31, 1789.
The Senate assembled: present as on Friday.
The petition of Matthew Clarkson and others, public creditors, praying that measures may be taken to fund the debt of the United States, was read.
Ordered, That this petition lie for consideration.
The Senate proceeded to the third reading of the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses."
On motion to alter the clause, in which provision is made 'for the incidental expenses of the Speaker's office,' and insert 'three dollars, for every day he shall attend the House,' in the place of 'six dollars;'
It passed in the negative.
On motion to alter the proviso, in the first enacting clause, reported by the committee, to read as follows: 'Provided, always, That no Senator shall be allowed a sum exceeding the rate of six dollars a day, from the end of one such session, or meeting, to the time of his taking a seat in another:'
It passed in the affirmative.
On motion to alter the proviso, in the second enacting clause, reported by the committee, to read as follows: 'Provided, always, That no Senator shall be allowed a sum exceeding the rate of seven dollars a day, from the end of one such session, or meeting, to the time of his taking a seat in another:'
It passed in the affirmative.
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On motion to add the following proviso to the third enacting clause, reported by the committee: to wit, "Provided, always, That no Representative shall be allowed a Sum exceeding the rate of six dollars a day, from the end of one such session or meeting, to the time of his taking a seat in another:"
It passed in the affirmative.
On motion to reconsider the additional compensation agreed to for the Secretary of the Senate, and to concur with the House of Representatives in the compensation proposed in the bill, as it came from that House, for the Secretary of the Senate, and for the Clerk of the House of Representatives, excepting the words, 'at the rate of:'
It passed in the affirmative.
On motion to reconsider the compensation agreed to for the chaplains of Congress, and to concur in the bill as it came from the House of Representatives:
It passed in the negative.
On motion to reduce the compensation to the sergeant at arms, from four to three dollars per day:
It passed in the negative.
On motion to reduce the compensation to the doorkeepers of the Senate and House of Representatives, from three to two dollars per day:
It passed in the negative.
On motion to strike out all those clauses that relate 'to doorkeepers and assistant doorkeepers:'
It passed in the negative.
On the question upon the bill, it was
Resolved, That the Senate do concur therein, with the amendments.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The bill, entitled "An act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes," was read the first time.
Ordered, That this bill have a second reading on Tuesday next.
Resolved, That the engrossed bill, entitled "An act lot the punishment of certain crimes against the United States," do pass.
Ordered, That the Secretary do carry the said bill to the House of Representatives, and request their concurrence therein.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought to the Senate an enrolled bill, entitled "An act for registering and clearing. of vessels, regulating the coasting trade, and for other purposes," signed by the Speaker of the House of Representatives. And he withdrew.
The enrolled bill was signed by the Vice President, and delivered to the committee for presentation.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought to the Senate a bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" to which the concurrence of the Senate was requested. And he withdrew.
Ordered, That the last mentioned bill be now read.
Ordered, That this bill be read a second time on Tuesday.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, SEPTEMBER 1, 1789.
The Senate assembled: present as yesterday, except Mr. Few, absent with leave.
The Senate proceeded to the second reading of the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks."
Ordered, That this bill have the third reading to-morrow.
Ordered, That the Secretary carry the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives, of the United States, and to the officers of both Houses," to the House of Representatives, and request their concurrence in the amendments.
The bill, entitled "An act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes," was read the second time.
Ordered, That this bill have the third reading to-morrow.
Mr Wingate, on behalf of the Committee of Enrollment, reported, that they did yesterday lay before the President of the United States, the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, anti for other purposes;"
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and the bill, entitled "An act to establish the Treasury Department," for his approbation.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, SEPTEMBER 2, 1789.
The Senate assembled: present as yesterday.
The bill, entitled "An act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes," was read the third time, and
Ordered, That it be committed to Mr. King, Mr. Paterson, and Mr. Read.
The third reading of the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks," was further postponed.
The petition of Harman Stout and others, in behalf of themselves and other clerks in the public offices, was read.
Ordered, That the said, petition lie for consideration.
The resolve of the House of Representatives of the 24th of August, one thousand seven hundred and eighty nine, "that certain articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States;" was taken into consideration; and, on motion to amend this clause in the first article, proposed by the House of Representatives, to wit: 'After the first enumeration required by the first article of the constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred, by striking out 'one,' and inserting 'two,' between the words 'amount' and 'hundred:'
The yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Dalton, Gunn, Grayson, King, Lee, and Schuyler.--6.
Nays.-- Messrs. Bassett Butler, Carroll, Ellsworth, Elmer, Henry, Johnson, Izard, Morris, Paterson, Read, and Wingate.--12.
So it passed in the negative.
On motion to adopt the first article proposed: by the resolve of the House of Representatives, amended as follows: to strike out these words 'after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor less than one representative to every fifty thousand persons;' and to substitute the following clause after the words 'one hundred:' to wit, 'to which number one representative shall be added for every subsequent increase of forty thousand, until the representatives shall amount to two hundred, to which one representative shall be added for every subsequent increase of sixty thousand persons:'
It passed in the affirmative.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --THURSDAY, SEPTEMBER 3, 1789.
The Senate assembled: present as yesterday,
And resumed the consideration of the resolve of the House of Representatives, of the 24th of August, upon the proposed amendments to the constitution of the United States.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the President of the United States had affixed his signature to the bill, entitled "An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes;" and to the bill, entitled "An act to establish the Treasury Department;" and had returned them to the House of Representatives;
He also brought up the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" and informed the Senate, that the House of Representatives had disagreed to the first, second, and third amendments, and had agreed to all the others;
He also brought up the bill, entitled "An act to suspend part of the act entitled "An act to regulate the collection of the duties imposed by law on the tonnage of
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ships or vessels, and on goods, wares, and merchandises, imported into the United States." And he withdrew.
The two last mentioned bills were ordered to lie for consideration.
The Senate resumed the consideration of the resolve of the House of Representatives on the amendments to the constitution of the United States.
On motion to adopt the second article proposed in the resolve of the House of Representatives, amended as follows: to strike out these words, 'to the members of Congress,' and insert 'for the service of the Senate and House of Representatives of the United States:'
It passed in the affirmative.
On motion to amend article third, and to strike out these words: 'religion, or prohibiting the free exercise thereof,' and insert 'one religious sect or society in preference to others:'
It passed in the negative.
On motion for reconsideration:
It passed in the affirmative.
On motion that article the third be stricken out:
It passed in the negative.
On motion to adopt the following, in lieu of the third article: 'Congress shall not make any law infringing the rights of conscience, or establishing any religious sect or society:'
It passed in the negative.
On motion to amend the third article, to read thus: 'Congress shall make no law establishing any particular denomination of religion in preference to another, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed:"
It passed in the negative.
On the question upon the third article as it came from the House of Representatives:
It passed in the negative.
On motion to adopt the third article proposed in the resolve of the House of Representatives, amended by striking out thesewords, 'nor shall the rights of conscience be infringed:'
It passed in the affirmative.
On the fourth article it was moved to insert these words, 'to instruct their representatives,' after the words 'common good.'
And the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Grayson, and Lee.--2.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Gunn, Henry, Johnson, Izard, King, Morris, Paterson, Read, and Wingate.--14.
So it passed in the negative.
On motion to insert these words after, 'press,' 'in as ample a manner as hath at any time been secured by the common law:'
It passed in the negative.
On motion to strike out the words, 'and consult for their common good and:'
It passed in the negative.
And it was agreed, that the further consideration of this article be postponed.
Mr. King, in behalf of the committee appointed on the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses," reported amendments: the consideration of which was postponed until to-morrow.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, SEPTEMBER 4, 1789.
The Senate assembled: present as yesterday.
The petition of Thomas O'Hara and others, in behalf of themselves anti other clerks in the office of the paymaster-general, praying that their compensation may be augmented, was read.
Ordered, That this petition do lie on the table.
The Senate proceeded in the consideration of the resolve of the House of Representatives of the 24th of August, on "Articles to be proposed to the legislatures of the several states, as amendments to the constitution of the United States."
On motion to adopt the fourth article proposed by the resolve of the House of Representatives, to read as followeth: 'That Congress shall make no law, abridging
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the freedom of speech, or of the press, or the fight of the people peaceably to assemble and consult for their common good, and to petition the government for a redress of grievances:'
It passed in the affirmative.
On motion, upon the fifth article, to subjoin the following proposition, to wit: 'That standing armies, in time of peace, being dangerous to liberty, should be avoided, as far as the circumstances and protection of the community will admit; and that in all eases the military should be under strict subordination to, and governed by, the civil power; that no standing army or regular troops shall be raised in time of peace, without the consent of two.thirds of the members present in both Houses; and that no soldier shall be enlisted for any longer term than the continuance of the war:'
And the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Butler, Gunn, Grayson, Henry, Lee, and Wingate.--6.
Nays.--Messrs. Carroll, Dalton, Ellsworth, Elmer, Johnson, King, Paterson, Read, and Schuyler.--9.
So it passed in the negative.
On motion to adopt the fifth article of the amendments proposed by the House of Representatives, amended to read as followeth: 'a well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall net be infringed:'
It passed in the affirmative.
On motion to adopt the sixth article of amendments proposed by the House of Representatives.
It passed in the affirmative.
On motion to adopt the seventh article of amendments proposed by the House of Representatives:
It passed in the affirmative.
On motion to adopt the eighth article of amendments proposed by the House of Representatives, striking out these words, 'except in case of impeachment, to more than one trial, or one punishment.' and substitute the following words, 'be twice put in jeopardy of life or limb by any public prosecution:'
It passed in the affirmative.
On motion to adopt the ninth article of amendments proposed by the House of Representatives:
It passed in the affirmative.
On motion to adopt the tenth article, amended by striking out all the clauses in the article, except the following, 'no person shall beheld to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment by a grand jury:'
It passed in the affirmative.
On motion to insert, in lieu of the eleventh article, 'the supreme judicial federal court shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute, whether it concerns the realty or personalty, be of the value of three thousand dollars at the least; nor shall the federal judicial powers extend to any actions between citizens of different states, where the matter in dispute, whether it concerns the realty or personalty, is not of the value of fifteen hundred dollars at the least; and no part, triable by a jury according to the course of the common law, shall be otherwise re-examinable than according to the rules of common law:'
It passed in the negative.
On motion to adopt the eleventh article, amended to read as follows, 'no fact, triable by a jury according to the course of common law, shall be otherwise re-examinable in any court of the United States, than according to the rules of common law:
It passed in the affirmative.
Adjourned until 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY SEPTEMBER 7, 1789.
The Senate assembled: present as on Friday.
Agreeably to the order of the day, the Senate proceeded in the third reading of the bill, entitled "An act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes;" and, on the report of the committee,
Resolved, To concur therein, with fourteen amendments:
Ordered, That the Secretary do carry the bill to the House of Representatives, and request their concurrence in the amendments.
The Senate proceeded in the third reading of the bill, entitled "An act for establishing
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the salaries of the executive officers of government, with their assistants and clerks;" and,
Resolved, To concur therein, with nine amendments.
Ordered, That the Secretary do carry the bill to the House of Representatives, and request their concurrence in the amendments.
The bill, entitled "An act to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," was read the first time.
Ordered, That this bill be read the second time to-morrow.
The Senate proceeded to the consideration of the resolve of the House of Representatives, of the 2d of September, on their disagreement to the first, second, and third amendments of the Senate to a bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses."
On motion, that the Senate do adhere to their first amendment on the said bill:
And the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Bassett, Butler, Dalton, Ellsworth, Gunn, Henry, Johnson, Izard, King, Lee, Herris, and Read.--12.
Nays.--Messrs. Carroll, Elmer, Paterson, Schuyler, and Wingate.--5.
So it was
Resolved, That the Senate doadhere to their first amendment to the said bill.
Resolved, Their the Senate dorecede from their second and third amendments to the said bill.
Ordered, That the Secretary carry a message to the House of Representatives accordingly.
Proceeded in the third reading of the bill, entitled "An act for allowing a compensation to the President and Vice President of the United States;" and,
On the report of the committee,
Resolved, That the Senate do concur in the said bill, with the following amendment, to wit:
In the compensation to the Vice President, to strike out, 'five thousand,' 'six thousand.'
Ordered, That the Secretary do carry the bill to the House of Representatives, and request their concurrence in the amendment.
The Senate resumed the consideration of the resolve of the House of Representatives of the 24th of August, on "Articles to be proposed to the legislatures of the several states, as amendments to the constitution of the United States."
On motion to adopt the twelfth article of the amendments proposed by the House of Representatives, amended by the addition of these words to the article, to wit: 'where the consideration exceeds twenty dollars:'
It passed in the affirmative.
On motion to adopt the thirteenth article of the amendments proposed by the House of Representatives:
It passed in the affirmative.
On motion to adopt the fourteenth article of the amendments proposed by the House of Representatives:
It passed in the negative.
In the consideration of the fifteenth article proposed by the House of Representatives, on motion to add the following to the proposed amendments, to wit: 'That the general government of the United States ought never to impose direct taxes but where the moneys arising from the duties, impost, and excise, are insufficient for the public exigencies, nor then, until Congress shall have made a requisition upon the states to assess, levy, and pay, their respective proportions of such requisitions; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state's proportion, together with interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed by such requisition:'
It passed in the negative.
On motion to add the following to the proposed amendments, to wit: That the third section of the sixth article of the constitution of the United Sates, ought to be amended, by inserting the word 'other' between the words 'no' and 'religious:'
It passed in the negative.
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On motion to add the following amendment to the constitution of the United States, to wit: 'That Congress shall not exercise the powers vested in them by the fourth section of the first article of the constitution of the United States, but in cases where a state shall neglect or refuse to make regulations therein mentioned, or shall make regulations subversive of the rights of the people, to a free and equal representation in Congress, agreeably to the constitution:'
It passed in the negative.
On motion to subjoin the following to the amendments proposed by the House of Representatives, to wit: 'That Congress shall not erect any company of merchants with exclusive advantages of commerce:'
It passed in the negative.
On motion to subjoin the following to the amendments proposed by the House of Representatives, to wit: 'That Congress shall at no time consent that any person holding an office of trust or profit under the United States, shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state:'
It passed in the negative.
On motion to subjoin the following to the amendments proposed by the House of Representatives, to wit: 'That no person indebted to the United States shall be entitled to a seat in either branch of the legislature:'
It passed in the negative.
On motion to adopt the fifteenth article of amendments to the constitution of the United States, proposed by the House of Representatives:
It passed in the affirmative.
On motion to adopt the sixteenth article of amendments to the constitution of the United States, proposed by the House of Representatives:
It passed in the negative.
On motion to amend the seventeenth article, by inserting the word 'expressly,' before the word 'delegated:'
It passed in the negative.
On motion to adopt the seventeenth article of amendments to the constitution of the United States proposed by the House of Representatives, to read as follows: 'The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people:'
It passed in the affirmative.
On motion to amend the preamble of the resolve,
A motion was made to postpone the further consideration thereof until to-morrow; and,
It passed in the affirmative.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, SEPTEMBER 8, 1789.
The Senate assembled: present as yesterday,
And proceeded in the consideration of the resolve of the House of Representatives of the 24th of August, "On articles to be proposed to the legislatures of the several states, as amendments to the constitution of the United States."
On motion to amend the preamble to the amendments, proposed by the House of Representatives, by preceding the same as follows, to wit: 'The conventions of a number of the states having, at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and, as extending the grounds of public confidence in the government will best insure the beneficent ends of its institution:'
It passed in the affirmative.
On motion to amend the preamble by striking out these words, lines 6th and 7th, 'deeming it necessary,' and inserting instead thereof 'concurring:'
It passed in the affirmative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That there are certain natural rights, of which men, when they form a social compact, can. not deprive or divest their posterity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting, property, and pursuing and obtaining happiness and safety:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution
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of the United States,proposed by,the House,of Representatives, to, wit: 'That all, power is naturally vested in, and consequently derived, from, the people; that magistrates, therefore, are their trustees and agents, and at all times amenable to them:'
It passed in the negative.
On motion to add the following clause to the articles of amendment, to the constitution of the United States, proposed by the House of Representatives, to wit: 'That government ought to be instituted for the common benefit, protection, and security, of the people. and that the doctrine of non-resistance, against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That no man, or set of men, are entitled to exclusive or separate public emoluments or privileges from the community, but in consideration of public services, which, not being descendible, neither ought the offices of magistrate, legislator, or judge, or any other public officer, to be hereditary:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That the legislative, executive, and judiciary, powers of governments should he separate and distinct, and that the members of the two first may be restrained from oppression, by feeling and participating the public burthens, they should, at fixed periods, be reduced to a private station, return into the mass of the people, and the vacancies be supplied. by certain and regular elections; in which all or any part of the former members to be eligible or ineligible, as the rules of the constitution of government, and the laws, shall direct:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States; proposed by the House of Representatives, to wit: 'That every freeman restrained of his liberty, is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same, if unlawful, and that such remedy ought not to be denied nor delayed:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That every freeman ought to find a certain remedy, by recourse to the laws, for all injuries and wrongs he may receive in his person, property, or character; he ought to obtain right and justice, freely, without sale; completely, and without denial promptly, and without delay; and that all establishments or regulations contravening these rights, are oppressive and unjust:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That the members of the Senate and House of Representatives shall be ineligible to, and incapable of, holding any civil office under the authority of the United States, during the time for which they shall respectively he elected:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof relating to treaties, alliances, or military operations, as, in their judgment, require secrecy:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every year:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That no commercial treaty shall be ratified without the concurrence of two thirds of the whole number of the members of the Senate; and no treaty, ceding, contracting, restraining, or suspending, the territorial rights or claims of the United States, or any of them, or their, or any of their, rights or claims to fishing in the American seas, or navigating
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the American rivers, shall be but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified. without the concurrence of three-fourths of the whole number of the members of both Houses, respectively:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That no navigation law, Or law regulating commerce, shall be passed without the consent of two-thirds of the members present in both Houses:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both Houses:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That each state, respectively, shall have the power to provide for organizing, arming, and disciplining, its own militia, whensoever Congress shall omit or neglect to provide for the same; that the militia shall not be subject to martial law, except when in actual service, in time of war, invasion, or rebellion; and when not in the actual service of the United States, shall be subject only to such fines, penalties, and punishments, as shall be directed or inflicted by the laws of its own state:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That the exclusive, power of legislation given to Congress over the Federal town and its adjacent district, and other places purchased or to be purchased by Congress of any of the states, shall extend only to such regulations as respect the police and good government thereof:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That no person shall be capable of being President of the United States for more than eight years in any term of sixteen years:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty as Congress may, from time to time, ordain and establish in any of the different states; the judicial powers shall extend to all cases in law and equity, arising under treaties made, or which shall be made, under the authority of the United States; to all cases affecting ambassadors, other foreign ministers, and consuls; to all cases el admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; and between parties claiming lands under the grants of different states. In all cases affecting ambassadors, other foreign ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction; in all other cases before-mentioned the supreme court shall have appellate jurisdiction as to matters of law only, except in cases of equity, and of admiralty and maritime jurisdiction, in which the supreme court shall have appellate jurisdiction, both as to law and fact, with such exemptions, and under such regulations, as the Congress shall make. But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this constitution; except in disputes between states about their territory, disputes between persons claiming lands under the grants of different states, and suits for debts due to the United States:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That Congress shall not alter, modify, or interfere, in the times, places, or manner, of holding
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elections for Senators and Representatives, or either of them, except when tire legislature of any state shall neglect, refuse, or be disabled, by invasion or rebellion, to prescribe the same:'
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution of the United States, proposed by the House of Representatives, to wit: 'That some tribunal, other than the Senate, be provided for trying impeachments of Senators:"
It passed in the negative.
On motion to add the following clause to the articles of amendment to the constitution, of the United States, proposed by the House of Representatives, to wit: 'That the salary of a judge shall not be increased or diminished during his continuance in office, otherwise than by general regulations of salary, which may take place on a revision of the subject, at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress:'
It passed in the negative.
Ordered, That the further consideration of the resolve of the House of Representatives, on the articles of amendment, be postponed until to-morrow.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the bill, entitled "An act for allowing a compensation to the President and Vice President of the United States;" and informed the Senate, that the House of Representatives had disagreed to the amendment thereon;
He also brought up the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and informed the Senate, that the House of Representatives had agreed to their first, fourth, seventh, eighth, and ninth amendments, and had disagreed to all the rest;
Also, the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" and he informed the Senate, that the House of Representatives requested a conference on the subject matter of the disagreement of the two Houses on the said bill, and had appointed Messrs. Sherman, Tucker, and Benson, managers on the part of the House of Representatives;
He likewise informed the Senate, that the House of Representatives had concurred in their amendments to the bill, entitled "An act to provide for the safe keeping of the acts, records, and seal of the United States." And he withdrew.
The Senate proceeded to consider the resolve of the House of Representatives, and their disagreement to the amendment of the Senate on the bill entitled "An act for allowing a compensation to the President and Vice President of the United States;" and,
Resolved, That the Senate doinsist on their amendment to the said bill, and do request a conference on the subject matter Of the disagreement, and that Messrs. King, Izard, and Morris, be managers of the conference on the part of the Senate.
The Senate proceeded to consider the resolve of the House of Representatives, of the eighth of September, and their disagreement to the amendments of the Senate on the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks."
Resolved, That the Senate dorecede from their second and sixth amendments, and doinsist on their third and fifth amendments to the said bill.
Ordered, That the Secretary carry a message to the House of Representatives accordingly.
The Senate proceeded to the consideration of the resolve of the House of Representatives, of the eighth of September, desiring a conference on the subject matter of the first amendment proposed by the Senate to the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" and,
Resolved, That the Senate do agree to the proposed conference, and that Messrs. King, Izard, and Morris, be managers thereof on the part of the Senate.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, SEPTEMBER 9, 1789.
The Senate assembled: present as yesterday.
Proceeded in the consideration of the resolve of the House of Representatives of
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the 24th of August, on "Articles to be proposed to the legislatures of the several states as amendments to the constitution of the United States;" and,
On motion to amend article the third, to read as follows: "Congress shall make no law establishing articles of faith or a mode of worship, or prohibiting the free exercise of religion, or abridging the freedom of speech, or the press, or the right of the people peaceably to assemble, and petition to the government for the redress of grievances:"
It passed in the affirmative.
On motion to strike out the fourth article:
It passed in the affirmative.
On motion to amend article the fifth, by inserting these words, 'for the common defence,' next to the words 'bear arms:'
It passed in the negative.
On motion to strike out of this article, line the second, these words, 'the best,' and insert in lieu thereof 'necessary to the:'
It passed in the affirmative.
On motion, on article the fifth, to strike out the word 'fifth,' after 'article the,' and insert 'fourth,' and to amend the article to read as follows: 'A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.'
It passed in the affirmative.
On motion to alter article the sixth so as to stand article the fifth, and article the seventh so as to stand article the-sixth, and article the eighth so as to stand article the seventh:
It passed in the affirmative.
On motion that this last mentioned article be amended, to read as follows: 'No person shall be held to answer for a Capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject to be put in jeopardy of life or limb, for the same offence; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation:'
It passed in the affirmative.
On motion to strike out, from the ninth article, the word 'ninth,' and insert, 'eighth:'
It passed in the affirmative.
On motion to strike-out the tenth and the eleventh articles:
It passed in the affirmative.
On motion to strike out of the twelfth article the word 'twelfth,' and insert, 'ninth:'
It passed in the affirmative.
And, on motion to amend this article, to read as follows: 'In suits at common law, Where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury, shall be otherwise re-examined in any court of the United States than according to the rules of the common law:'
It passed in the affirmative.
On motion to reconsider article the tenth, and to restore these words, to wit: 'The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual servile, in time of war or public danger) shall be by an impartial jury of the vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accustomed requisites:'
And the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Bassett, Dalton, Grayson, Gunn, Henry, Lee, Paterson, and Schuyler.--8.
Nays.--Messrs. Carroll, Ellsworth, Johnson, Izard, King, Morris, Read, and Wingate.--8.
So the question was lost.
On motion to number the remaining articles, agreed to by the Senate, tenth, eleventh, and twelfth, instead of the numbers affixed by the resolve of the House of Representatives:
It passed in the affirmative.
Resolved, That the Senate do concur in the resolve of the House of Representatives, on "Articles to be proposed to the legislatures of the states, as amendments to the constitution of the United States," with the amendments; two thirds of the Senators present concurring therein.
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Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, SEPTEMBER 10, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, in behalf of the committee, reported, that they had examined the enrolled bill, entitled "An act to provide for the safe keeping of the sets, records, arid seal of the United States, and for other purposes;" also, the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and that they were correct.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had agreed torecede from their disagreement to the third and fifth amendments, proposed by the Senate, to the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks;"
That the House of Representatives had agreed to the proposed conference on the subject matter of the amendment to the hill, entitled "An act for allowing compensation to the President and Vice President of the United States;" and had appointed Messrs. Baldwin, Livermore, and Goodhue, managers of the conference ca the part of the House of Representatives;
He also brought up a resolve of the House of Representatives, "that, until further provision be made by law, the General Post Office of the United States shall be conducted according to the rules and regulations prescribed: by the ordinances and resolutions of the late Congress, and that contracts be made for the conveyance of the mail in conformity thereto;" sad requested the concurrence of the Senate in the said resolve;
He also brought up the enrolled bill, entitled "An act to provide for the safe keeping of the acts, records, and seal, of the United States, and for other purposes;" together with the enrolled bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" severally signed by the Speaker of the House of Representatives." And he withdrew.
The Vice President affixed his signature to the above mentioned enrolled bills, and they were, by the Committee of Enrollment, laid before the President of the United States for his approbation.
The resolve of the House of Representatives, for the regulation of the post office, was read.
Ordered, That it be committeed to Messrs. Butler, Morris, and Ellsworth, with an instruction to report a bill upon the subject.
The Senate proceeded in the second reading of the bill, entitled "An act to suspend part of an act; entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;"
And, on motion that the bill be postponed:
It passed in the affirmative.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --FRIDAY, SEPTEMBER 11, 1789.
The Senate assembled: present as yesterday.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the hill, entitled "An act for suspending the operation of part of an act, entitled 'An act imposing duties on tonnage;" to which he requested the concurrence of the Senate;
He also informed the Senate, that the President of the United States had affixed his signature to the bill, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and had returned it to the House of Representatives. And he withdrew.
Ordered, That the bill, entitled "An act for suspending the operation of part of an act, entitled, 'An act imposing duties on tonnage," have the first reading at this time.
Ordered, That the rules of the Senate be so far dispensed with, as that the bill have a second reading at this time.
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Ordered, That this bill together with the bill, entitled "An act to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," be committed to Messrs. Morris, Dalton, and Ellsworth.
Mr. Butler, in behalf of the committee appointed on the tenth of September, on the resolve of the House of Representatives, providing for the regulation of the post of flee, reported, not to concur in the resolve, and a bill upon the subject matter thereof;
And, on the question of concurrence in the resolve of the House of Representatives:
It passed in the negative.
Ordered, That the bill, entitled "An act for the temporary establishment of the post office," have the first reading at this time.
Ordered, That this bill have the second reading to-morrow.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --SATURDAY, SEPTEMBER 12, 1789.
The Senate assembled: present as yesterday.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had receded from their disagreement to the first amendment made by the Senate to the bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" proposing the following amendment to the amendment of the Senate, to wit: 'And be it further enacted, That this act shall continue in force until the fourth day of March, in the year one thousand seven hundred and ninety.six, and no longer." To which amendment to the amendment he requested the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the amendment proposed by the House of Representatives to the first amendment of the Senate to the bill last mentioned; and,
Resolved, That the Senate do concur with the House of Representatives therein.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
Mr. Morris, on behalf of the committee appointed the eleventh of September, to consider the two bills sent up from the House of Representatives for concurrence, reported an amendment to the bill, entitled "An act to suspend part of an act, entitled' An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;" which report is as follows:
'Be it further enacted, That all the privileges and advantages to which ships and vessels, owned by citizens of the United States, are by law entitled, shall be, until the fifteenth day of January next, extended to ships and vessels wholly owned by citizens of the states of North Carolina, and Rhode Island and Providence Plantations:Provided, That the master of every such ship or vessel last mentioned, shall produce a register for the same, conformable to the laws of the state in which it shall have been obtained, showing that the said ship or vessel is, and before the first day of September instant was, owned as aforesaid; and make oath or affirmation, before the collector of the port in which the benefit of this act is claimed, that the ship or vessel, for which such register is produced, is the same therein mentioned, and that he believes it is still wholly owned by the person or persons named in said register, and that he or they are citizens of one of the states aforesaid.
'And be it further enacted, That all rum, loaf sugar, and chocolate, manufactured or made in the states of North Carolina, or Rhode Island and Providence Plantations, and imported or brought into the United States, shall be deemed and taken to be subject to the like duties, as goods of the like kinds, imported from any foreign state, kingdom, or country are made subject to.
'And be it further enacted, That Rehoboth, in the state of Massachusetts, shah he a port of entry and delivery, until the fifteenth day of January next, and that a collector be appointed for the same.'
The Senate agreed to postpone the report of the committee, and proceed to the third reading of the said bill.
Ordered, That sundry petitions of the citizens of the state of Rhode IsLand and North Carolina, praying for the relief proposed by this bill, be read.
On motion that 'August' be stricken out of line the eighth of the bill, and 'May' inserted:
It passed in the affirmative.
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On motion that the report of the committee be accepted, as an amendment to the bill:
It passed in the affirmative.
On motion to amend the title of the bill, by subjoining, these words, 'and for other purposes:'
It passed in the affirmative.
And, upon the question on the bill,
Resolved, That the Senate do concur therein with the amendments.
On the other bill referred to the committee, entitled "An act for suspending the operation of part of an act, entitled 'An act imposing duties on tonnage," they reported verbally; whereupon,
Resolved, That the Senate do not concur with the House of Representatives therein.
Ordered, That the Secretary carry a message to the House of Representative accordingly.
Adjourned to 11 o'clock on Monday morning.
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Senate Journal --MONDAY, SEPTEMBER 14, 1789.
The Senate assembled: present as on Saturday.
Agreeably to the order of the day, the Senate proceeded in the second reading of the bill, entitled "An act for the temporary establishment of the post office;" and,
Ordered, That this bill have the third reading to-morrow.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had concurred in the amendments proposed by the Senate to a bill, entitled, "An act to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;"
He also brought up an enrolled bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses", signed by the Speaker of the House of Representatives And he withdrew.
The Vice President affixed his signature to the last mentioned enrolled bill; and it was delivered to the Committee of Enrollment, to be laid before the President of the United States for his approbation.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, that they did lay before the President of the United States, the enrolled bills, entitled "An act for establishing the salaries of the executive officers of government, with. their assistants and clerks;" and a bill, entitled "An act to provide for the sake keeping of the acts, records, and seal, of the United States, and for other purposes."
Adjourned go 11 o'clock to-morrow.
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Senate Journal --TUESDAY, SEPTEMBER 15, 1789.
The Senate assembled: present as yesterday;
And proceeded in the third reading of the bill, entitled "An act for the temporary establishment of the post office."
Ordered, That this bill be engrossed.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the enrolled bill, entitled "An act to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States, and for other purposes," signed by the Speaker.of the House of Representatives. And he withdrew.
Whereupon, the Vice President affixed his signature to the bill, and it was delivered to the Committee of Enrollment, to be laid before the President of the United States for his approbation.
Resolved, That the engrossed bill, entitled "An act for the temporary establishment of the post office," do pass.
Ordered, That the Secretary carry the last mentioned bill to the House of Representatives, and request their concurrence therein.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, SEPTEMBER 16, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, that they yesterday laid before the President of the United States a bill, entitled "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;" also, a bill, entitled "An act to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States, and for other purposes."
A message from the President of tire United States, by the Secretary at War; which he delivered to the Vice President, and withdrew:
Gentlemen of the Senate:
The Governor of the Western Territory has made a statement to me of the reciprocal hostilities of the Wabash Indians, and the people inhabiting the frontiers bordering on the river Ohio, which I herewith lay before Congress.
The United States, in Congress assembled, by their acts of the 21st day of July, 1787, and of the 12th August, 1788, made a provisional arrangement for calling forth the militia of Virginia and Pennsylvania, in the proportions therein specified.
As the circumstances which occasioned the said arrangement continue nearly the same, I think proper to suggest to your consideration, the expediency of making some temporary provision for calling forth the militia of the United States for the purposes stated in the constitution, which would embrace the cases apprehended by the Governor of the Western Territory.
GEO. WASHINGTON.
September 16, 1789.
Ordered, That the message from the President do lie for consideration.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the President of the United States had affixed his signature to a bill, entitled "An act to provide for the safe keeping of the acts, records, and seal of the United States and for other purposes;" also to an act to suspend part of an act, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the the United States, and for other purposes;" and had returned them to the House of Representatives.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY SEPTEMBER 17, 1789.
The Senate assembled: present as yesterday.
Mr. Lee, in behalf of the committee appointed to prepare a bill for organizing the judiciary of the United States, reported also a bill, entitled "An act to regulate processes in the courts of the United States."
Ordered, That this bill have the first reading at this time.
Ordered, That this bill be read the second time to-morrow.
Ordered, That the message from the President of the United States, of the 16th of September, be further postponed.
A Message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives adhered to their disagreement to the amendment proposed by the Senate to a bill entitled "An act for allowing a compensation to the President and Vice President of the United States;" and that the House of Representatives had concurred in the bill, entitled "An act for the temporary establishment of the post office;"
He also informed the Senate, that the House of Representatives had concurred in the bill, entitled "An act to establish the judicial courts of the United States," with amendments; to which amendments the concurrence of the Senate was requested. And he withdrew.
Ordered, That the last mentioned bill, together with the amendments, be committed to Messrs. Ellsworth, Butler, and Paterson.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --FRIDAY, SEPTEMBER 18, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, that they had examined an enrolled bill, entitled "An act for the temporary establishment of the post office," and had found it correct.
A Message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had agreed to postpone the consideration of the bill, entitled "An act for the punishment of certain crimes against the United States," which had passed the Senate, and was sent to the House of Representatives for concurrence, until the next session of Congress;
He also brought up a resolve of the House of Representatives, making it "the duty of the Secretary of State to procure, from time to time, such of the statutes of the several states as may not be in his office:" to which the concurrence of the Senate was requested;
He also brought up an enrolled bill, entitled "An act for the temporary establishment of the post office," signed by the Speaker of the House of Representatives. And he withdrew.
The Vice President affixed his signature to the last recited bill, and it was delivered to the Committee of Enrollment for presentation.
The Senate proceeded to the second reading of the bill, entitled "An act to regulate processes in the courts of the United States."
Ordered, That the further consideration thereof be postponed until to-morrow.
The resolve of the House of Representatives, of the 18th September, empowering the Secretary of State to procure, from time to time, such of the statutes of the several states as may not be in his office, was read; whereupon,
Resolved, That the Senate do concur in the above resolution, sent up for, concurrence by the House of Representatives.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, SEPTEMBER 19, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, that they had laid before the President of the United States, for his approbation, an enrolled bill, entitled "An act for the temporary establishment of the post office."
Agreeably to the order of the day, the Senate proceeded in the second reading of the bill, entitled "An act to regulate processes in the courts of the United States."
Ordered, That the rules be so far dispensed with, as that the last recited bill have the third reading at this time.
Ordered, That the bill be engrossed.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up a bill, entitled "An act for amending part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;" to which the concurrence of the Senate was requested. And he withdrew.
Ordered, That the last recited bill now have the first reading.
Ordered, That the rules be so far dispensed with, as that this bill have a second reading at this time.
Ordered, That this bill have the third reading on Monday next.
Mr. Ellsworth, on behalf of the committee appointed to consider the amendments proposed by the House of Representatives to the bill, entitled "An act to establish the judicial courts of the United States," reported; whereupon,
Resolved, That the 9th, 16th, 41st, and 52d, amendments be disagreed to, and that the rest be agreed to, with an amendment to the 48th amendment, so that the clause there proposed to be inserted shall read as follows: "That, in cases punishable with death, the trial shall be had in the county where the offence was committed; or, where that cannot be done without great inconvenience, twelve petit jurors, at least, shall be summoned from thence; and jurors, in all cases, to serve in the courts of the United States, shall be designated by lot or otherwise, in each state respectively, according to the mode of forming juries therein, now practised, so far as the laws of the same shall render such designation practicable by the courts or marshals of the United States, and the jurors."
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Ordered, That the Secretary do carry a message to the House of Representatives accordingly;
Also, That he carry the engrossed bill, entitled "An act to regulate processes in the courts of the United States," to the House of Representatives, and request concurrence therein.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the bill, entitled "An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney general of the United States;" to which concurrence was requested. And he withdrew.
Ordered, That the last recited bill have the first reading at this time.
Ordered, That the rules be so far dispensed with, as that this bill be now read the second time.
Adjourned until 11 o'clock on Monday morning.
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Senate Journal --MONDAY, SEPTEMBER 21, 1789.
The Senate assembled: present as on Saturday.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the bill, entitled "An act to establish the judicial courts of the United States," and informed the Senate that the House of Representatives had receded from the 9th, 16th, 41st and 52d, amendments, and had concurred in the amendment of the Senate to the 48th amendment proposed by the House of Representatives. And he withdrew.
The Senate proceeded in the second reading of the bill, entitled "An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney general of the United States;" and, on motion to amend the clause, providing for the salary of the chief justice, by striking out 'thirty-five hundred,' and inserting 'four thousand:'
It passed in the affirmative.
On the question to amend the bill, by inserting five hundred at the end of three thousand, in the salaries of the associate justices of the supreme court:
The yeas and nays being requested by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Butler, Carroll, Gunn, Izard, King, Morris, Paterson, Read, and Schuyler.--9.
Nays.--Messrs. Basserr, Dalton, Ellsworth, Grayson, Henry, Johnson, Lee, Maclay, and Wingate.--9.
The numbers being equal, the Vice President determined the question in the affirmative.
Ordered, That the rules be so far dispensed with, as that the bill have a third reading at this time.
On motion that the clause providing for the salary of the chief justice be amended, so as to stand 'three thousand eight hundred,' instead of 'four thousand dollars:'
It passed in the negative.
On motion that the clause providing for the salary of the attorney general, be amended, by striking out 'fifteen hundred dollars,' and inserting 'two thousand:'
It passed in the affirmative.
Resolved, That the Senate do concur with the House of Representatives in the above recited bill, with the amendments.
Ordered, That the Secretary do carry this bill to the House of Representatives, and request concurrence in the amendments.
Mr. Morris, in behalf of the Senators from the state of Pennsylvania, introduced a resolve of the General Assembly of that state, of March the 5th, 1789, making "a respectful offer to Congress of the use of any or all the public buildings in Philadelphia, the property of the state, &c. in case Congress should, at any time, incline to make choice of that city for the temporary residence of the federal government;" which was read.
Ordered, That it lie for consideration.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up a resolve of the House of this date, to agree to the 2d, 4th, 8th, 12th, 13th, 16th, 18th, 19th, 25th, and 26th amendments, proposed by the Senate, to "Articles of amendment to be proposed to the legislatures of the several states, as amendments to the constitution of the United States;" and to disagree to the 1st, 3d, 5th, 6th, 7th, 9th, 10th, 11th, 14th, 15th, 17th, 20th, 21st, 22d, 23d, and 24th, amendments: two thirds of the members present concurring on each vote;
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and, "that a conference be desired with the Senate on the subject matter of the amendments disagreed to," and that Messrs. Madison, Sherman, and Vining, be appointed managers of the same, on the part of the House of Representatives. And he withdrew.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it be recommended to the legislatures of the several states, to pass laws, making it expressly the duty of the keepers of their gaols to receive, and safe keep therein, all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the like penalties as in the case of prisoners committed under the authority of such states respectively; the United States to pay for the use and keeping of such gaols, at the rate of fifty cents per month for each prisoner that shall, under their authority, be committed thereto, during the time such prisoners shall be therein confined; and, also, to support such of said prisoners as shall be committed for offences.
Ordered, That the Secretary do carry this resolve to the House of Representatives, and request concurrence therein.
The Senate proceeded to consider the disagreement of the House of Representatives to their amendment to the bill, entitled "An act for allowing a compensation to the President and Vice President of the United States; and,
Resolved, That the Senate do recede from their amendment to the said bill.
The Senate proceeded to consider the message of the House of Representatives, disagreeing to the amendments made by the Senate, to "Articles to be proposed to the legislatures of the several states, as amendments to the constitution of the United States;" and,
Resolved. That the Senate do recede from their third amendment, and do insist on all the others.
Resolved, That the Senate do concur with the House of Representatives in a conference on the subject matter of disagreement on the said articles of amendment, and that Messrs. Ellsworth, Carroll, and Paterson, be managers of the conference on the part of the Senate.
Ordered, That the Secretary do carry the bill, entitled "An act for allowing a compensation to the President and Vice President of the United States," together with the "Articles to be proposed as amendments to the constitution of the United States," to the House of Representatives, and acquaint them with the proceedings of the Senate thereon.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the resolve of the Senate of this day, making provision "for the safe keeping of the prisoners committed under the authority of the United States," concurred in by the House of Representatives;
Also, the bill, entitled "An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney general of the United States," and informed the Senate, that the House of Representatives had agreed to all the amendments proposed to the said bill, except the fourth, to which they had disagreed. And he withdrew.
The Senate proceeded to consider the disagreement of the House of Representatives to their fourth amendment to the bill last recited; and,
Resolved, That the Senate dorecede therefrom.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, SEPTEMBER 9, 1789.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, thus they had examined the enrolled bill, entitled "An act to establish the judicial courts of the United States;" and
The enrolled resolve, "for the safe keeping of prisoners committed under the authority of the United States;" which they had found correct.
Also, that they had examined the enrolled resolve, "that the Secretary of State procure the statutes of the several states;"
The enrolled bill, entitled "An act for allowing a compensation to the President and Vice President of the United States;"
And the bill, entitled "An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney general of the United States;" and had found them correct.
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A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the following enrolled bills and resolves, signed by the Speaker of the House of Representatives, to wit:
The bill, thrilled "An act to establish the judicial courts of the United States;"
The bill, entitled "An act for allowing certain compensation to the judges of the supreme and other courts, anal to the attorney general of the United States;"
The bill, entitled "An act for allowing a compensation to the President and Vice President of the United States;"
The resolve "That the Secretary of State do procure the statutes of the several states;"
And, the resolve "for the safe keeping of the prisoners committed under the authority of the United States;"
Also, an order of the House of Representatives, for postponing the adjournment of Congress until the 26th of September, for concurrence. And he withdrew.
The Vice President affixed his signature to the enrolled bills and resolves, mentioned to be signed by the Speaker, and they were delivered to the committee, and by them laid before the President of the United States for his approbation.
A message from the President of the United States:
Mr. Lear, his Secretary, brought in the "Act for the temporary establishment of the post office;" and informed the Senate, that the President of the United States had approved of, and had affixed his signature thereto. And he withdrew.
The Senate proceeded to consider the order of the House of Representatives of this day, "rescinding the order to the Vice President and Speaker, of, the 25th of August, to adjourn the respective Houses of Congress on tile 22d, and empowering them to adjourn the same on the 26th instant; and,
Resolved, That the Senate do concur in the said order.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly:
And, that he do inform the House, that the President of the United States had approved of, and had affixed his signature to, the "Act for the temporary establishment of the post office."
Ordered, That the bill, entitled "An act to establish the seat of government of the United States," have the first reading at this time.
Ordered, That it be read a second time to-morrow.
Adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, SEPTEMBER 23, 1789.
The Senate assembled; present as yesterday.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the bill entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States, in Congress assembled, and for other purposes therein mentioned;" to which concurrence was requested;
He also informed the Senate, that the President of the United States had approved of, and affixed his signature to, "An act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses;"
To "An act for allowing certain compensation to the judges of the supreme and other courts, and to the attorney general of the United States;"
To a resolve "that the Secretary of State do procure the statutes of the several states;" and that he had returned them to the House of Representatives. And he withdrew.
Ordered, That the bill, brought up from the House of Representatives this morning, be now read the first time.
Ordered, That this bill be read the second time to-morrow.
A message from the President of the United States:
Mr. Lear, his Secretary, delivered to the Vice President an enrolled resolve, "For the safe keeping of prisoners committed under the authority of the United States." and informed the Senate, that the President of the United States had approved of, and affixed his signature thereto. And he withdrew.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act to establish the seat of government of the United States;" and, after progress,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, SEPTEMBER 24, 1789.
The Senate assembled: present as yesterday.
Mr. Ellsworth, on behalf of the managers of the conference, on "Articles to be proposed to the several states as amendments to the constitution of the United States," reported as follows:
That it will be proper for the House of Representatives to agree to the said amendments, proposed by the Senate, with an amendment to their fifth amendment, so that the third article shall read as follows: 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble; and petition the government for a redress of grievances;' and, with an amendment to the fourteenth amendment, proposed by the Senate, so that the eighth article, as numbered in the amendments proposed by the Senate, shall read as follows: 'In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, as the district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.'
The managers were also of opinion, that it would be proper for both Houses to agree to amend the first article, by striking out the word 'less,' in the last line but one, and inserting in its place the word 'more,' and, accordingly, recommend that the said article be reconsidered for that purpose.
Ordered, That the report lie for consideration.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the bill, entitled "An act to alter the time for the next meeting of Congress;" the bill, entitled "An act to explain and amend an act, entitled 'An act for registering and clearing vessels, regulating the coasting trade, and for other purposes;" and, "A resolve on the petition of Baron de Glaubeck:" to which he requested the concurrence of the Senate. And he withdrew.
Ordered, That the bill, entitled "An act to explain and amend an act, entitled 'An act for registering and clearing vessels, regulating the coasting trade, and lbs other purposes," be now read the first time.
Ordered, That this bill be read the second time to-morrow.
The Senate proceeded to consider the resolve of the House of Representatives, upon the petition of Baron de Glaubeck.
Ordered, That this petition, together with the papers accompanying the same, be read.
On motion that the opinion of the Senate be taken;whether the Baron de Glaubeck is entitled to the pay of a captain in the late army of the United States, from the 9th day of March, 1781, to the 24th day of August, 1782, as expressed in the resolve of the House:
It passed in the affirmative.
Ordered, That the resolve of the House of Representatives, and tire papers accompanying the same, be committed to Messrs. Izard, Grayson, and Carroll, with an instruction to bring in a bill for the purposes expressed in the resolve.
The Senate proceeded in a second reading of the bill, entitled "An act to establish the seat of government of the United States."
On motion to strike out these words, 'in the state of Pennsylvania,' after the word Susquehannah, line 4th; and the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Basset, Butler, Carroll, Grayson, Gunn, Henry, Izard, and Lee.--8.
Nays.--Messrs. Dalton, Ellsworth, Johnson, King, Maclay, Morris, Paterson, Read Schuyler, and Wingate.--10.
So it passed in the negative.
On motion that these words, 'at some convenient place on the banks of the river Susquehannah, in the state of Pennsylvania,' line 3d and 4th, be stricken out:
It passed in the negative.
On motion for reconsideration, on a suggestion that the question was not understood:
It passed in the affirmative.
And, on the main question,
The yeas and nays being required by one-fifth of the Senators present, the determination was as follows:
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Yeas.--Messrs. Bassett, Butler, Dalton, Ellsworth, Grayson, Gunn, Lee, Morris, Paterson, Read, and Wingate.--11.
Nays.--Messrs. Carroll, Henry, Johnson, Izard, King, Maclay, and Schuyler.--7.
So it passed in the affirmative.
On motion to insert, in the room of the word stricken out, 'at some convenient place on the northern banks of the river Potomac.'
It passed in the negative.
On motion to restore these. words, 'at some convenient place on the banks of the river Susquehannah:'
A motion was made to postpone this, to insert the following motion, to wit: to fill the blank with these words, in the counties of Philadelphia, Chester, and Bucks, and state of Pennsylvania, including within it the town of Germantown, and such part of the Northern Liberties of the city of Philadelphia, as are not excepted by the act of cession, passed by the legislature of the said state."
And the question of postponement passed in the affirmative.
And, on the main question,
The yeas and nays being required by, one-fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Bassett, Dalton, Ellsworth, King, Morris, Paterson, Read, Schuyler, and Wingate.--9.
Nays.--Messrs. Butler, Carroll, Grayson, Gunn, Henry, Johnson, Izard, Lee; and Maclay.--9.
The numbers being equal, the Vice President 'determined the question in the affirmative.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the amendments to the "Articles to be proposed to the legislatures of the several states, as amendments to the constitution of the United States;" and informed the Senate, that the House of Representatives hadreceded from their disagreement to the 1st, 3d, 5th, 6th, 7th, 9th, 10th, 11th, 14th, 15th, 17th, 20th, 21st, 22d, 23d, and 24th, amendments, insisted on by the Senate: provided that the "two articles, which, by the amendments of the Senate, are now proposed to he inserted as the third and eighth articles," shall be amended to read as followeth:
Art. 3. 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble; and petition the government for a redress of grievances.'
Art. 8. 'In all criminal prosecutions, the accused shall enjoy the right' to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence."
And, provided also, That the first article be amended by striking out the word 'leas,' in the last place of the said first article, and inserting in lieu thereof the word 'more.'
He also informed the Senate, that the President of the United States had approved; of, and had affixed his signature to, "An act for allowing a compensation to the President and Vice President of the United States;" and bad returned it to the House of Representatives. And he withdrew.
A message from the President of the United States:
Mr. Lear, his Secretary, delivered to the Vice President the act, entitled "An act to establish the judicial courts of the United States;" and informed him that the President of the United States had approved of, and affixed his signature thereto. And he withdrew.
Ordered, That the Secretary do inform the House of Representatives that the President of the United States had approved of, and affixed his signature to, the "Act to establish the judicial courts of the United States;" also, to an enrolled resolve, "For the safe keeping of the prisoners committed under the authority of the United States;" and had returned them to the Senate.
The committee appointed to consider the resolve of the House of Representatives, upon the petition of Baron de Galubeck, reported a bill.
Ordered, That this bill have the first reading at this time.
Ordered, That this bill be read the second time to-morrow
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, SEPTEMBER 25, 1789.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded in tile second reading of the bill, entitled "An act to establish the seat of government of the United States."
On motion to strike out these words, 'And that, until the necessary buildings shall be erected therein, the seat of government shall continue at the city of New York;'
And the yeas and nays being required by one fifth of the Senators present,the determination was as follows:
Yeas.--Messrs. Butler, Carroll, Grayson, Gunn, Henry, Lee, and Maclay.--7.
Nays.--Messrs. Basseth Dalton, Ellsworth, Johnson, Izard, King, Morris, Paterson, Read, Schuyler, and Wingate.--11.
So it passed in the negative.
On motion to amend the second section, to read as follows: 'And be it further enacted, That the President of the United States be authorised to appoint three commissioners, who are, under his direction, tolerate a district, not exceeding ten mile s square, in the said counties, and including therein the said Northern Liberties, and town of Germantown, and to purchase such quantity of land within the same as may be, necessary, and to accept grants of lands for the use of the United States, and to erect thereon, within four years, suitable buildings for the accommodation of the Congress, and of the officers of the United States:'
It passed in the affirmative.
On motion to strike out the two last sections, and to substitute the following: 'Provided, That no powers herein vested in the President of the United Stages shall be carried into effect until the state of Pennsylvania, or individual citizens of the same, shall give satisfactory security to the Secretary of the Treasury to furnish and pay, as the same may be necessary, one hundred thousand dollars, to be employed in erecting the said buildings:'
It passed in the affirmative.
Ordered, That this bill be read the third time to-morrow.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had passed a resolve, requesting "The President of the United States, to transmit to the executives of the several states, which have ratified the constitution, copies of the amendments proposed. by Congress to be added thereto; and like copies to the executives of the states of Rhode Island and North Carolina;" and that the House requested the concurrence of the Senate therein;
Also, that the House of Representatives had concured in the bill which had passed the Senate, entitled "An act to regulate processes in the courts of the United States," with amendments; in which amendments the House requested a concurrence of the Senate;
He also informed the Senate, that the House of Representatives had passed a bill, entitled "An act making appropriations for the service of the present year;": to which concurrence was also requested. And he withdrew.
Ordered, That the last mentioned bill be now read the first time.
Ordered, That this bill be read. the second time to-morrow.
The Senate proceeded to consider the message from the House of Representatives of the 24th, with amendments to the amendments of the Senate to "Articles to be proposed to the legislatures of the several states, as amendments to the constitution of the United States;" and,
Resolved, That the Senate do concur in the amendments proposed by the House of Representatives to the amendments of the Senate.
Ordered, That the Secretary do carry a message to the House of Representative accordingly.
A message from the House of Representatives: Mr, Beckley, their Clerk informed the Senate, that the House of Representatives had passed a resolve, appointing joint committe "to wait an the President of the United States, to request that he would recommend to the people of the United States a day of public thanksgiving and prayer to be observed;"
Also, a resolve, ascertaining "the time that John White, late commissioner, and others," thereto named, continued in office;
And, "An act, providing for the payment of the invalid. pensioners of the United States;" to all which the concurrence of the Senate was requested. And he withdrew.
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The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act to regulate processes in the courts of the United States, and
Resolved, That the Senate do concur in all the amendments except the first, in which they do not concur.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The Senate proceeded in the second reading of the bill, entitled "An act to alter the time for the next meeting of Congress."
Ordered, That this bill have the third reading at this time.
Resolved, That the Senate do concur in the above mentioned bill.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
Adjourned to 10 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, SEPTEMBER 26, 1789.
The Senate assembled: present as yesterday.
A message from the President of the United States:
The honorable Mr. Jay acquainted the Senate, that he was directed to lay before them the following communication, which he delivered to the Vice President. And he withdrew.
Gentlemen of the Senate:
Having yesterday received a letter written in this month, by the Governor of Rhode Island, at the request, and in behalf, of the general assembly of that state, addressed to the President, the Senate, and the House of Representatives of the eleven United States of America, in Congress assembled, I take the earliest opportunity of laying a copy of it before you.
GEORGE WASHINGTON.
United States, September 26, 1789.
Ordered, That the message, together with the letter therein referred to, lie for consideration.
Resolved, That the order of the 22d instant, directing the President of the Senate, and Speaker of the House of Representatives, to adjourn their respective Houses on this day, be rescinded; and, instead thereof, that they be directed to close the present session by adjourning their respective Houses on the 29th instant.
Ordered, That the Secretary do carry this resolve to the House of Representatives, and request their concurrence.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had concurred in the above resolve. And he withdrew.
The Senate proceeded to the second reading of the bill, entitled "An act making appropriations for the service of the present year."
Ordered, That it he committed to Messrs. Read, Butler, King, Ellsworth, and Morris.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives doinsist on their amendment to the bill, entitled "An act to regulate processes in the courts of the United States." And he withdrew.
The Senate proceeded to the third reading of the bill, entitled "An act to establish the seat of government of the United States."
On motion to postpone the further consideration hereof:
It passed in the negative.
On the question, "Shall this bill pass?"
The yeas and nays being required by one.fifth of the Senators present, the determination was as follows:
Yeas.--Messrs. Bassett, Dalton, Ellsworth, Johnson, King, Morris, Paterson, Read, Schuyler, and Wingate.--10.
Nays.--Messrs. Butler, Carroll, Grayson, Gunn, Henry, Izard, and Lee.--7.
So it passed it the affirmative.
Ordered, That the Secretary do carry this bill to the House of Representatives, and request their concurrence in the amendments.
The Senate proceeded to consider the amendment insisted on by the House of Representatives, to the bill, entitled "An act to regulate processes in the courts of the United States"
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Ordered, That a conference be proposed on the subject matter of disagreement; that Messrs. Ellsworth, King, and Read, be managers thereof on the part of the Senate, and that the Secretary do carry a message to the House of Representatives accordingly, and request the appointment of managers of the conference on their part.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House had agreed to the proposed conference, and had appointed Messrs. White, Burke, and Jackson, managers on their part. And he withdrew.
The Senate proceeded to the first reading of the bill, entitled "An act providing for the payment of the invalid pensioners of the United States."
Ordered, That this bill be committed to Messrs. Read, Butler, King, Ellsworth, and Morris.
Ordered, That Messrs. Wingate, Dalton, and Henry, be the committee to ascertain the attendance and travelling expenses of the members of the Senate.
The Senate proceeded to the second reading of the bill, entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States m Congress assembled, and for other purposes therein mentioned."
Ordered, That this bill be committed to Messrs. Read, Buffer, King, Ellsworth, and Morris.
The Senate proceeded to the third reading of the hill, entitled "An act for amending part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships and vessels, and on goods, wares, and merchandises, imported into the United States."
Ordered, That this bill be committed to Messrs. Read, Morris, and Dalton.
The Senate proceeded to the second reading of the bill, entitled "An act to explain and amend an act, entitled, 'An act for registering and clearing vessels, regularing the coasting trade, and for other purposes."
Ordered, That this bill be committed to Messrs. Read, Morris, and Dalton.
The Senate proceeded to consider the resolve of the House of Representatives of the 25th instant, to wit:
"In the House of Representatives of the United States,
"September 25th, 1789.
Resolved, That a joint committee of both Houses be appointed to wait on the President of the United States, to request that he would recommend to the people of the United States, a day of public thanksgiving and prayer to be observed, by acknowledging, with grateful hearts, the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a constitution of government for their safety and happiness.
"Ordered, That Messrs. Boudinot, Sherman, and Sylvester, be appointed of the said committee on the part of this House."
Resolved, That the Senate do concur in the above recited resolution, and that Messrs. Johnson and Izard, be the Committee on the part of the Senate.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly;
Resolved, That Messrs. Johnson, and Izard, be a committee on the part of the Senate, together with such committee as may be appointed on the part of the HOUSe of Representatives, to wait on the President of the United States, and acquaint him that Congress have agreed upon a recess on the 29th instant.
Ordered, That the Secretary do carry a message to the House of Representatives, and request concurrence.
The Senate proceeded to consider the resolve of the House of Representatives of the 24th instant, to wit:
"In the House of Representatives,
"Thursday, the 24th, September, 1789.
"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be requested to transmit to the executives of the United States, which have ratified the constitution copies of the amendments proposed by Congress, to be added thereto; and like copies to the executives of the states of Rhode Island and North Carolina."
Resolved, That the Senate do concur in this resolution.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
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The Senate proceeded to consider the resolve of the House of Representatives of the 25th instant, to wit:
"In the House of Representatives of the United States,
"Friday, the 25th of September, 1789.
"Upon the report of a committee, to whom was referred the memorial of John White, in behalf of himself, John Wright, and Joshua Dawson:
"Resolved, That John White, late a commissioner to settle the accounts between the United States, and the states of Pennsylvania, Delaware, and Maryland, and his clerks, John Wright and Joshua Dawson, be considered as in office until the thirteenth of September, 1788, and be paid, accordingly."
Ordered, That the consideration hereof be postponed.
Adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, SEPTEMBER 28, 1789.
The Senate assembled: present as on Saturday,
And proceeded to the second reading of the bill, entitled "An act to allow the Baron de Glaubeck the pay of a captain in the army of the United States."
Ordered, That this bill have the third reading to-morrow.
A message from the House of Representatives:
Mr. Beckley, their. Clerk, informed the Senate, that the House had concurred in the appointment of a committee on their part, "to wait, on the President of the United States, and to acquaint him of the intended recess of Congress on the 29th instant;" and that Messrs. Vining, Lee, and Gilman, were joined. And he withdrew.
Mr. Read, on behalf of the committee appointed on the bill, entitled "An act to explain and amend an act, entitled 'An act for registering and clearing of vessels, regulating the coasting trade, and for other purposes," reported the following amendment, to wit:
"And be it further enacted, That so much of an act, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," as hath rated the rouble of Russia at one hundred cents, be, and the same is hereby, repealed, and made null and void."
Ordered, That the report of the committee be postponed to take up the bill.
The Senate proceeded in the third reading of the last recited bill.
Resolved, That this bill do pass, with the amendment reported by the committee.
Ordered, That the Secretary lie carry the bill to the House of Representatives, and request concurrence in tile amendment.
Mr. Read, on behalf of the committee appointed on the bill, entitled "An act for amending part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," reported non-concurrence; whereupon,
Resolved, That this bill do not pass.
Mr. Read, on behalf of the committee on the bill, entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned,".reported amendments.
Ordered, That the report be postponed to take up the bill.
Proceeded in the third reading of the bill.
Resolved, That this bill do pass, with the amendments reported by the committee.
Ordered, That the Secretary do carry a message to the House of Representatives, and request concurrence in the amendments.
Mr. Read, in behalf of the committee appointed on the bill, entitled "An act providing for the payment of the invalid pensioners of the United States," reported concurrence.
Ordered, That this hill he now read the second time.
Ordered, That the rules he so far dispensed with as that this bill have a third reading at this time.
Resolved, That this bill do pass.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The managers appointed on the part of the Senate, to confer on the subject of the disagreement of the two Houses on the first amendment proposed by the House of Representatives to the bill, entitled "An act to regulate processes in the courts of the United States," reported, that they could not agree on a report;
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And, on motion to adopt the following resolution, to wit: "That the Senate do agree to the first amendment proposed by the House of Representatives, with an amendment, by striking out, after the word 'issuing,' in the third and fourth lines of the first section, the following words: 'out of any of the courts of the United States of America, shall be in the name of the President of the United States of America, and if they issue;' and, by inserting after the word 'executions,' in the second line of the second section, the words, 'except their style:'
It passed in the negative.
On motion that the Senate do recede from the first amendment:
It passed in the negative.
On motion that the Senate do adhere to the first amendment,
A motion was made to postpone this in order to reconsider the first proposition; and,
It passed in the affirmative.
And on motion to adopt the proposed amendment to the first amendment made by the House of Representatives on the bill:
It passed in the affirmative.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the bill, entitled "An act 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." And he withdrew.
Mr.Read, on behalf of the committee appointed to consider the bill, entitled "An act making appropriations for the service of the present year," reported amendments.
Ordered, That the report of the committee be postponed, and that this bill have the third reading at this time.
Resolved, That this bill do pass, with the amendments reported by the committee.
Ordered, That the Secretary do carry the said bill to the House of the Representatives, and request concurrence in the amendments.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House of Representatives had agreed to the amendment on the amendment to a bill, entitled "An act to regulate processes in the courts of the United States;"
Also, to the amendments on the bill, entitled "An act to explain and amend an act, entitled "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes;"
Also, in the amendments proposed to the bill, entitled "An act making appropriations for the service of the present year," And he withdrew.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, that they had examined the following enrolled bills, and had found them correct, to wit:
The bill, entitled "An act making appropriations for the service of the present year;"
The bill, entitled "An act providing for the payment of the invalid pensioners of the United States;"
The bill, entitled "An act to explain and amend an act, entitled 'An act for registering and clearing vessels, regulating the coasting trade, and for other purposes;"
The bill, entitled "An act to alter the time for the next meeting of Congress;"
And, the bill, entitled "An act to regulate processes in the courts of the United States."
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the above recited enrolled bills, and acquainted the Senate, that they were signed by the Speaker of the House of Representatives And he withdrew.
Whereupon, the Vice President affixed his signature to the aforesaid enrolled bills, and they were, by the committee, laid before the President of the United States for his approbation.
Mr. Johnson, on behalf of the committee appointed on the 26th instant, reported, that they had waited on the President of the United States, and informed him of the intended recess of Congress on the 29th instant;
Also, that the committee appointed for the purpose, had laid before the President of the United States, the resolve of the two Houses, "requesting him to recommend a day of thanksgiving and prayer to the people of the United States."
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The Senate proceeded to the consideration of the amendment proposed by the House of Representatives to the amendment of the Senate, on the bill, entitled "An act to establish the seat of government of the United States."
On motion that the farther consideration of this bill be postponed to the next session of Congress:
It passed in the affirmative.
Adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, SEPTEMBER 29, 1789.
The Senate assembled: present as yesterday.
The Committee of Enrollment reported, that they had laid before the President of the United States
The bill, entitled "An act making appropriations for the service of the present year;"
The bill, entitled "An act providing for the payment of the invalid pensioners of the United States;"
The bill, entitled "An act to explain and amend an act, entitled an act for registering and clearing vessels, regulating the coasting trade, and for other purposes;"
The bill entitled "An act to alter the time for the next meeting of Congress;" and,
The bill, entitled "An act to regulate processes in the courts of the United States."
A message from the President of the United States:
The honorable Mr. Jay delivered the following communications to the Vice President. And he withdrew.
Gentlemen of the Senate:
His most Christian Majesty, by a letter dated the 7th of June last, addressed to the President and members of the General Congress of the United States of North America, announces the much lamented death of his son, the Dauphin. The generous conduct of the French monarch and nation towards this country, renders every event that may affect his or their prosperity.interesting to us; and I shall take care to assure him of the sensibility with which the United States participate in the affliction which a loss so much to be regretted must have occasioned, both to him and to them.
GEO. WASHINGTON.
United States, September 29, 1789.
Gentlemen of the Senate:
Having been yesterday informed, by a joint committee of both Houses of Congress, that they had agreed to a recess, to commence this day, and to continue until the first Monday of January next, I take the earliest opportunity of acquainting you, that, considering how long and laborious this session has been, and the reasons which, I presume, have produced this resolution, it does not appear to me expedient to recommend mend any measures to their consideration at present, or now to call your attention, gentlemen, to any of those matters in my department which require your advice and consent, and yet remain to be dispatched.
GEO. WASHINGTON.
United States, September 29, 1789.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the House had concurred in all the amendments to the bill, entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned," except the seventh, to which they had disagreed. And he withdrew.
A message from the President of the United States:
Mr. Lear, his Secretary, informed the Senate, that the President of the United States had approved of, and affixed his signature to, the bill, entitled "An act to regulate processes in the courts of the United States," and returned it to the Senate. And he withdrew.
The Senate proceeded to consider their seventh amendment, disagreed to by the House of Representatives, on the bill, entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned," and,
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Resolved, To insist on the said seventh amendment.
Ordered, That the Secretary do acquaint the House of Representatives herewith.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, that the President of the United States had approved of, and affixed his signature to, " An act making appropriations for the service of the present year;"
To "An act providing for the payment of the invalid pensioners of the United States;"
To "An act to explain and amend an act, entitled 'An act for registering and clearing vessels, regulating the coasting trade, and for other purposes;"
To "An act to alter the time of the next meeting of Congress;' and had returned them to the House of Representatives. And he withdrew.
The Senate proceeded to consider the resolve of the House of Representatives, of the 25th instant, on the petition of John White, John Wright, and Joshua Dawson, postponed on the 26th.
Resolved, That the Senate do concur herein, with the following amendments in the two last lines, to wit: to strike our 'thirteenth,' and insert 'fourth;' to strike out 'September, 1788,' and insert 'February, 1789;' and strike out the words 'and be paid accordingly.'
The Senate proceeded to the third reading of the bill, entitled "An act to allow the Baron de Glaubeck the pay of a captain in the army of the United States."
Resolved, That this bill do pass.
Ordered, that the Secretary do carry the said bill to the House of Representatives, and request their concurrence.
A message from the House of Representatives:
Mr. Beckley, their Clerk, informed the Senate, first the House of Representatives had passed the following resolve, to which the concurrence of the Senate was requested:
"In the House of Representatives of the United States,
"Tuesday, the 29th September, 1789.
"Ordered, That it shall be the duty of the Secretary of the Senate and Clerk of the House, at the end of each session, to send a printed copy of the journals thereof, respectively, to the supreme executives, and to each branch of the legislature, of every state;"
He also informed the Senate, that the House of Representatives hadreceded from their disagreement to the seventh amendment of the Senate, to a bill, entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned;" and that the House had passed the bill, entitled "An act to allow the Baron de Glaubeck the pay of a captain in the army of the United States." And he withdrew.
The Senate proceeded to consider the last recited order of the House of Representatives;
Resolved, That the Senate do concur therein.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The Committee of Enrollment reported, that they had examined, and had found correct, the following enrolled bills and resolve:
A bill, entitled "An act to recognize and adapt to the constitution of the United States, the establishment of the troopS raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned;"
A resolve for continuing "John White, John Wright, and Joshua Dawson, in office, until the 4th of February, 1789;"
And a bill, entitled "An act to allow the Baron de Glaubeck the pay of a captain in the army of the United States."
A message from the House of Representatives:
Mr. Beckley, their Clerk, brought up the last recited enrolled bills and resolve, and informed the Senate that the Speaker had affixed his signature thereto;
He also informed the Senate, that the House of Representatives had finished the business of the session, and were ready to adjourn, agreeably to the order of the two Houses of Congress. And he withdrew.
Whereupon, the Vice President affixed his signature to the last mentioned enrolled bills and resolve, and they were delivered to the committee to be laid before the President of the United States.
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The chairman of the Committee of Enrollment reported, that they had laid the said bills and resolve before the President of the United States for his approbation.
A message from the President of the United States:
Mr Lear, his Secretary, informed the Senate, that the President of the United States had approved of, and had affixed his signature to, the act, entitled "An act to allow the Baron de Glaubeck the pay of a captain in the army of the United States," and had returned it to the Senate. And he withdrew.
The act to recognize and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned;" and,
The resolve, for continuing "John White, John Wright, and Joshua Dawson, in office flee until the 4th of February, 1789," were, by the President of the United States, approved of, signed, and returned to the House of Representatives.
Agreeably to the resolve of the two Houses of Congress, of the 26th instant, the Vice President did adjourn the Senate to the first Monday in January next, "then to meet at the City Hall in New York."
Attest, SAMUEL A. OTIS,Secretary.
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Senate Journal --MONDAY, JANUARY 4, 1790.
The following members of Senate assembled:
The number not being sufficient to constitute a quorum, they adjourned until tomorrow at 11 o'clock.
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Senate Journal --TUESDAY, JANUARY 5, 1790.
The members of Senate present as yesterday, and the honorable John Henry, from the state of Maryland, attended.
The number not being sufficient to constitute a quorum, they adjourned until tomorrow at 11 o'clock.
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Senate Journal --WEDNESDAY, JANUARY 6, 1790.
The Senate assembled: present as yesterday,
And the honorable William Maclay, from the state of Pennsylvania, attended.
Ordered, That the Secretary inform the House of Representatives, that a quorum of the Senate have assembled, and are ready to proceed to business.
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Ordered, That Messrs. Strong and Izard be a committee on the part of the Senate, with such committee as the House of Representatives may appoint on their part, to inform the President of the United States, that a quorum of the two Houses is assembled, and will be ready in the Senate Chamber, at such time as the President may appoint, to receive any communications he may be pleased to make.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, JANUARY 7, 1790.
The Senate assembled: present as yesterday,
And the honorable Oliver Ellsworth, from the state of Connecticut, and the honorable William Paterson, from the state of New Jersey, attended.
A message from the House of Representatives:
Mr. President: A quorum of the House of Representatives have assembled, and are ready to proceed to business.
Ordered, That the Secretary acquaint the House of Representatives of the appointment of a committee, on the 6th January, to wait on the President of the United States, and inform him that a quorum of both Houses of Congress had assembled, and are ready to receive any communications that he may be pleased to make; and that he request the concurrence of the House of Representatives in the appointment of a committee on their part.
A message from the House of Representatives:
Mr. President: The House of Representatives have appointed Messrs. Gilman, Ames, and Seney, a committee, on their part, to wait on the President of the United States.
A message from the House of Representatives:
Mr. President: The House of Representatives have resolved, that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly.
Mr. Strong, on behalf of the joint committee, reported to the Senate, that they had waited on the President of the United States, agreeably to the order of both Houses, and, that he informed the committee, that he would meet the two Houses in the Senate Chamber to-morrow at 11 o'clock.
The Senate proceeded to consider the resolve of the House of Representatives, of this day, relative to the appointment of Chaplains; and,
Resolved, That the Senate concur therein; and that the Right Reverend Doctor Samuel Provoost, be appointed for the present session, on the part of the Senate.
Ordered, That a message be sent to the House of Representatives accordingly.
The Senate adjourned to half past 10 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 8, 1790.
The Senate assembled: present as yesterday.
Ordered, That the House of Representatives be informed that the, Senate are ready to meet them in the Senate Chamber, to receive any communication the President of the United States may be pleased to make to the two Houses of Congress; and that the usual seats will be assigned them.
The House of Representatives having accordingly taken their seats, the President of the United States came into the Senate Chamber, and addressed both Houses of Congress as followeth:
Fellow Citizens of the Senate,
and House of Representatives:
I embrace, with great satisfaction, the opportunity which now presents itself of congratulating you on the present favorable prospects of our public affairs. The recent accession of the important state of North Carolina to the constitution of the United States, (of which official information has been received;) the rising credit and respectability of our country; the general and increasing good will towards the government of the Union; and the concord, peace, and plenty, with which we are blessed, are circumstances auspicious, in an eminent degree, to our national prosperity.
In resuming your consultations for the general good, you cannot but derive encouragement from the reflection; that the measures of the last session have been as satisfactory to your constituents, as the novelty and difficulty of the work allowed you to hope. Still further to realize their expectations, and to secure the blessings which a
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gracious Providence has placed within our reach, will, in the course of the present important session, call for the cool and deliberate exertion of your patriotism, firmness, and wisdom.
Among the many interesting objects which will engage your attention, that of providing for the common defence will merit particular regard. To be prepared for war, is one of the most effectual means of preserving peace.
A free people ought not only to be armed, but disciplined; to which end, a uniform and well digested plan is requisite: and their safety and interest require that they should promote such manufactories, as tend to render them independent of others, for essential, particularly military, supplies.
The proper establishment of the troops, which may be deemed indispensable, will be entitled to mature consideration. In the arrangements which may be made respecting it, it will be of importance to concilitate the comfortable support of the officers and soldiers, with a due regard to economy.
There was reason to hope that the pacific measures, adopted with regard to certain hostile tribes of Indians, would have relieved the inhabitants of our southern and western frontiers from their depredations; but you will perceive, from the information contained in the papers which I shall direct to be laid before you, (comprehending a communication from the commonwealth of Virginia,) that we ought to be prepared to afford protection to those parts of the Union, and, if necessary, to punish aggressors.
The interests of the United States require, that our intercourse with other nations should be facilitated by such provisions as will enable me to fulfil my duty, in that respect, in the manner which circumstances may render most conducive to the public good; and, to this end, that the compensations to be made to the persons who may be employed, should, according to the nature of their appointments, be defined by law; and a competent fund designated for defraying the expenses incident to the conduct of our foreign affairs.
Various considerations also render it expedient that the terms on which foreigners may be admitted to the rights of citizens, should be speedily ascertained by a uniform rule of naturalization.
Uniformity in the currency, weights, and measures, of the United States, is an object of great importance, and will, I am persuaded, be duly attended to.
The advancement of agriculture, commerce, and manufactures, by all proper means, will not, I trust, need recommendation; but I cannot forbear intimating to you the expediency of giving effectual encouragement, as well to the introduction of new and useful inventions from abroad, as to the exertions of skill and genius in producing them at home; and of facilitating the intercourse between the distant parts of our country by a due attention to the post-office and post roads.
Nor am I less persuaded, that you will agree with me in opinion, that there is nothing which can better deserve your patronage, than the promotion of science and literature. Knowledge is, in every country, the surest basis of public happiness. In one in which the measures of government receive their impression so immediately from the sense of the community as in our's, it is proportionably essential. To the security of a free constitution it contributes in various ways: By convincing those who are entrusted with the public administration, that every valuable end of government is best answered by the enlightened confidence of the people; and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burthens proceeding from a disregard to their convenience, and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness, cherishing the first, avoiding the last, and uniting a speedy but temperate vigilance against encroachments, with an inviolable respect to the laws.
Whether this desirable object will be best promoted by affording aids to seminaries of learning already established; by the institution of a national university; or by any other expedients, will be well worthy of a place in the deliberations of the legislature.
Gentlemen of the House of Representatives:
I saw, with peculiar pleasure, at the close of the last session, the resolution entered into by you, expressive of your opinion that an adequate provision for the support of the public credit, is a matter of high importance to the national honor and prosperity. In this sentiment I entirely concur. And, to a perfect confidence in your best endeavors to devise such a provision as will be truly consistent with the end, I add an equal reliance on the cheerful co-operation of the other branch of the legislature. It would
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be superfluous to specify inducements to a measure in which the character and permanent interests of the United States are so obviously and so deeply concerned, and which has received so explicit a sanction from your declaration.
Gentlemen of the Senate and House of Representatives:
I have directed the proper officers to lay before you, respectively, such papers and estimates as regard the affairs particularly recommended to your consideration, and necessary to convey to you that information of the state of the Union, which it is my duty to afford.
The welfare of our country is the great object to which our cares and efforts ought to be directed. And I shall derive great satisfaction from a co-operation with you, in the pleasing, though arduous task, of ensuring to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal, government.
GEORGE WASHINGTON.
United States, January 8, 1790.
The President of the United States having retired, and the two Houses being separated:
Ordered, That Messrs. King, Izard, and Paterson, be a committee to prepare and report the draft of an address to the President of the United States, in answer to his speech delivered this day to both Houses of Congress, in the Senate chamber.
Ordered, That the speech of the President of the United States, delivered this day, be printed for the use of the Senate.
The Senate adjourned to Monday next at 11 o'clock.
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Senate Journal --MONDAY, JANUARY 11, 1790.
The Senate assembled: present as on Friday.
A message from the President of the United States, by Mr. Lear, his Secretary, was read, as followeth:
Gentlemen of the Senate:
I have directed Mr. Lear, my private Secretary, to lay before you a copy of the adoption and ratification of the constitution of the United States by the state of North Carolina, together with a copy of a letter from his Excellency Samuel Johnston, President of the convention of said state, to the President of the United States.
The originals of the papers which are herewith transmitted to you, will be lodged in the office of the Secretary of State.
G. WASHINGTON.
United State, January 11, 1790.
Ordered, That the message from the President of the United States, with the papers accompanying the same, lie on the files of the Senate.
Mr. King, on behalf of the committee, reported an address to the President of the United States, in answer to his speech to both Houses of Congress, which, being amended, was adopted as followeth:
To the President of the United States:
Sir: We, the Senate of the United States, return you our thanks for your speech delivered to both Houses of Congress. The accession of the state of North Carolina to the constitution of the United States, gives us much pleasure; and we offer you our congratulations on that event, which, at the same time, adds strength to our Union, and affords a proof that the more the constitution has been considered, the more the goodness of it has appeared. The information which we have received, that the measures of the last session have been as satisfactory to our constituents as we had reason to expect, from the difficulty of the work in which we were engaged, will afford us much consolation and encouragement in resuming our deliberations, in the present session, for the public good; and every exertion on our part shall be made to realize, and secure to our country, those blessings, which a gracious Providence has placed within her reach. We are persuaded that one of the most effectual means of preserving peace, is to be prepared for war; and our attention shall be directed to the objects of common defence, and to the adoption of such plans as shall appear the most likely to prevent our dependence on other countries for essential supplies. In the arrangements to be made respecting the establishment of such troops as may be deemed indispensable, we shall, with pleasure, provide for the comfortable support of the officers and soldiers, with a due regard to economy. We regret that the pacific
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measures adopted by government, with regard to certain hostile tribes of Indians, have not been attended with the beneficial effects towards the inhabitants of our southern and western frontiers which we had reason to hope; and we shall cheerfully co-operate in providing the most effectual means for their protection, and, if necessary, for the punishment of aggressors. The uniformity of the currency, and of weights and measures; the introduction of new and useful inventions from abroad, and the exertions of skill and genius in producing them at home; the facilitating the communication between the distant parts of our country, by means of the post office and post roads; a provision for the support of the Department of Foreign Affairs, and a uniform rule of naturalization, by which foreigners may be admitted to the fights of citizens, are objects which shall receive such early attention as their respective importance requires. Literature and science are essential to the preservation of a free constitution: the measures of government should, therefore, be calculated to strengthen the confidence that is due to that important truth. Agriculture, commerce, and manufactures, forming the basis of the wealth and strength of our confederated Republic, must be the frequent subject of our deliberation, and shall be advanced by all proper means in our power. Public credit being an object of great importance, we shall cheerfully co-operate in all proper measures for its support. Proper attention shall be given to such papers and estimates as you may be pleased to lay before us. Our cares and efforts shall be directed to the welfare of our country; and we have the most perfect dependence upon your co-operating with us, on all occasions, in such measures as will insure to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal, government.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JANUARY 13, 1790.
The Senate assembled: present as yesterday, and the Honorable Jonathan Elmer, from the state of New-Jersey, attended.
The Honorable Benjamin Hawkins, from the state of North Carolina, appeared, produced his credentials, and took his seat in the Senate.
The Vice President administered the oath to Mr. Hawkins.
The Senate adjourned to half past 10 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JANUARY 14, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the 12th instant, the Senate waited on the President of the United States, at his own house, where the Vice President, in their name, delivered to the President of the United States the address agreed to on the 11th instant;
To which the President of the United States was pleased to make the following reply:
Gentlemen: I thank you for your address, and for the assurances which it contains of attention to the several matters suggested by me to your consideration.
Relying on the continuance of your exertions for the public good, I anticipate for our country the salutary effects of upright and prudent counsels.
G. WASHINGTON.
The Senate having returned to the Senate chamber,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 15, 1790.
The Senate assembled: present as yesterday.
The petition of William Montgomery and Abraham Owen, relative to improvements on Dr. Barker's mills, "and certain plans and specifications thereof, by James Rumsey," was read, and ordered to lie on file.
Ordered, That Messrs, Ellsworth, Hawkins, and Paterson, be a committee to bring, in a bill, in addition to "An act to establish the judicial courts of the United States."
The Senate adjourned to 11 o'clock on Monday morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 18, 1790.
The Senate assembled: present as on the 15th, and the Honorable Richard Bassett. from the state of Delaware, attended.
A letter was read from Gerard Bancker, the treasurer of the state of New York, presenting, on behalf of the legislature, a copy of the revised laws of that state.
Ordered, That this letter lie for consideration.
A letter from Gaetan Dago di Domco, proposing the plan of a truce between the United States and the regencies of Algiers and Tunis, was read.
Ordered, That this letter do lie on the files of the Senate.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JANUARY 19, 1790.
The Senate assembled: present as yesterday.
On motion that a committee be appointed to report "a bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment:"
A motion was made for postponement, and it passed in the affirmative.
Ordered, That Messrs. Strong, King, Johnson, Ellsworth, and Henry, be a committee to report "a bill to regulate processes in the courts of the United States."
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JANUARY 20, 1790.
The Senate assembled: present as yesterday.
On motion to resume the consideration of the motion made yesterday, to wit: "That a committee be appointed to report a bill, defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment:"
A motion was made farther to postpone the consideration hereof, and it passed in the affirmative.
On motion,
Resolved, That Messrs. Ellsworth, Maclay, and Henry, be a committee, to confer with such committee as may be appointed on the part of the House of Representatives, to consider and report whether or not the business began previous to the late adjournment of Congress, shall now be proceeded in as if no adjournment had taken place.
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Ordered, That a message be sent to the House of Representatives, acquainting them herewith, and requesting the appointment of a similar committee on their part.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, JANUARY 21, 1790.
The Senate assembled: present as yesterday, and the honorable Robert Morris, from the state of Pennsylvania, attended.
A message from the President of the United States, by the Secretary of War, was read:
Gentlemen of the Senate,
and House of Representatives:
The Secretary for the Department of War has submitted to me certain principles, to serve as a plan for the general arrangement of the militia of the United States.
Conceiving the subject to be of the highest importance to the welfare of our country, and liable to be placed in various points of view, I have directed him to lay the plan before Congress, for their information, in order that they may make such use thereof as they may judge proper.
G. WASHINGTON.
United States, January 21, 1790.
Ordered, That the message from the President of the United States lie for consideration.
Ordered, That the Senate he supplied with newspapers as usual.
A message from the House of Representatives:
Mr. President: The House of Representatives have agreed to the appointment of a committee on their part, consisting of Messrs. Sherman, Thatcher, Hartley, White, and Jackson, to confer with the committee appointed on the part of the Senate, to consider and report whether or not the business begun previous to the late adjournment of Congress, shall now be proceeded in as if no adjournment had taken place.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 22, 1790.
The Senate assembled: present as yesterday.
Mr. Ellsworth, on behalf of the "joint committee of the two Houses, appointed to consider and report whether or not the business begun previous to the late adjournment of Congress, shall now be proceeded in as if no adjournment had taken place," reported.
Ordered, That the consideration of the report be deferred until Monday next.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 25, 1790.
The Senate assembled: present as on Friday.
Proceeded to consider the report of the joint committee of the Senate and House of Representatives, appointed the 20th instant, to wit: "that the business unfinished between the two Houses at the late adjournment, ought to be regarded as if it had not been passed upon by either;"
And, on motion that the report of the committee be postponed:
It passed in the negative.
And, upon the question to agree to the report of the committee,
The yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Few, Hawkins, Henry, Johnson, King, Schuyler, and Strong.--10.
Nays.--Messrs. Bassett, Elmer, Izard, Langdon, Maclay, Morris, Paterson, and Wingate.--8.
So it passed in the affirmative.
And it was
Resolved, That the business unfinished between the two Houses at the late adjournment, ought to be regarded as if it had not been passed upon by either.
Ordered, That a message be sent to the House of Representatives, requesting their concurrence in this resolve.
A message from the President el the United States, by his Secretary, was read.
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Gentlemen of the Senate,
and House of Representatives:
I have received from his Excellency John E. Howard, Governor of the State of Maryland, an act of the legislature of Maryland, to ratify certain articles in addition to, and amendment of, the constitution of the United States of America, proposed by Congress to the legislatures of the several states; and have directed my Secretary to lay a copy of the same before you, together with the copy of a letter accompanying the above act, from his Excellency the Governor of Maryland to the President of the United States.
The originals will be deposited in the office of the Secretary of State.
G. WASHINGTON.
United States, January 25, 1790.
Ordered, That the message from the President of the United States, together with the papers accompanying the same, lie for consideration.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, JANUARY 26, 1790.
The Senate assembled, present as yesterday.
Ordered, That Messrs. Ellsworth, Johnson, Strong, Paterson, and Hawkins, be a committee to report "a bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."
A message from the House of Representatives:
Mr. President: The House of Representatives do agree with the Senate in their resolution, that the business unfinished between the two Houses, at the late adjournment, ought to be regarded as if it had not been passed upon by either.
Mr. Ellsworth, on behalf of the committee, reported "a bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."
Ordered, That this bill have the first reading at this time.
Ordered, That this bill have the second reading to-morrow.
The letter from Gaetan Dago di Domco. was read.
Ordered, That the above letter, and the paper accompanying it, be sent to the House of Representatives.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, JANUARY 27, 1790.
The Senate assembled: present as yesterday.
Proceeded to the second reading of the "bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment;" and, after progress,
Ordered, That the farther consideration hereof be postponed until to-morrow.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed an act for giving effect to the several acts therein mentioned, in respect to the State of North Carolina.
Ordered, That this bill have the first reading at this time.
Ordered, That this bill have the second reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JANUARY 28, 1790.
The Senate assembled: present as yesterday.
Proceeded in the second reading of the "bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."
Ordered, That the rules be so far dispensed with, as that this bill have the third reading at this time.
On motion that the fourth section be amended to read as followeth:
"That the court before whom any person shall be convicted of the crime of murder, for which he or she shall be sentenced to suffer death, may, at their discretion, add to the judgment, that the body of such offender shall be delivered to a surgeon for dissection; and the marshal who is to cause such sentence to be executed, shall, accordingly, deliver the body of such offender, after execution done, to such surgeon
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as the court shall direct, for the purpose aforesaid: Provided, That such surgeon, or some other person by him appointed for the purpose, shall attend to receive and take away the dead body, at the time of the execution of such offender:"
It passed in the affirmative.
Resolved, That this bill do pass as amended; that the title of the bill be "An act for the punishment of certain crimes against the United States;" that it be engrossed, and sent to the House of Representatives for concurrence.
A message from the President of the United States, by his Secretary, was read:
Gentlemen of the Senate,
and House of Representatives:
I have directed my Secretary to lay before you the copy of an act of the legislature of Rhode Island and Providence Plantations, entitled "An act for calling a convention to take into consideration the constitution proposed for the United States, passed on the 17th day of September, A.D. 1787, by the general convention held at Philadelphia," together with the copy of a letter accompanying said act, from his Excellency John Collins, Governor of the state of Rhode Island and Providence Plantations, to the President of the United States.
The originals of the foregoing act and letter will be deposited in the office of the Secretary of State.
G. WASHINGTON.
United States, January 28, 1790.
Ordered, That the message, together with the papers accompanying it, lie for consideration.
The Senate proceeded to the second reading of the bill, entitled "An act giving, effect to the several acts therein mentioned, in respect to the State of North Carolina."
Ordered, That this bill be referred to a special committee, to consist of Messrs. Hawkins, Ellsworth, and Butler.
On motion,
Ordered, That the letter from the Governor of Rhode Island, of the 18th of January instant, to the President of the United States, "requesting a further suspension of the acts of Congress, subjecting the citizens of the state of Rhode Island to the payment of foreign tonnage and foreign duties, during the pleasure of Congress," and communicated with the President's message this day, be referred to the same committee.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, JANUARY 29, 1790.
The Senate assembled: present as yesterday.
The honorable Samuel Johnston, from the state of North-Carolina, appeared, produced his credentials, and took his seat in the Senate.
The Vice President administered the oath to Mr. Johnston.
The engrossed bill, entitled "An act for the punishment of certain crimes against the United States," was carried to the House of Representatives for concurrence.
A letter from Samuel Meredith, Treasurer of the United States, to the Vice President, with his accounts to the first of January, 1790, were read.
Ordered, That the said letter and papers lie for consideration.
On motion, the Senators front the state of North Carolina proceeded to draw lots for their classeS, in conformity to the resolve of the Senate of May the 14th, 1789: and two lots, Nos. 2 and 3, being by the Secretary rolled up and put into the box, Mr. Johnston drew lot No. 2, whose seat in the Senate shall accordingly be vacated at the expiration of the fourth year;
And Mr. Hawkins drew lot No. 3, whose seat in the Senate shall accordingly be vacated at the expiration of the sixth year.
The Senate adjourned until 11 o'clock on Monday morning.
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Senate Journal --MONDAY, FEBRUARY 1, 1790.
The Senate assembled: present as on the 29th January.
Mr. Johnston and Mr. Hawkins laid before the Senate an exemplified copy of the act of the legislature of North Carolina, entitled "An act for the purpose of ceding to the
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United States of America, certain western lands thereto described; which," being read, was ordered to lie for consideration.
Mr. Hawkins, on behalf of the committee appointed the 28th of January, upon the bill, entitled "An act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina," reported sundry amendments, which were accepted.
Ordered, That the rules be so far dispensed with, as that this bill be now read the third time.
Resolved, That the Senate do concur in this bill, with thirteen amendments.
Ordered, That the bill be carried to the House of Representatives for concurrence in the amendments.
A message from the President of the United States, by his Secretary, was read:
Gentlemen of the Senate,
and House of Representatives:
I have received from his Excellency Alexander Martin, GoVernor of the state of North Carolina, an act of the general assembly of that state, entitled "An act for the purpose of ceding to the United States of America, certain western lands therein described," and have directed my Secretary to lay a copy of the same before you, together with a copy of a letter accompanying said act, from his Excellency Governor Martin to the President of the United States.
The originals of the foregoing act and letter will be deposited in the office of the Secretary of State.
G. WASHINGTON.
United States, February 1, 1790.
Ordered, That the communication made by the Senators from the state of North Carolina, together with the President's message of this day, be committed to Messrs. Henry, Izard, Ellsworth, Bassett, and Few.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, FEBRUARY 2, 1790.
The Senate assembled: present, as yesterday.
A message from the House of Representatives, was read, as follows:
"In the House of Representatives of the United States,
"February 1, 1790.
"The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act for giving effect to the several acts thereto mentioned in respect to the state of North Carolina;" whereupon,
"Resolved, That this House doth agree to all the said amendments, with an amendment to the last amendment, as follows:
"Strike out from the word 'second' to the end of the amendment, and in lieu thereof, insert 'section of the act, entitled 'An act to suspend part of an act, entitled 'An act to regulate the collection of duties imposed by law on the tonnage of ships or vessels, and on goods. wares, and merchandises, imported into the United States, and for other purposes,' passed the sixteenth day of September last, shall, with respect to the inhabitants and citizens of the state of Rhode Island and Providence Plantations;" and also, 'that the fourth section of the said act shall continue in force until the first day of April next, and no longer."
Mr. Morris presented the petition of Francis Bailey, upon his new invented method of making types: which was read.
Ordered, That the petition be committed to Messrs. Morris, Izard, and Langdon.
The Senate proceeded to consider the message from the House of Representatives of this day, and
Resolved, That they agree to the amendment proposed to the amendment of the Senate, with an amendment, by striking out what follows the word "Plantations,"and inserting these words, "be revived; and also, that the fourth section of the said act shall be revived, and both continue in force until the first day of April next, and no longer."
Ordered, That a message be sent to the House of Representatives accordingly.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, FEBRUARY 3, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives:
Mr. President: Messrs. Gilman and White, are appointed a Committee for Enrolled Bills, on the part of the House of Representatives, agreeable to the joint rules of the two Houses.
The Senate proceeded to consider the message from the House of Representatives of this day, and
Ordered, That Mr. Wingate be a committee on their part for the purposes therein mentioned
Ordered, That a message be sent to the House of Representatives, to inform them of the appointment.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, FEBRUARY 4, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee of Enrollment, reported, that they had examined the enrolled bill, entitled "An act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina," and found it correct.
A message from the House of Representatives:
Mr. President: The Speaker having signed the enrolled bill, entitled "An act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina," I am directed to bring it to the Senate for the signature of the Vice President.
Whereupon, the Vice President signed the bill; it was then delivered to the committee, to be laid before the President of the United States, for his approbation.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, FEBRUARY 5, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee on Enrolled Bills, reported, that they yesterday laid before the President of the United States, for his approbation, the bill, entitled "An act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina, and for other purposes."
The Senate adjourned to 11 o'clock on Monday next.
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Senate Journal --MONDAY, FEBRUARY 8, 1790.
The Senate assembled: present as on the 5th.
The memorial of the honorable Robert Morris was read, as follows:
To the President, the Senate, and House of Representatives, of the United States of America.
The memorial of Robert Morris, late superintendent of the finances of the said United States,humbly sheweth:
That, on the twentieth day of June, one thousand seven hundred and eighty-five, and subsequent to your memorialist's resignation of his office of superintendent, the Congress passed a resolution, in the words following: "Resolved, that three commissioners be appointed, to enquire into the receipts, and expenditures of public moneys during the administration of the late superintendent of finance, and to examine and adjust the accounts of the United States with that department, during his administration, and to report a state thereof to Congress:" which resolution, to persons unacquainted with the nature of the office, and the mode of conducting the business of the department, gave occasion to the supposition, that your memorialist had accounts both difficult and important to settle with the United States, in respect to his official transactions. That, though your memorialist foresaw the disagreeable consequences which might result to himself; from the diffusion of such an opinion, he, notwithstanding, not only forbore any representation on the subject, but scrupulously avoided every species of interference, direct or indirect, lest it should be imagined, either that he was actuated by the desire of obtaining from Congress those marks of approbation which had, in repeated instances, been bestowed on the servants of the public, or that he feared to meet the proposed investigation; respect for the sovereign of the United
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States, concurring with motives of delicacy, to forbid even the appearance of asking what, if merited, it was to be presumed would be conferred, (as being the proper reward of services, not of solicitation,) and a firm confidence in the rectitude of his conduct, leaving your memorialist no inducement to evade any inquiry into it which it might be thought fit to institute.
That your memorialist, taking it for granted that the reasons which had produced a determination to establish a mode of inquiry into the transactions of the most important office under the government, would have ensured a prosecution of the object, till it had been carried into effect, long remained in silent expectation of the appointment of commissioners, according to the resolution which had been entered into for that purpose; but it has so happened, from what cause your memorialist will not undertake to explain, that no further step has ever been taken in relation to it, and your memorialist has remained exposed to the surmises, which the appearance of an intention to inquire into his conduct had a tendency to excite, without having been afforded an opportunity of obviating them.
That the unsettled condition of certain accounts of a commercial nature, between the United States and the late house of Willing, Morris, and Company, and your memorialist, prior to his appointment as superintendent of the finances, having been confounded with his transactions in that capacity, your memorialist has, in various ways, been subjected to injurious imputations on his official conduct; the only fruits of services which, at the time they were rendered, he trusts he may, without incurring the charge of presumption, affirm, were generally esteemed both important and meritorious, and were at least rendered with ardor and zeal; with unremitted attention, and unwearied application.
That your memorialist, desirous of resetting his reputation from the aspersions thrown upon it, came, in the month of October, 1788, to the city of New York, as well for the purpose of urging the appointment of commissioners to inspect his official transactions, as for that of procuring an adjustment of the accounts which existed previous to his administration. But the first object was frustrated by the want of a sufficient number of members to make a Congress, and the last was unavoidably delayed, by the preliminary investigations requisite on the part of the commissioner, named by the late Board of Treasury, towards a competent knowledge of the business.
That, in the month of February, 1789, your memorialist returned to New York for the same purposes, but the obstacles which he had before experienced, still operated to put it out of his power to present the memorial which had been prepared by him in October, praying for an appointment of commissioners. That he was, therefore, obliged to confine himself to measures for the settlement of his accounts respecting the transactions antecedent to his appointment as superintendent, which he entered upon. accordingly, with the commissioner appointed by the Board of Treasury, and in which as much progress, as time and circumstances would permit, was made, until the fourth of March last, when that commissioner, conceiving his authority, by the organization of the new government, to have ceased, declined farther proceedings, and, of course, your memorialist was obliged to wait the establishment of the new Treasury Department, for the further prosecution of that settlement, which has been accordingly resumed, and he hopes will speedily be accomplished. But, inasmuch as no mode of inquiry into his official conduct has hitherto been put into operation, and as doubts of its propriety have been raised by an act of the government, your memorialist conceives himself to have a claim upon the public justice, for some method of vindicating himself, which will be unequivocal and definitive. Wherefore, and encouraged by a consciousness of the integrity of his administration, your memorialist is desirous that a strict examination should be had into his conduct while in office, in order, that, if he has been guilty of mal-administration, it may be detected and punished; if otherwise, that his innocence may be manifested and acknowledged. Unwilling, from this motive, that longer delay should attend the object of the resolution which has been recited, your memorialist humbly prays that an appointment of commissioners may take place, to carry the said resolution into effect. And your memorialist, as in duty bound, will pray, &c.
ROBERT MORRIS.
New, York, February 8, 1790.
Ordered, That to-morrow be assigned to take this memorial into consideration. The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, FEBRUARY 9, 1790.
The Senate assembled: present as yesterday.
Proceeded, agreeably to the order of the day, to take into consideration the memorial of Robert Morris, Esq. and,
Ordered, That it be committed to Messrs. Izard, Henry, and Ellsworth, to consider and report what is proper to be done thereon.
A message from the House of Representatives:
Mr. President. The House of Representatives have passed a bill, entitled "An act providing for the actual enumeration of the inhabitants of the United States," to which they request the concurrence of the Senate;
The President of the United States has approved of, and affixed his signature to. "An act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina;" and has returned it to the House of Representatives, where it originated.
Ordered, That the bill, entitled "An act providing for the actual enumeration of the inhabitants of the United States," be now read the first time.
Ordered, That this bill have the second reading on Friday next; and that, in the mean time, it be printed for the use of the Senate.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, FEBRUARY 10, 1790.
The Senate assembled: present as yesterday.
Proceeded in the consideration of the executive business communicated from the President of the United States, in his message of the 9th instant.
Mr. Izard, on behalf of the committee appointed to take into consideration the memorial of the Hon. Robert Morris, reported.
Ordered, That the consideration of the report be postponed until to-morrow. The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, FEBRUARY 11, 1790.
The Senate assembled: present as yesterday.
Proceeded, agreeably to the order of the day, to consider the report of the committee upon the memorial of the Hon. Robert Morris; and, upon the question to accept the report:
It passed in the affirmative: whereupon,
Resolved, by the Senate and House of Representatives, that three commissioners be appointed by the President of the United States, to inquire into the receipts and expenditures of public moneys, during the administration of the late Superintendent of Finance; and to examine and adjust the accounts of the United States with that department, during his administration; and to report a state thereof to the President; and that five dollars per diem be allowed to each of the said commissioners, while they shall be employed in that service.
Ordered, That this resolve be sent to the House of Representatives for concurrence.
Ordered, That Messrs. Morris, Langdon, Butler, Dalton, and Ellsworth, be a committee, to report, if they think it expedient, a plan for the regulation of the trade of the United States with the countries and settlements of the European powers in America.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, FEBRUARY, 12, 1790.
The Senate assembled: present as yesterday.
Proceeded, agreeably to the order of the day, to the second reading of the bill, entitled "An act providing for the actual enumeration of the inhabitants of the United States."
Ordered, That the bill be committed to Messrs. Paterson, Strong, Ellsworth, Hawkins, and Johnson.
The Senate adjourned to Monday next, at 11 o'clock.
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Senate Journal --MONDAY, FEBRUARY 15, 1790.
The Senate assembled: present as on the 12th February.
A letter from Benjamin Franklin, Esquire, to the Vice President, enclosing the copy of a letter from James Pemberton to the said Benjamin Franklin, Esquire, with a memorial, signed Benjamin Franklin, in behalf of a society, of which he is president; and an address, signed Nicholas Waln, in behalf of the yearly meeting, of which he is clerk; together with an address, signed George Bowne, in behalf of the representatives of a society, of which he is clerk; were severally read.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, FEBRUARY 16, 1790.
The Senate assembled: present as yesterday.
Mr. Paterson, on behalf of the committee appointed the 12th February, on the bill, entitled "An act providing for the actual enumeration of the inhabitants of the United States," reported sundry amendments, which were accepted; and,
Ordered, That the sixth section be recommitted.
The Senate adjourned to 11 o'clock to-morrow morning,
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Senate Journal --WEDNESDAY, FEBRUARY 17, 1790.
The Senate assembled: present as yesterday.
Mr. Paterson, on behalf of the committee to whom was referred the sixth section of the bill, entitled "An act providing for the actual enumeration of the inhabitants of the United States," reported, that no alteration is necessary;
And the report was accepted.
Ordered, That this bill have the third reading to-morrow.
Mr. Henry, on behalf of the committee appointed February 1st, to whom was referred the communication by the Senators from the state of North-Carolina, of the act of their Legislature, entitled "An act for the purpose of ceding to the United States of America certain western lands, therein described;" together with the message from the President of the United States, of February 1st, on that subject, reported.
Ordered, That to-morrow be assigned for the consideration of the report.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, FEBRUARY 18, 1790.
The Senate assembled: present as yesterday.
The representation of Mary Katherine Goddard, that she was superseded in the office of keeper of the post office in Baltimore, was read.
The Senate proceeded to the third. reading of the bill, entitled "An act providing for the actual enumeration of the inhabitants of the United States."
Resolved, That this bill do pass with twenty-nine amendments.
Ordered, That the bill be carried to the House of Representatives for concurrence in the amendments.
On motion,
Ordered, That the consideration of the report of the committee to whom was referred the communication by the Senators from the state of North Carolina, of the act of the Legislature of that state, entitled "An act tot the purpose of ceding to the United States of America certain western lands. therein described," together with the message from the President of the United States, of February 1st, on that subject, be postponed until Monday next.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, FEBRUARY 19, 1790.
The Senate assembled: present as yesterday.
On motion,
The Senate adjourned until Monday next, at 11 o'clock.
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Senate Journal --MONDAYS FEBRUARY 22, 1790.
The Senate assembled: present as on the 19th.
Mr. Morris, in behalf of the committee to whom was referred the petition of Francis Bailey, reported: whereupon,
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Ordered, That the said petition be referred to the Secretary of the Treasury to report.
Agreeably to the order of the day, the Senate proceeded to consider the report of the committee appointed February 1st, to whom was referred the communication by the Senators from the state of North Carolina, of the act of their Legislature, entitled "An act for the purpose of ceding to the United States of America certain western lands, therein described;" together with the message from the President of the United States, of February 1st, on that subject, to wit:
"That it will be expedient for Congress, in behalf of the United States, to accept of the cession proposed by the said act, upon the conditions therein contained, and that, when a deed shall be executed for the same, they express their acceptance thereof by a legislative act," and,
Resolved, That the Senate do accept the report.
Ordered, That it be sent to the House of Representatives for their concurrence.
A message from the House of Representatives:
Mr. President: The House of Representatives agree to all the amendments proposed by the Senate to the bill, entitled - An act for the actual enumeration of the inhabitants of the United States," except the 22d, 23d, 24th, 25th, and 26th; to which they disagree.
The Senate proceeded to consider the above recited message from the House of Representatives, and,
Resolved, That they do recede from their 22d, 23d, 24th, 25th, and 26th, amendments to the bill therein mentioned.
Ordered, That a message be sent to the House of Representatives accordingly.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --TUESDAY, FEBRUARY, 23, 1790.
The Senate assembled: present as yesterday.
Ordered, That Messrs. Ellsworth, Strong, and Izard, be a committee to bring in a bill for declaring the acceptance of certain lands ceded to the United States by the legislature of North Carolina, as described in their act of cession, when a deed thereof shall be executed.
Ordered, That Messrs. Hawkins, Langdon, and Few, he a committee to prepare and report a rule, determining in what cases a re-consideration of a vote of Senate shall be admissible.
The report of the Secretary of the Treasury, upon the petition of Francis Bailey, was read, as follows:
Treasury Department,
February 23, 1790.
Pursuant to the above order of the Senate of the United States, of the 22d of February instant, referring the petition of Francis Bailey to the Secretary of the Treasury, the said Secretary reports:
That he has received from the said Francis Bailey a communication of the invention to which he alludes in his petition;
That it appears to him difficult to decide, to what extent that invention will afford the security against counterfeiting, which is the object of it;
That, nevertheless, he is of opinion, it will be likely to add to the difficulty of that pernicious practice, in a sufficient degree to merit the countenance of government, by securing to the petitioner an exclusive right to the use of the invention;
That, with regard to the employment of the petitioner to print such papers of a public nature, as may require precaution against counterfeit, this, in the judgment of the Secretary, ought to remain a matter of discretion, to be regulated by the success of the experiment, and the convenience of the public.
All of which is humbly submitted.
ALEXANDER HAMILTON,
Secretary of the Treasury.
To theVice President
of the United States.
Ordered, That it lie for consideration.
On motion that a committee be appointed to consider what measures may be necessary to be adopted relative to the inspection of exports from the United States; and if they think proper, to prepare a bill on that subject:
Ordered, That this motion lie for consideration.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --WEDNESDAY, FEBRUARY 24, 1790.
The Senate assembled: present as yesterday.
On motion,
Ordered, That Messrs. Dalton, Morris, Izard, Langdon, and Johnston, be a committee "to consider what measures may be necessary to be adopted relative to the inspection of exports from the United States; and, if they think proper, to prepare a bill on that subject."
Mr. Hawkins, on behalf of the committee appointed to prepare and report a rule, determining in what cases a re-consideration of a vote of Senate shall be admissible, reported.
Ordered, That the report lie for consideration,
The Senate adjourned to 11 o'clock to morrow morning.
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Senate Journal --THURSDAY, FEBRUARY 25, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Joint Committee on Enrolled Bills, reported, that they had examined the bill, entitled "An act providing for the enumeration of the inhabitants of the United States;" and had found it correct.
The Senate proceeded to consider the report of the committee appointed the 23d instant, "to prepare and report a rule determining in what cases a re-consideration of a vote of Senate shall be admissible;" which, being amended, was accepted: whereupon,
Resolved, That, when a question has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for a re-consideration of it.
A message from the House of Representatives:
Mr. President: The Speaker having signed an enrolled bill, entitled "An act providing for the enumeration of the inhabitants of the United States," I am directed to bring it to the Senate, for the signature of the Vice President.
Whereupon, the Vice President signed the bill, and it was delivered to the committee, to be laid before the President of the United States, for his approbation.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --FRIDAY, FEBRUARY 26, 1790.
The Senate assembled: present as yesterday.
Ordered, That Messrs. Bassett, Few, Henry, King, Paterson, and Hawkins, be added to the committee appointed the 11th February, "to report (if they think it expedient) a plan for the regulation of the trade of the United States, with the countries and settlements of the European powers in America."
Ordered, That Messrs. Bassett, Few, Henry, King, Paterson, and Ellsworth, he added to the committee appointed the 24th February, to consider "what measures may be necessary to be adopted relative to the inspection of exports from the United States; and, if they think proper, to prepare a bill on that subject."
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MARCH 1, 1790.
The Senate assembled: present as on the 26th of February.
On motion,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MARCH 2, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act to vest in Francis Bailey the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and impressing marks on plates, or any other substance, to prevent counterfeits, upon a principle by him invented, for a term of years;" to which they desire the concurrence of the Senate;
The President of the United States has affixed his signature to the bill, entitled "An act providing for the enumeration of the inhabitants of the United States;" and has returned it to the House of Representatives, where it originated.
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Ordered, That the bill, entitled "An act to vest in Francis Bailey the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and impressing marks on plates, or any other substance, to prevent counterfeits, upon a principle by him invented, for a term of years," have the first reading at this time.
Ordered, That this bill have the second reading to-morrow.
The Senate adjourned to 11 o'clock to.morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 3, 1790.
The Senate assembled: present as yesterday.
Proceeded to the second reading of the bill, entitled "An act to vest in Francis Bailey the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and impressing marks on plates, or any other substance, to prevent counterfeits, upon a principle by him invented, for a term of years."
Ordered, That this bill be committed to Messrs. Strong, Ellsworth, Hawkins, Few, and Henry.
Mr. Ellsworth, on behalf of the committee appointed February 23d, reported a bill "to accept a cession of the claims of the state of North Carolina to a certain district of western territory."
Ordered, That the rules be so far dispensed with, as that this bill have the first reading at this time.
Ordered, That to-morrow be assigned for the second reading of this bill.
On motion "that the Secretary of the Treasury direct the respective collectors, in the several ports of the United States, not to clear out any vessel having articles on board subject to inspection by the laws of the state, from which such vessel shall be about to depart, without having previously obtained such manifests, and other documents, as are enjoined by the said laws:"
Ordered, That the consideration hereof be deferred until to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 4, 1790.
The Senate assembled: present as yesterday.
Mr. Strong, on behalf of the committee appointed the 3d of March, to take into consideration the bill, entitled "An act to vest in Francis Bailey the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and impressing marks on plates, or any other substance, to prevent counterfeits, upon a principle by him invented, for a term of years," reported, that the consideration thereof be postponed until a "bill to promote the progress of useful arts," shall be taken into consideration.
Resolved, That this report be accepted.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, "to accept a cession of the claims of the state of North Carolina to a certain district of western territory."
Ordered, That to-morrow be assigned for the third reading of this bill.
The Senate proceeded to consider the motion made yesterday, and deferred to this morning, to wit: "That the Secretary of the Treasury direct the respective collectors, in the several ports of the United States, not to clear out any vessel having articles on board subject to inspection by the laws of the state, from which such vessel shall be about to depart, without having previously obtained such manifests and other documents, as are enjoined by the said laws."
Ordered, That the motion be committed to Messrs. Izard, Strong, and Bassett, and that the committee be instructed to report a bill upon the subject matter of it, if bill shall appear to them necessary.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act to establish a uniform rule of naturalization;" to which they request the concurrence of the Senate.
Ordered, That this bill be now read the first time.
Ordered, That this bill have the second reading on Monday next; and that is be printed, in the mean time, for the use of the Senate.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MARCH 5, 1790.
The Senate assembled: present as yesterday.
Proceeded to the third reading of the bill, "to accept the cession of the claims of the state of North Carolina to a certain district of western territory."
Ordered, That this bill do pass; that the title be "An act to accept the cession of the claims of the state of North Carolina to a certain district of western territory;" that it be engrossed, and sent to the House of Representatives for their concurrence.
Mr. Izard, on behalf of the committee appointed the 4th of March, reported: whereupon,
Resolved by the Senate and House of Representatives of the United States in Congress assembled, That the respective collectors, in the several ports of the United States, be directed not to grant a clearance for any ship or vessel having articles on board subject to inspection by the laws of the state from which such ship or vessel shall be about to depart, without having previously obtained such manifests, and other documents, as are enjoined by the said laws.
Ordered, That this resolve be sent to the House of Representatives for their concurrence.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MARCH 8, 1790.
The Senate assembled: present as on the 5th of March, and the Honorable George Read, from the state of Delaware, attended.
A message from the President of the United States:
Gentlemen of the Senate
and House of Representatives:
I have received from his Excellency Joshua Clayton, President of the state of Delaware, the articles proposed by Congress to the legislatures of the several states as amendments to the constitution of the United States; which articles were transmitted to him for the consideration of the Legislature of Delaware, and are now returned, with the following resolutions annexed to them, viz.
"The General Assembly of Delaware having taken into their consideration the above amendments, proposed by Congress to the respective legislatures of the several states:
"Resolved, That the first article be postponed."
"Resolved, That the General Assembly do agree to the second, third, fourth, fifths sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth, articles; and we do hereby assent to ratify, and confirm, the same, as part of the constitution of the United States.
"In testimony whereof, we have caused the great seal of the state to be hereunto affixed, this twenty-eighth day of January, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the independence of the Delaware state.
"Signed by order of Council.
"GEORGE MITCHELL,Speaker.
"Signed by order of the House of Assembly.
"JEHU DAVIS,Speaker."
I have directed a copy of the letter which accompanied the said articles, from his Excellency Joshua Clayton to the President of the United States, to be laid before you.
The before mentioned articles, and the original of the letter, will be lodged in the office of the Secretary of State.
GEO. WASHINGTON.
United States, March 8, 1790.
Delaware, February 19, 1790.
Sir: Agreeably to the directions of the General Assembly of this state, I do myself the honor to enclose your Excellency their ratification of the articles, proposed by Congress, to be added to the constitution of the United States; and am, &c.
JOSHUA CLAYTON.
His ExcellencyGeorge Washington,
President of the United States,
I hereby certify that the above letter is a true copy from the original.
TOBIAS LEAR,
Secretary to the President U. S.
United States, March 8, 1790.
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Ordered, That the message from the President of the United States, of this day, with the papers accompanying it, lie for consideration.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act to provide for the remission of mitigation of fines, forfeitures, and penalties, in certain cases;" to which they request the concurrence of the Senate.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act to establish an uniform rule of naturalization;" and, after progress, deterred the farther consideration thereof until to-morrow.
The Senate adjourned to 11 o'clock to morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MARCH 9, 1790.
The Senate assembled: present as yesterday.
Ordered, That the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in be now certain cases," read the first time.
Ordered, That this bill have the second reading to-morrow.
Agreeably to the order of the day, the Senate proceeded in the second reading of the bill, entitled "An act to establish an uniform rule of naturalization."
Ordered, That the bill be committed to Messrs. Henry, King, Strong, Ellsworth, and Johnson.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 10, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases."
Ordered, That the consideration of this bill be postponed until to-morrow.
The Senate proceeded in the executive business communicated in the messages from the President of the United States, of the 9th and 18th of February last.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 11, 1790.
The Senate assembled: present as yesterday.
The memorial of David Olyphant, late director general of the hospital in the state of South Carolina, praying for an explanatory instruction to the commissioner for settling the accounts in the hospital department, respecting his demands for past services, was read, and ordered to lie on the table.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act to promote the progress of useful arts;" also, a bill, entitled "An act for increasing the salaries of clerks in the office of the commissioners for settling accounts between the United States and individual states;" to which they request the concurrence of the Senate.
The Senate proceeded in the second reading of the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases," and it was committed to Messrs. Morris, Izard, Strong, Henry, and Langdon.
Ordered, That the bill, entitled "An act to promote the progress of useful arts," have the first reading at this time.
Ordered, That this bill be read a second time on Monday next; and that, in the mean time, it be printed for the use of the Senate.
Ordered, That the bill, entitled "An act for increasing the salaries of clerks in the office of the commissioners for settling accounts between the United States and individual states, "have the first reading at this time.
Ordered, That to-morrow be assigned for the second reading of this bill.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MARCH 12, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act for increasing the salaries of clerks in the office of the
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commissioners for settling accounts between the United States and individual states," and the further consideration thereof was postponed.
Mr. Henry, on behalf of the committee appointed the 9th March, to consider the bill, entitled "An act to establish an uniform rule of naturalization," reported; and the consideration of the report was postponed.
It being suggested that the committees wanted time to perfect their reports,
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MARCH 15, 1790.
The Senate assembled: present as on the 12th of March, and the Hon. Mr. Carroll, from the state of Maryland, attended.
Mr. Morris, on behalf of the committee appointed on the 11th instant, upon the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases," reported amendments; which were postponed to the third reading of the bill.
Ordered, That to-morrow be assigned for the third reading of this bill.
The Senate proceeded, agreeably to the order of the day;to the second reading of the bill, entitled "An act to promote the progress of useful arts."
Ordered, That it be committed to Messrs. Carroll, Johnson, Few, Maclay, and Paterson.
The Senate proceeded to consider the report of the committee upon the bill, entitled "An act to establish an uniform rule of naturalization;" and, after progress, went into the consideration of the executive business postponed the 10th of March.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MARCH 16, 1790.
The Senate assembled: present as yesterday, except Mr. Elmer, absent with leave.
The Senate proceeded to the third reading of the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases;"and the report of the committee being read, after debate, the farther consideration of the bill was postponed until to-morrow.
The Senate proceeded in the consideration of the report of the committee on the bill. entitled "An act to establish an uniform rule of naturalization;" and the report of the committee thereon being read,
Ordered, That the farther consideration hereof be postponed until to-morrow.
Ordered, That the bill, entitled "An act to vest in Francis Bailey the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and impressing marks on plates, or any other substance, to prevent counterfeits, upon a principle by him invented, for a term of years," be referred to the committee appointed yesterday, to take into consideration the bill, entitled "An act to promote the progress of useful arts."
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety;" to which they request the concurrence of the Senate.
Ordered, That this bill have the first reading at this time.
Ordered, That this bill have the second reading to-morrow.
A message from the President of the United States, by his Secretary, was read:
Gentlemen of the Senate,
and House of Representatives:
I have directed my Secretary to lay before you the copy of an act, and the form of ratification, of certain articles of amendment to the constitution of the United States, by the Legislature of the state of Pennsylvania; together with the copy of a letter whichaccompanied the said act, from the Speaker of the House of Assembly of Pennsylvania, to the President of the United States.
The originals of the above will be lodged in the office of the Secretary of State.
G. WASHINGTON.
United States, March 16, 1790.
In General Assembly
State of Pennsylvania, to wit:
In pursuance of a resolution of the General Assembly of the state of Pennsylvania, (being the Legislature thereof,) I do hereby certify, that the paper hereunto annexed
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contains an exact and true exemplification of the act whereof it purports to be a copy; by virtue whereof the several amendments therein mentioned, proposed to the constitution of the United States, were, on the part of the commonwealth of Pennsylvania, agreed to, ratified, and confirmed.
Given under my hand, and the seal of the state, this eleventh day of March, in the year of our Lord one thousand seven hundred and ninety.
RICHARD PETERS,Speaker.
An Act declaring the assent of this state to certain amendments to the constitution of the United States.
Sec. 1. Whereas, in pursuance of the fifth article of the constitution of the United States, certain articles of amendment to the said constitution have been proposed by the Congress of the United States, for the consideration of the legislatures of the several states; and, whereas, this House, being the Legislature of the state of Pennsylvania having maturely deliberated thereupon, have resolved to adopt and ratify the articles hereafter enumerated, as part of the constitution of the United States.
Sec. 2. Be it, therefore, enacted, and it is hereby enacted by the representatives of the freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, that the following amendments to the constitution of the United States, proposed by the Congress thereof, viz: [Here follow the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles, which were proposed by Congress to the legislatures of the several states, as amendments to the constitution of the United States.] be, and they are hereby, ratified on behalf of this state, to become, when ratified by the legislatures of three-fourths of the several states, part of the constitution of the United States.
Signed by order of the House,
RICHARD PETERS,Speaker.
Enacted into a law, at Philadelphia, on Wednesday, the tenth day of March, one thousand seven hundred and ninety.
PETER ZACHARY LLOYD,
Clerk of the General Assembly.
I, Mathew Irwin, Esq. master of the rolls for the state of Pennsylvania, do certify the preceding writing to be a true copy (or exemplification) of a certain law, remaining in my office.
Witness my hand, and seal of office, the 11th March, 1790.
MATHEW IRWIN,M. R.
I do certify the foregoing to be a true copy of the act and form of ratification of certain articles of amendment to the constitution of the United States, by the Legislature of the state of Pennsylvania, as transmitted to the President of the United States.
TOBIAS LEAR,
Secretary to the President of the United States.
United States, March 16, 1790.
In Assembly of Pennsylvania,
March 11th, 1790.
Sir: I have the honor to transmit an exemplified copy of the act, declaring the assent of this state to certain amendments to the constitution of the United States, that you may be pleased to lay it before Congress.
With the greatest respect, I have the honor to be, your obedient servant,
RICHARD PETERS,Speaker.
His ExcellencyThe President of the United States.
I certify the above to be a true copy from the original.
TOBIAS LEAR,
Secretary to the President of the United States.
United States, March 16, 1790.
The petition of James Mathers, door-keeper to the Senate, for reasonable compensation for services in the recess, was read.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 17, 1790.
The Senate assembled: present as yesterday,
And proceeded to the second reading of the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety."
Ordered, That the farther consideration of this bill be deferred until to-morrow.
The Senate proceeded in the third reading of the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases;" and the report of the committee thereon being taken into consideration,
Ordered, That the rules be so far dispensed with, as that this bill be again committed to a special committee, to consist of Messrs. Read, Morris, Strong, Ellsworth, and Bassett.
The Senate proceeded in the second reading of the bill, entitled "An act to establish an uniform rule of naturalization;" and the report of the committee thereon being considered,
Ordered, That the farther consideration of this bill he postponed until to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 18, 1790.
The Senate assembled: present as yesterday,
And proceeded in the second reading of the bill, entitled "An act to establish an uniform rule of naturalization."
Ordered, That to-morrow be assigned for the third reading of this bill.
The Senate proceeded in the second reading of the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred, and ninety."
Ordered, That it be committed to Messrs. Few, Johnston, Butler, Izard, and Langdon.
Ordered, That the petition of James Mathers, door-keeper to the Senate, be committed to the above committee, to report what is proper to be done thereon.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MARCH 19, 1790.
The Senate assembled: present as yesterday.
Mr. Read, on behalf of the committee appointed March the 17th, to take into consideration the bill, entitled "An act to provide for the remission or mitigation of finest forfeitures, and penalties, in certain cases," reported; which report was accepted as an amendment to the bill.
Resolved, That this bill do pass, with an amendment.
Ordered, That a message be sent to the House of Representatives, to acquaint them herewith, and to request their concurrence in the amendment.
The Senate proceeded, agreeably to the order of the day, to the third reading of the bill, entitled "An act to establish an uniform rule of naturalization."
Resolved, That this bill do pass, with an amendment.
Ordered, That a message be sent to the House of Representatives, to acquaint them herewith, and to request their concurrence in the amendment.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MARCH 22, 1790.
The Senate assembled: present as on the 19th March.
The petition of Nathaniel Tracy was read, praying that a law might be enacted for the relief of "unfortunate merchants, from embarrassments arising solely from inevitable mercantile misfortunes."
Ordered, That this petition lie on the table.
A message from the House of Representatives:
Mr. President: The House of Representatives have agreed to the amendment proposed by the Senate, to the bill, entitled "An act to establish an uniform rule of naturalization."
The petition of John Fitch was read, praying that a clause, providing for the trial by jury, might be inserted in a bill before Congress, "to promote the progress of useful arts."
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Ordered, That this petition be referred to the committee who have under consideration the last mentioned bill.
The committee, to whom was referred the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety," and to whom was referred the petition of James Mathers, reported; which report was accepted as amendments to the bill.
The Senate proceeded in the second reading of the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety."
Ordered, That the rules be so far dispensed with, as that this bill have a third reading at this time.
Resolved, That this bill do pass with three amendments.
Ordered, That a message be sent to the House of Representatives to acquaint them herewith, and to request their concurrence in the amendments.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MARCH 23, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives:
Mr. President: The House of Representatives have concurred in all the amendments proposed by the Senate to the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety" except the last, in which they concur with an amendment, as follows: "To Gifford Dally, door-keeper to the House of Representatives, one hundred and ninety-two dollars, and to James Mathers, door-keeper to the Senate, ninety.six dollars."
The Senate proceeded to consider the amendment of the House of Representatives to the last amendment of the Senate, on the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety; and,
Resolved, That the Senate do not agree to the amendment proposed by the House of Representatives, but that they do insist on their own amendment.
Ordered, That a message be sent to the House of Representatives accordingly.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 24, 1790.
The Senate assembled present as yesterday.
A message from the House of Representatives:
Mr. President: The House of Representatives recede from their amendment to the last amendment of the Senate on the bill, entitled "An act making appropriations for the support of government, for the year one thousand seven hundred and ninety," and concur in the amendment of the Senate.
The Senate, after finishing the executive business before them,
Adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 25, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee on Enrolled Bills, reported, that they had examined the bill, entitled "An act to establish an uniform rule of naturalization," and the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety," and had found them correct.
A message from the House of Representatives:
Mr. President: The House of Representatives disagree to the amendment of the Senate, upon the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases;" and request a conference on the subject matter of disagreement; and have appointed Messrs. Ames, Huntington, and Jackson, managers of the conference on their part;
The Speaker having affixed his signature to the bill, entitled "An act to establish an uniform rule of naturalization," and to the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety," I am directed to bring them to the Senate for the signature of the Vice President.
The Senate proceeded to appoint Messrs. Strong, Ellsworth, and Read, managers of the conference requested on the disagreeing votes of the Senate and House of
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Representatives, on the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases."
The Vice President affixed Iris signature to the enrolled bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety," and to the bill, entitled "An act to establish an uniform rule of naturalization;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
Ordered, That a message be sent to the House of to acquaint them, that the Senate had agreed to the proposed conference on the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases," and had appointed managers on their part.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MARCH 26, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Committee on Enrolled Bills, reported, that they did yesterday lay before the President of the United States, for his approbation, the bill, entitled "An act making appropriations for the support of government for the year one thousand seven hundred and ninety;" together with the bill, entitled "An act to establish an uniform rule of naturalization."
The petition of the merchants and traders of the town of Portsmouth, and state of New Hampshire, praying that a law might be enacted "for the establishment of the foreign trade of the United States upon principles of reciprocal benefit, becoming the dignity of a free and independent nation;" and, also, for an alteration in the law to establish the judicial courts of the United States, "so far as that the district and circuit courts, for the state of New Hampshire, may be held in the town of Portsmouth," was read.
Ordered, That so much of this petition as respects the regulation of trade, be referred to the committee appointed February 11th, to report, if they think it expedient, a plan for the regulation of the trade of the United States with the countries and settlements of the European powers in America:
And that so much of the said petition as respects the places for holding the district and circuit courts, in the state of New Hampshire, be referred to the committee appointed January 15th, 1790, to bring in a bill, in addition to "An act to establish the judicial courts of the United States."
The memorial of the officers of the late navy of the United States, praying that the same emoluments that were granted to the officers of the late continental army, may be extended to them, was read.
Ordered, That this memorial lie on the table.
A message from the House of Representatives:
Mr. President: The House of Representatives have had under consideration the confidential communications from the President of the United States, of the 12th January, to the Senate and House of Representatives, and have passed a bill upon that subject; to which they request the concurrence of the Senate.
Ordered, That the bill, entitled "An act for regulating the military establishment of the United States," have the first reading at this time.
Ordered, That Monday next be assigned for the second reading of this bill, and that, in the mean time, it be printed for the use of the Senate.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MARCH 29, 1790.
The Senate assembled: present as on the 26th March, except Mr. Morris, absent with leave.
Mr. Carroll, on behalf of the committee appointed March 15th, to consider the bill, entitled "An act to promote the progress of useful arts;" and the bill, entitled "An act to vest in Francis Bailey the exclusive privilege of making, using, and vending to others, punches for stamping the matrices of types, and impressing marks on plates or any other substance, to prevent counterfeits, upon a principle by him invented, for a term of years;" together with the petition of John Fitch, reported; which report was accepted as amendments to the first mentioned bill.
Ordered, That the bill, entitled "An act to promote the progress of useful arts," have the third reading to-morrow.
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A message from the House of Representatives:
Mr. President: The House of Representatives have passed another bill upon the subject of the confidential communications made by the President of the United States, in which they request the concurrence of the Senate;
They have also passed a bill, entitled "An act to prevent the exportation of goods not duly inspected according to the laws of the several states," in which they request the concurrence of the Senate;
The House of Representatives have considered the bill, entitled "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory," and have concurred with the Senate therein, with an amendment, to which amendment they request the concurrence of the Senate.
The Senate proceeded to the first reading of the bill, entitled "An act providing for holding a treaty or treaties, to establish peace with certain Indian tribes."
Ordered, That this bill have a second reading on Monday next.
The Senate proceeded to the first reading of the bill, entitled "An act to prevent the exportation of goods not duly inspected according to the laws of the several states."
Ordered, That this bill have the second reading to-morrow.
The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory."
Resolved, That they concur in the amendment of the House of Representatives with an amendment.
Ordered, That a message be sent to the House of Representatives accordingly.
The Senate proceeded to the second reading of the bill, entitled, "An act for regulating the military establishment of the United States."
Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MARCH 30, 1790.
The Senate assembled: present as yesterday, and
Proceeded in the second reading of the bill, entitled "An act for increasing the salaries of clerks in the office of the commissioners for settling accounts between the United States and individual states;" and, on motion to assign a time for the third reading of this bill.
It passed in the negative.
The Senate proceeded to the third reading of the bill, entitled "An act to promote the progress of useful arts;" and,
Resolved, That this bill do pass, with twelve amendments.
Ordered, That a message be sent to the House of Representatives, to acquaint them therewith, and to request their concurrence in the amendments.
A message from the House of Representatives:
Mr. President: The House of Representatives have agreed to the amendment of the Senate, to their amendment to the bill, entitled "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory."
The Senate proceeded to the second reading of the bill, entitled "An act to prevent the exportation of goods not duly inspected according to the laws of the several states;" and,
Ordered, That to-morrow be assigned for the third reading of this bill.
The Senate proceeded in the second reading of the bill, entitled "An act for regulating the military establishment of the United States."
Ordered, That this bill be committed to Messrs. Few, Ellsworth, Butler, Schuyler, Carroll, Langdon, and Strong.
A message from the House of Representatives:
Mr. President: I am directed to inform the Senate, that the President of the United States did, on the 26th March affix his signature to "An act making appropriations for the support of government for the year one thousand seven hundred and ninety," and to "An act to establish an uniform rule of naturalization."
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 31, 1790.
The Senate assembled: present as yesterday, and
Proceeded to the third reading of the bill, entitled "An act to prevent tire exportation of goods not duly inspected according to the laws of the several states."
Resolved, That this bill do pass.
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Ordered, That a message be sent to the House of Representatives, to acquaint them with the concurrence of the Senate in the abovementioned bill.
The Senate proceeded in the executive business communicated in the message from the President of the United States of the 30th March.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 1, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, on behalf of the Joint Committee on Enrolled Bills, reported, that they had examined the bill, entitled "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory;" and the bill, entitled "An act to prevent the exportation of goods not duly inspected according to the laws of the several states;" and had found them correct.
Ordered, That Messrs. Ellsworth, Few, and Wingate, be a committee to state the compensation due to the members of the Senate, for the present session, to the 31st March, inclusive.
A message from the House of Representatives:
Mr. President: The Committee on Enrolled Bills, having examined the bill, entitled "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory;" and the bill entitled "An act to prevent the exportation of goods not duly inspected according to the laws of the several states," and found them correct; and the Speaker having affixed his signature thereto, I am directed to bring them to the Senate.
Whereupon, the Vice President affixed his signature to the abovementioned bills, and they were delivered to the committee, to be laid before the President of the United States for his approbation.
The Senate adjourned to Saturday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, APRIL 3, 1790.
The Senate assembled: present as on the 1st April, and Mr. Elmer, from the state of New Jersey, attended.
Mr. Wingate, on behalf of the Joint Committee to examine Enrolled Bills, reported, that they had, on the 1st of April, presented to the President of the United States, for his approbation, the bill, entitled "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory;" and the bill, entitled "An act to prevent the exportation of goods not duly inspected according to the laws of the several states."
A message from the President of the United States:
Mr. President: l am commanded to inform the Senate, that the President of the United States did, on the 2d of April, approve of, and affix his signature to, "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory."
I am also commanded to communicate to the Senate, a written message from the President of the United States.
The message, and papers accompanying it, were read.
Gentlemen of the Senate,
and House of Representatives:
I have directed my private Secretary to lay before you, a copy of the adoption, by the Legislature of South Carolina, of the articles proposed by Congress to the legislatures of the several states, as amendments to the constitution of the United States; together with the copy of a letter from the Governor of the state of South Carolina to the President of the United States, which have lately come to my hands. The originals of the foregoing will be lodged in the office of the Secretary of State.
G. WASHINGTON.
United States, April 1, 1790.
Charleston, January 28, 1790.
Sir: I have the honor to transmit you the entire adoption, by the Legislature of this state, of the amendments proposed to the constitution of the United States.
I am, with the most perfect esteem and respect,
Your most obedient servant,
CHARLES PINCKNEY.
To thePresident of the United States.
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In the House of Representatives,
January 18, 1790.
The House took into consideration the report of the committee, to whom was referred the resolution of the Congress of the United States, of the 4th day of March, 1789, proposing amendments to the constitution of the United States:
[Here follows a recital of the articles of amendment.]
Which, being read through, was agreed to: whereupon,
Resolved, That this House do adopt the said several articles, and that they become a part of the constitution of the United States.
Resolved, That the resolution be sent to the Senate for their concurrence.
By order of the House,
JACOB READ,
Speaker of the House of Representatives.
In the Senate, January 19, 1790.
Resolved, That this House do concur with the House of Representatives in the foregoing resolutions.
By order of the Senate,
D. DE SAUSSURE,
President of the Senate.
Ordered, That a message be sent to the House of Representatives, to inform them, that the President of the United States did, on the 2d April, approve of, and affix his signature to, "An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory."
Mr. Ellsworth, on behalf of the committee appointed the let April, to state the compensation due to the members of the Senate, for the present session, reported.
"That there is due to the Senators of the United States for attendance in Congress the present session, to the 31st day of March, inclusive, and expenses of travel to Congress, as allowed by law, as follows, to wit:
Which report being accepted, the Vice President executed the following certificate:
In Senate of the United States,
New York, the 3d day of April, 1790.
I certify, that the sums affixed to the names of the Senators, are due to them, respectively, according to law.
JOHN ADAMS.Vice President,
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 5, 1790.
The Senate assembled: present as on the 3d of April.
A message from the House of Representatives:
Mr. President: The House of Representatives agree to all the amendments of the Senate to the bill, entitled "An act to promote the progress of useful arts," except the tenth; to which they do not agree;
The President of the United States did, on the 2d of April, of, and affixed his signature to, "An act to prevent the exportation of goods not duly inspected according to the laws of the several states."
The Senate proceeded to consider the message from the House of Representatives, together with the bill, entitled "An act to promote the progress of useful arts" and the disagreement of the House of Representatives to their tenth amendment; and,
Resolved, That the Senate do recede from the said amendment.
Ordered, That a message he sent to the House of Representatives accordingly.
Mr. Strong, on behalf of the managers appointed the 25th March, to confer with a committee of the House of Representatives, on the amendments of the Senate to the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases," reported,
"That, having conferred with the managers on the part of the House of Representatives, they could come to no agreement on the subject matter of the said amendments."
The Senate proceeded to the second reading of the bill, entitled "An act providing for holding a[treaty, or treaties, to establish peace with certain Indian tribes."
Ordered, That the consideration hereof be postponed.
A written message from the President of the United States, was communicated to the Senate, by his Secretary:
Gentlemen of the Senate,
and House of Representatives:
I have directed my private Secretary to lay before you, copies of three acts of the Legislature of the state of New York, which have been transmitted to me by the Governor thereof, viz:
"An act declaring it to be the duty of the sheriffs of the several counties within this state, to receive and safe keep such prisoners as shall be committed under the authority of the United States;"
"An act for vesting in the United States of America the light house, and the lands thereunto belonging, at Sandy Hook;" and,
"An act ratifying certain articles in addition to, and amendment of, the constitution of he United States of America, proposed by Congress."
A copy of a letter accompanying said acts, from the Governor of the state of New York, to the President of the United States, will, at the same time be laid before you, and the originals be deposited in the office of the Secretary of State.
G. WASHINGTON.
United States, April 5, 1790.
New York, 2d April, 1790.
Sir: I have the honor of transmitting to your Excellency, herewith inclosed, exemplifications of three acts of the Legislature of this state, passed at their present session:
And to be, with the highest respect,
Your most obedient servant,
GEORGE CLINTON.
I hereby certify, that the foregoing is a true copy of the original letter from the Governor of the State of New York, to the President of the United States.
TOBIAS LEAR,
Secretary to the President of the United State,
United States, April 5, 1790
The people of the state of New York, by the Grace of God, free and independent.
To all to whom these presents shall come, or may concern, Greeting:
Know ye, that we, having inspected the records remaining in our Secretary's office, do find there a certain act of our Legislature, in the words and figures following: "An act ratifying certain articles in addition to, arid amendment of, the constitution of the United States of America, proposed by the Congress:--Whereas, by the fifth article
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of the constitution of the United States of America, it is provided, that the Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to the said constitution, which shall be valid, to all intents and purposes, as part of the said constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof; as the one or the other mode of ratification may be proposed by the Congress. And whereas, in the session of the Congress of the United States of America, begun and held at the city of New York, on Wednesday, the fourth of March, one thousand seven hundred and eighty-nine, it was 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 articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States; all or any of which articles, when ratified by three fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said constitution, viz. Articles in addition to, and amendment of, the constitution of the United States of America, proposed by Congress, and ratified by the legislatures of the several states, pursuant to the fifth article of the original constitution:
[Here follows the several articles.]
And whereas the Legislature of this state have considered the said articles, and do agree to the same, except the second article:
Therefore, be it enacted by the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that the said articles, except the second, shall be, and hereby are, ratified by the Legislature of this state.
State of New-York,In Assembly, February 22, 1790,
This bill having been read the third time:Resolved, That the bill do pass.
By order of the Assembly,
GULIAN VERPLANK,Speaker.
State New York,
In Senate, February 24, 1790.
This bill having been read a third time:Resolved, That the bill do pass.
By order of the Senate,
ISAAC ROOSEVELT,
President, pro hac vice.
Council of Revision,
February 27, 1790.
Resolved, That it does not appear improper to the council, that this bill, entitled "An act ratifying certain articles in addition to, and amendment of, the constitution of the United States of America, proposed by the Congress," should become a law of this state.
GEORGE CLINTON.
All which we have caused to be exemplified by these presents. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said state to be hereunto affixed, Witness our trusty and well-beloved George Clinton, Esq. Governor of our said state, general and commander in chief of all the militia, and admiral of the navy of the same, at our city of New York, the twenty-seventh day of March, in the year one thousand seven hundred and ninety, and in the fourteenth year of our independence.
GEORGE CLINTON.
Passed the Secretary's office, the 27th March, 1790.
LEWIS A. SCOTT,Secretary.
I hereby certify, that the foregoing is a true copy of the exemplification of a certain act transmitted to the President of the United States, by the Governor of the state of New York.
TOBIAS LEAR,
Secretary to the President of the United States.
United States, April 5, 1790.
The Senate adjourned until 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 6, 1790.
The Senate assembled: present as yesterday.
Mr. Few reported, from the committee appointed on the 30th March, to take into consideration the bill, entitled "An act for regulating the military establishment of the United States."
On motion that the consideration of the report be postponed:
It passed in the affirmative.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 7, 1790.
The Senate assembled: present as yesterday.
Ordered, That Messrs. Ellsworth, Johnston, and Strong, be a committee to bring in a bill for the government of the territory of the United States, south of the river Ohio.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act further to suspend part of an arc, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;" in which they request the concurrence of the Senate.
Ordered, That this bill have the first reading at this time.
Ordered, That to-morrow be assigned for the second reading of this bill.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 8, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded in the second reading of the bill, entitled "An act further to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States."
Ordered, That this bill be committed to Messrs. Langdon, Ellsworth, and Dalton.
A message from the House of Representatives:
Mr. President: The Speaker having signed an enrolled bill, I am directed to bring it to the Senate.
The Vice President affixed his signature to the bill, entitled "An act to promote the progress of useful arts," and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, APRIL 9, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate reported, from the Joint Committee on Enrolled Bills, that they did yesterday lay before the President of the United States, for his approbation, the bill, entitled "An act to promote the progress of useful arts."
Mr. Langdon reported, from the committee appointed on the 8th of April, on the bill, entitled "An act further to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;" which report was accepted as an amendment to the bill.
The Senate proceeded in the second reading of the last mentioned bill.
Ordered, That the rules be so far dispensed with, as that this bill have the third reading at this time.
Resolved, That this bill do pass with two amendments.
Ordered, That the Secretary do carry a message to the House of Representatives, and request their concurrence in the amendments to this bill.
Mr. Ellsworth reported, from the committee appointed April 7th, "A bill for the government of the territory of the United States south of the river Ohio."
Ordered, That this bill have the first reading at this time.
Ordered, That Monday next be assigned for the second reading of this bill.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 12, 1790.
The Senate assembled: present as on the 9th, and the honorable Richard Henry Lee, from the state of Virginia, attended.
The Senate proceeded to the second reading of the bill, "For the government of the territory of the United States south of the river Ohio;" and,
Ordered, That it be printed for the use of the Senate.
A message from the House of Representatives:
Mr. President: The House of Representatives do adhere to their disagreement to the amendment proposed by the Senate to the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases;"
They do concur in the bill, entitled "An act for the punishment of certain crimes against the United States," with sundry amendments, to which they request the concurrence of the Senate;
They also concur with the Senate in their amendments to the bill, entitled "An act further to suspend part of an act, entitled. 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States;"
I am directed to inform the Senate, that the President of the United States did, on the 10th of April, approve of, and affix his signature to, "An act to promote the progress of useful arts."
The Senate proceeded to consider the adherence of the House of Representatives to their amendment on the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases."
Ordered, That the farther consideration hereof be postponed until to-morrow.
The amendments of the House of Representatives to the bill, entitled "An act for the punishment of certain crimes against the United States," were read; and,
On motion,
Ordered, That they lie until to-morrow for consideration,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 13, 1790.
The Senate assembled: present as yesterday, and the honorable James Gunn, from the state of Georgia, attended.
Mr. Wingate reported, from the Joint Committee on Enrolled Bills, that they had examined the bill, entitled "An act further to suspend part of an act, entitled ' An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States, and to amend the said act," and had found it correct.
The Senate proceeded to consider the resolve of the House of Representatives, adhering to their disagreement to the amendment of the Senate, on the bill, entitled "An act to provide for the remission or mitigation of fines, forfeitures, and penalties, in certain cases," and,
Resolved, That the Senate do adhere to their amendment to the said bill.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act for the punishment of certain crimes against the United States," and,
On motion,
The farther consideration thereof was postponed until to-morrow.
A message from the House of Representatives:
Mr. President: The Speaker having signed an enrolled bill, I am directed to bring it to the Senate.
The Vice President affixed his signature to the enrolled bill, entitled "An act further to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States, and to amend the said act;"
And it was delivered to the Committee on Enrolled Bills, to lay before the President of the United States, for his approbation.
The Senate proceeded in the second reading of the bill, "For the government of the territory of the United States, south of the river Ohio."
Ordered, That this bill have the third reading to-morrow.
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The Senate resumed the second reading of the bill, entitled "An act for regulating the military establishment of the United States;"
On motion to postpone the further consideration thereof.
It passed in the affirmative.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY APRIL 14, 1790.
The Senate assembled: present as yesterday, except Mr. Bassett, absent with leave.
Mr. Wingate reported, from the Joint Committee on Enrolled Bills, that they hart this day laid before the President of the United States, for his approbation, the bill, entitled "An act further to suspend part of an act, entitled 'An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States, and to amend the said, act."
The Senate proceeded to the third reading of the bill "For the government of the territory of the United States south of the river Ohio,"
Resolved, That this bill do pass; that the title of it be "An act for the government of the territory of the United States south of the river Ohio;" that it be engrossed, and carried to the House of Representatives for concurrence therein.
The Senate resumed the consideration of the amendments to the bill, entitled "An act for the punishment of certain crimes against the United States;" whereupon,
Resolved, That they do agree to the amendments proposed in the 1st, 3d, 8th, 9th, 10th, 11th, 12th, 14th, 16th, 17th, 18th, 23d, 25th, and 27th, sections; tot he proposed amendments in section 19, line 1; section 20, line 1; section 26, lines 9 and 10; and in the additional clause proposed to the bill;
That they do disagree to the amendments in section 19, line 2; section 20, line 3; section 26, line 2; and that they do agree to the amendments in section 28, with an amendment.
Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 15, 1790.
The Senate assembled: present as yesterday.
The Senate resumed the second reading of the bill, entitled "An act to regulate the military establishment of the United States;" and, after progress, the farther consideration thereof was postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, APRIL 16, 1790.
The Senate assembled: present as yesterday, and Mr. Morris, from the state of Pennsylvania, attended.
The Senate proceeded in the second reading of the bill, entitled "An act for regulating the military establishment of the United State,"
On motion that the bill be re-committed:
It passed in the affirmative.
The Senate adjourned until 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 19, 1790.
The Senate assembled: present as On the 16th.
A message from the House of Representatives:
Mr. President: The House of Representatives have receded from such of their amendments to the bill, entitled "An act for the punishment of certain crimes against the United States," as were disagreed to by the Senate; and do concur with the Senate in the amendment to their amendment on the said bill;
The President of the United States did, on the 15th instant, approve of, and affix his signature, "An act further to suspend part of as act, entitled, An act to regulate the collection of the duties imposed by law on the tonnage of ships of vessels, and on goods, wares, and merchandises, imported into the United States, and to amend the said act."
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 20, 1790.
The Senate assembled: present as yesterday.
Mr. Few reported, from the committee appointed March the 30th, to take under consideration the bill, entitled "An act for regulating the military establishment of the United States;" which report being considered, was adopted as amendments to the bill.
Ordered, That this bill have the third reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 21, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act for regulating the military establishment of the United States."
Resolved, That this bill do pass with amendments.
Ordered, That a message be sent to the House of Representatives, requesting their concurrence in the amendments.
A message from the House of Representatives:
Mr. President: The House of Representatives have passed a bill, entitled "An act for the relief of a certain description of officers therein mentioned," in which they request the concurrence of the Senate.
The Senate proceeded to the first reading of the bill, entitled "An act for the relief of a certain description of officers therein mentioned."
Ordered, That this bill have the second reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 22, 1790,
The Senate assembled: present as yesterday.
Mr. Wingate reported, from the Joint Committee on Enrolled Bills, that they had examined the bill, entitled "An act for the punishment of certain comes against the United States," and had found it correct.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act for the relief of a certain description of officers therein mentioned."
Ordered, That this bill be committed to Messrs. Schuyler, Hawkins, and Ellsworth.
A message from the House of Representatives:
Mr. President: The Speaker having signed an enrolled bill. I am directed to bring it to the Senate.
The Vice President affixed his signature to the bill, entitled "An act for the punishment of certain crimes against the United States;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, APRIL 23, 1790.
The Senate assembled: present as yesterday.
Mr. Strong, from the committee appointed January 19, reported a bill "to continue in force an act, passed at the last session of Congress, 'to regulate processes in the courts of the United States;" which was read the first time.
Ordered, That this bill have the second reading on Monday next.
A message from the House of Representatives:
Mr. President: The House of Representatives agree to the amendments of the Senate, to the bill, entitled "An act for regulating the military establishment of the United States." with an amendment to the 8th amendment of the 5th section, by insetting the words "twenty-four," instead of "eighteen," proposed by the Senate to be inserted.
The Senate proceeded to consider the above message from the House of Representatives; and,
Resolved, That they do recede from their amendment to the bill, entitled "An act for regulating the military establishment of the United States," so far as to concur with the House of Representatives in their amendment to the amendment.
Ordered, That a message be carried to the House of Representatives accordingly.
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Mr. Schuyler reported, from the committee appointed yesterday, to take into consideration the bill, entitled "An act For the relief of a certain description of officers therein mentioned:"
And, On the question, "Shall this bill have a third reading?"
It passed in the negative.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, APRIL 26, 1790.
The Senate assembled: present as on the 23d April, and the lion John Walker, from the state of Virginia, produced his credentials, and took his seat in Senate.
The Vice President administered the oath, required by law, to Mr. Walker.
The petition of Messrs. Bertier and Co. merchants of the city of Philadelphia, was read, stating, that certain goods consigned to them on board of the ship Van Staphorst, captain Atkinson, were seized by one of the inspectors of the port of Baltimore. in consequence of a mistake committed by the mate of the said ship, although without any intention of fraud; and praying that Congress would make such provision for their relief, in an act said to be under the consideration of Congress, as in their wisdom shall seem just.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, "To continue in force an act, passed at the last session of Congress, entitled 'An act to regulate processes in the courts of the United States."
Ordered, That this bill have the third reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, APRIL 27, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded. to the third reading of the bill, "To continue in force an act, passed at the last session of Congress, entitled "An act to regulate processes in the courts of the United States;" and,
Resolved, That this bill do pass; that the title of it be, "An act to continue in force an act, passed at the last session of Congress, entitled 'An act to regulate processes in the courts of the United States;" that the bill be engrossed, and carried to the House of Representatives for concurrence therein.
On motion,
Ordered, That Mr. Lee be added to the committee, appointed 11th February, "to report a plan for the regulation of the trade of the United States, with the countries and settlements of the European powers in America," and to whom also was referred the petition of the merchants of New Hampshire.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, APRIL 28, 1790.
The Senate assembled: present as yesterday.
On motion,
Ordered, That Messrs. Carroll, Ellsworth, Morris, Izard, and Butler, be a committee to consider what provisions will be proper for Congress to make, in the present session, respecting the state of Rhode-Island.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to bring to the Senate, an enrolled bill, which has been signed by the Speaker of the House of Representatives. And he withdrew.
The Vice President affixed his signature to the enrolled bill; entitled "An act for regulating the military establishment of the United States;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The Senate proceeded to consider the executive business before them; after which,
They adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, APRIL 29, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate reported, from the Committee on Enrolled Bills, that they had this day laid before the President of the United States, for his approbation, the enrolled bill, entitled "An act for the punishment of certain crimes against the United States;" together
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with the enrolled bill, entitled "An act for regulating the military establishment of the United States."
Mr. Ellsworth, from the committee appointed 15th January, to bring in a bill in addition to an act to establish the judicial courts of the United States, and to whom was referred the petition of the merchants of New Hampshire, reported a bill "for giving effect to the acts therein mentioned, in respect to the state of North Carolina, and to amend the said act."
Ordered, That this bill be now read the first time.
Ordered, That this bill be read the second time to-morrow.
On motion "That the doors of the Senate chamber shall be open when the Senate is sitting in their legislative capacity, to the end, that such of the citizens of the united States as may chuse to hear the debates of this House, may have an opportunity of so doing:"
A motion was made, that the consideration hereof be postponed until to-morrow; and,
It passed in the affirmative.
Ordered, That Mr Strong be added to the committee appointed the 28th April, "to consider what provisions will be proper for Congress to make, in the present session, respecting the state of Rhode Island," instead of Mr. Butler, excused at his own desire, his colleague being on the committee.
The Senate proceeded in the executive business before them; after which,
They adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, APRIL 30, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill "for giving effect to the acts therein mentioned, in respect to the state of North Carolina and to amend the said act."
Ordered, That this bill have the third reading on Monday next.
A message from the President of the United States, by Mr. Nelson:
Mr. President: The President of the United States has this day approved of, and affixed his signature to, the act, entitled "An act for the punishment of certain crimes against the United States. And he withdrew.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a hill, entitled "An act supplemental to the act for establishing the salaries of the executive Officers of government, with their assistants and clerks;
A bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, books, and other writings, to the authors and proprietors of such copies, during the times therein mentioned;"
A bill, entitled "An act providing the means of intercourse between the United States and foreign nations;" and,
A bill, entitled " An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned;" to which they request the concurrence of the Senate;
The House of Representatives have also concurred in the bill, entitled "An act to continue in force an act passed at the last session of Congress, entitled 'An act to regulate processes in the courts of the United States;" and the bill, entitled " An act for the government of the territory of the United States south of the river Ohio," with amendments; to which amendments they request the concurrence of the Senate;
I am further directed to inform the Senate, that the House of Representatives have appointed Messrs. Sherman, Smith, of South Carolina, and Vining, a committee, to confer with any committee to be appointed by the Senate, to consider and report whether any, and what, further regulations are necessary for conducting the business between the two Houses;to which they request the concurrence of the Senate. And he withdrew.
The bill entitled "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks," was read the first time.
Ordered, That this bill have the second reading on Monday next.
The bill, entitled An act for the encouragement of learning, by securing the copies of maps, charts, books, and other writings, to the author, and proprietors of such copies, during the times therein mentioned," was read the first time.
Ordered, That this bill have the second reading on Monday next.
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The bill, entitled "An act providing the means of intercourse between the United States and foreign nations," was read the first time.
Ordered, That this bill have the second reading on Monday next.
The bill, entitled "An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned," was read the first time.
Ordered, That this bill have the second reading on Monday next.
The Senate proceeded, agreeably to the order of the day, to consider the motion made yesterday, to wit: "That the doors of the Senate chamber shall be open when the Senate is sitting in their legislative capacity, to the end, that such of the citizens of the United States as may chuse to hear the debates of this House, may have an opportunity of so doing;" and the question being taken,
It passed in the negative.
The Senate proceeded to consider the resolve of the House of Representatives, appointing a committee on their part, "to confer with any committee appointed by the Senate, to consider and report whether any, and what, further regulations are necessary for conducting the business between the two Houses;" and
Resolved, That the Senate concur therein, and that Messrs. Lee, Izard, and Strong, be the committee on the part of the Senate.
Ordered, That the Secretary do acquaint the House of Representatives herewith.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MAY 3, 1790.
The Senate assembled: present as on the 30th April,
The order of the day being called for, the Senate proceeded to the Second reading of the bill, entitled "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks."
Ordered, That this bill be committed to Messrs. Few, Izard, and Ellsworth, to consider and report what is proper to be done thereon.
The Senate proceeded to the second reading of the bill, entitled "An act providing the means of intercourse between the United States and foreign nations."
Ordered, That this bill be committed to Messrs. Strong, Ellsworth, Carroll, Maclay, and Few.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to allow compensation to John Ely, for his attendance as a physician and surgeon on the prisoners of the United States;" and a bill, entitled "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated, so as to take effect in every other state;" in which they request the concurrence of the Senate;
The House of Representatives have also appointed Messrs. Benson, Clymer, Huntington, Moore, and Carroll, a committee, to join with a committee to be appointed by the Senate, to consider and report their opinion on the question, "When, according to the constitution, the terms for which the President, Vice President, Senators, and Representatives, have been respectively chosen, shall be deemed to have commenced," and, also, to consider of, and report, their opinion on such other matters as they shall conceive have relation to this question; and request the concurrence of the Senate in the appointment of a committee on their part;
I am directed to acquaint the Senate, that the president of the United States did, on the 30th of April, approve of, and affix his signature to, the act, entitled "An act for regulating the military establishment of the United States." And he withdrew.
The Senate proceeded to the consideration of the resolve of the House of Representatives, appointing a committee to confer on the question recited in their message of this day.
Resolved, That the Senate do concur therein, and that Messrs. Ellsworth, King, and Morris, be appointed, to confer on the part of the Senate.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The Senate proceeded to the third reading of the bill, "for giving effect to the sat therein mentioned, in respect to the state of North Carolina, and to amend the said act."
Resolved, this bill do pass; that the title of it be, "An act for giving effect to the act therein mentioned, in respect to the state of North Carolina, and to amend the said act;" that it be engrossed, and carried to the House of Representatives for concurrence therein.
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The Senate proceeded to the first reading of the bill, entitled "An act to prescribe the mode in which the public acts, records, and judicial proceeding, in each state shall be authenticated, so as to take effect in every other state."
Ordered, That this bill be read a second time to-morrow.
The Senate proceeded to the, first reading of the bill, entitled "An act to allow compensation to John Ely, for his attendance as a physician and surgeon on the prisoners of the United States."
Ordered, That this bill have the. second reading to-morrow.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue lawn, in certain cases therein mentioned;" and; after progress,
The Senate adjourned to 11. o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MAY 4, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate resumed the consideration of the amendments to the bill, entitled "An act for the government of the territory of the United Stiles south of the river Ohio."
Resolved, That the Senate do not agree to the proposed amendments.
Ordered, That a message he sent to the House of Representatives, to acquaint them therewith.
The Senate proceeded to the third reading of the bill, entitled " An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain eases therein mentioned."
Resolved, That they concur therein, with amendments.
Ordered, That the Secretary acquaint the House of Representatives therewith, and request their concurrence in the amendments.
The Senate proceeded to the second reading of the bill, entitled " An act to allow compensation to John Ely, for his attendance as a physician and Surgeon on the prisoners of the United States."
Ordered, That it be committed to Messrs. Maclay, Wingate, and Elmer.
The Senate proceeded to the second reading of the hill, entitled " An act to prescribe the mode in which the public records and judicial proceedings in each state shall be authenticated, so as to take effect in every other state."
Ordered, That this bill have the third reading to-morrow.
The Senate resumed the second reading of the bill, entitled " An act providing for holding a treaty or treaties, to establish peace with certain Indian tribes."
Ordered, That the consideration hereof be further postponed.
The Senate proceeded to the second reading of the bill, entitled " An act for the encouragement of learning, by securing the copies of maps charts, books, and other writings, to the authors and proprietors of such copies, during the times therein mentioned."
Ordered, That it be committed to Messrs. Read, Paterson, and Johnson.
A message from the House of Representatives, by Mr. BeckIey, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to authorize the issuing of certificates to a certain description of invalid officers," in which they request the concurrence of the Senate. And he withdrew.
Ordered, That the bill last mentioned be now read the first time.
Ordered, That this bill have the second reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MAY 5, 1790.
The Senate assembled: present as yesterday,
And proceeded to the third reading of the bill, entitled "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state shall be authenticated, so as to take effect in every other state."
Resolved, That this bill do pass.
Ordered, That a message be sent to the House of Representatives, to acquaint them. of the concurrence of the Senate in the last mentioned bill.
The Senate proceeded to the second reading of the bill, entitled, "An act to authorize the issuing of certificates to a certain description of invalid officers."
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Ordered, That it be committed to Messrs. Schuyler, Hawkins, and Ellsworth.
Mr. Carroll reported, from the committee appointed the 28th of April, "to consider. what provisions will be proper for Congress to make, in the present session, respecting the state of Rhode-Island."
Ordered, That Monday next be assigned to take this report into consideration.
The following letter was read, which, with a volume of the work therein mentioned, was laid on the table, by, Mr. Morris.
To the honorable Senators of the United States, in Congress assembled.
Thomas Dobson begs leave to present, in succession, as they are published, the volumes of the American edition of the Encyclopedia, which he is now printing and publishing; and, at the same time, to solicit the patronage and encouragement of gentlemen, in an undertaking of such magnitude and utility.
Philadelphia, 1st May, 1790.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MAY 6, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives recede from their amendments to the bill, entitled " An act for the government of the territory of the United States south of the river Ohio," and agree to the amendments of the Senate to the bill, entitled "An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned." And he withdrew.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MAY 7, 1790.
The Senate assembled: present as yesterday, except Mr. Paterson, absent with leave.
Mr. Strong reported, from the committee appointed May the 3d, on the hill, entitled " An act providing the means of intercourse between the United States and foreign nations."
Ordered, That the consideration of the report be postponed until Monday next.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MAY 10, 1790.
The Senate assembled: present as on the 7th of May.
Mr. Wingate reported, from the Joint Committee on Enrolled Bills, that they had examined the enrolled hill, entitled "An act to prescribe the mode in with the public records and judicial proceedings in each state shall be authenticated, so as to take effect in every other state;" the enrolled bill, entitled" An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned;" the enrolled bill, entitled "An act to continue in three an act passed at the last session of Congress, entitled ' An act to regulate processes in the courts of the United States;" and the enrolled bill, entitled "An act for the government of the territory of the United States south of the river Ohio;" and had found them correct.
The Senate proceeded to consider the report of the committee appointed on the bill, entitled "An act providing the means of intercourse between the United States and foreign nations:" whereupon,
Ordered, That this bill be re.committed.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill sent from the Senate, entitled "An act for giving effect to the act therein mentioned, in respect to the state of North Carolina, and to amend the said act," with amendments; in which they desire the concurrence of the Senate;
I am directed to bring to the Senate several enrolled bills, which have been signed by the Speaker of the House of Representatives. And he withdrew.
Whereupon, the Vice President affixed his signature to the following enrolled bills, to wit: " An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state shall be authenticated, so as to take effect in every other state;" " An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned;" "An act to
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continue in force an act passed at the last session of Congress, entitled 'An act to regulate processes in the courts of the United States;" and "An act for the government of the territory of the United States south of the river Ohio;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
The Senate proceeded to consider the report of the committee appointed on the 28th of April, "To consider what provision will be proper for Congress to make, in the present session, respecting the state of Rhode Island;" and
Ordered, That the consideration hereof be postponed until to-morrow.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben," to which they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act giving effect to thee act therein mentioned, in respect to the state of North Carolina, and to amend the said act."
Ordered, That the further consideration hereof be postponed until to-morrow.
The bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben," was read the first time.
Ordered, That this bill have the second reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MAY 12, 1790.
The Senate assembled: present as yesterday.
Mr. Maclay reported, from the committee appointed the 4th of May, to consider the bill, entitled " An act to allow compensation to John Ely, for his attendance as a physician and surgeon on the prisoners of the United States:" whereupon,
Resolved, That the bill do not have the third reading.
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A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have proceeded to reconsider such of their amendments to the bill sent from the Senate, entitled "An act for giving effect to the act therein mentioned. in respect to the state of North Carolina, and to amend the said act," as were disagreed to by the Senate, and have
Resolved, That a conference be desired with the Senate, on the subject matter of the said amendments; and that Messrs. White, Steele, Foster, Livermore, and Williamson, be appointed managers at the same, on the part of the House of Representatives.
The Senate proceeded to consider the last recited message; and
Resolved, That they concur in the proposed conference; and that Messrs. Johnston, Langdon, Hawkins, King, and Butler, be managers thereof, on the part of the Senate.
Ordered, That a message be sent to the House of Representatives. accordingly.
Mr. Read reported, from the committee appointed May the 4th, on the bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, books, and other writings, to the authors and proprietors of such copies, during the times therein mentioned;" the consideration of which report was postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MAY 13, 1790.
The Senate assembled: present as yesterday.
The Senate proceeded to consider the report of the committee on the bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, books, and other writings, to the authors and proprietors of such copies, during the times therein mentioned." which report was agreed to as amendments to the bill.
Ordered, That to-morrow be assigned for the third reading of this bill.
Mr. Morris, from the committee appointed the 28th of April, "To consider what provisions will be proper for Congress to make, in the present session, respecting the state of Rhode Island," reported a bill on that subject, which was read the first time.
Ordered, That this bill have the second reading to-morrow.
Mr. Ellsworth reported, from the committee appointed May the 3d, "To consider and report their opinion on the question, when, according to the constitution, the terms for which the President, Vice President, Senators, and Representatives, have been respectively chosen, shall be deemed to have commenced; and, also, to consider of, and report their opinion on, such other matters as they shall conceive have relation to this question."
Ordered, That this report lie for consideration.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MAY 14, 1790.
The Senate assembled: present as yesterday, and Mr. Bassett, from the state of Delaware, attended.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, books, and other writings, to the authors and proprietors of such copies, during the times therein mentioned."
Resolved, That this bill do pass, with amendments.
Ordered, That a message be sent to the House of Representatives, to request their concurrence in the amendments.
The Senate proceeded to consider the report of the joint committee, appointed the 28th of April, which is as follows:
The committee of Senate, to join with a committee appointed by the House of Representatives, to consider and report their opinion on the question, when, according to the constitution, the terms for which the President, Vice President, Senators, and Representatives, have been respectively chosen, shall be deemed to have commenced; and, also, to consider of, and report their opinion on, such other matters as they should conceive to have relation to this question, report, as the opinion of the said joint committee:
That the terms for which the President, Vice President, Senators, and Representatives, of the United States, were respectively chosen, did, according to the constitution, commence on the 4th day of March, 1789; and so the Senators of the first class, and the Representatives, will not, according to the constitution, be entitled, by virtue of the same election by which they hold seats in he present Congress, to seats in the next Congress, which will be assembled after the 3d day of March, 1791; and further,
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that, whenever a vacancy shall happen in the Senate or House of Representatives, and an election to fill such vacancy, the person elected will not, according to the constitution, be entitled, by virtue of such election, to hold a seat beyond the time for which the Senator or Representative in whose stead such person shall have been elected, would, if the vacancy had not happened, have been entitled to hold a seat.
That it will be advisable for the Congress to pass a law or laws for determining. agreeable to the provision in the first section of the second article of the constitution, the time when the electors shall, in the year which will terminate on the 3d day of March, 1793, and so in every fourth year thereafter, be chosen and the day on which they shall give their votes; for declaring what officer shall, in case of vacancy, both in the office of President and Vice President, act as President; for assigning a public office where the lists, mentioned in the second paragraph of the first section of the second article of the constitution, shall, in case of vacancy in the office of President of the Senate, or his absence from the seat of government, be, in the mean time, deposited; and for directing the mode in which such lists shall be transmitted: whereupon,
Resolved, That the Senate do agree to this report.
Ordered, That a message be sent to the House of Representatives, to acquaint them herewith.
The Senate proceeded to the second reading of the bill "To prevent bringing goods, wares, and merchandises. from the state of Rhode Island and Providence Plantations into the United States, and to authorize a demand of money from the said state."
And, on the question, to assign a time for the third reading of this bill, the yeas and nays being required by one-fifth of the Senators present;
Yeas.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Johnson, Johnston, Izard, King, Langdon, Morris, Read, Schuyler, and Strong.--13.
Nays.--Messrs. Butler, Elmer, Gunn, Henry, Maclay, Walker, and Wingate.--7.
So it was
Ordered, That this bill have the third reading on Monday next.
The Senate adjourned until Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MAY 17, 1790.
The Senate assembled: present as on the 14th.
The Senate proceeded to the third reading of the bill, " To prevent bringing goods, wares, and merchandises, from the state of Rhode Island and Providence Plantations into the United States, and to authorize a demand of money from the said state;" and,
On motion,
Ordered, That this bill be recommitted.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MAY 18, 1790.
The Senate assembled; present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to all the amendments proposed by the Senate to the bill, entitled " An act For the encouragement of learning, by securing the copies of maps, charts, books, and other writings, to the authors and proprietors of such copies, during the times therein mentioned;"
They do recede from their first amendment to the bill, entitled "An act for giving effect to the act therein mentioned, in respect to the state of North Carolina, and to amend the said act;" and in lieu thereof propose to strike out, in the last line of the third section, the words, "and Hillsborough alternately, beginning at the first." But they do insist on their second amendment to the said bill.
He also communicated the following resolves of the House of Representatives, in which the concurrence of the Senate was requested. And he withdrew.
Congress Of The United States,
In the House of Representatives,
May 17, 1790.
Resolved, That the President of the United States be requested to cause to be forthwith transmitted to the executives of the states of Virginia, North Carolina, and South Carolina, a complete list of tire officers, non-commissioned officers, and privates, of the
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lines of those states respectively, who are entitled to, receive arrears of pay due for services in the years 1782 and 1783, annexing the particular sum that is due to each individual; with a request to the executives of the said states, to make known to the claimants, in the most effectual manner, that the said arrears are ready to be discharged on proper application.
Resolved, That the President of the United States be requested to cause the Secretary of the Treasury to take the necessary steps for paying, within the said states respectively, the money appropriated by Congress, on the twenty-ninth day of September, 1789, for the discharging the arrears of pay due to the troops of the lines of the said states respectively.
Resolved, That the Secretary of the Treasury, in cases where the payment has not been made to the original claimant in person, or to his representative, be directed to take order for making the payment to the original claimant, or to such person or persons only as shall produce a power of attorney, duly attested by two justices of the peace of the county in which such person or persons reside, authorising him or them to receive a certain specified sum.
Mr. Carroll, from the committee appointed April the 28th, "To consider what provisions will be proper for Congress to make, in the present session, respecting the state of Rhode-Island," and to whom it was referred, to bring in a bill on that subject, reported several additional clauses to the bill "To prevent bringing goods, wares, and merchandises, from the state of Rhode-Island and Providence Plantations into the United States, and to authorise a demand of money from the said state;" which report was agreed to as amendments to the bill.
The Senate proceeded to the third reading of the bill "To prevent bringing goods, wares, and merchandises, froth the state of Rhode-Island and Providence Plantations into the United States, and to authorise a demand of money from the said state,"
And, on the question, "Shall this bill pass?" the yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Johnson, Johnston, Izard, King, Langdon, Morris, Read, Schuyler, and Strong.--13.
Nays.--Messrs. Butler, Elmer, Hawkins, Henry, Lee, Maclay, Walker, and Wingate.--8
So it was
Resolved, That this bill do pass; that the title of it he "An act to prevent bringing goods, wares, and merchandises, from the state of Rhode-Island and Providence Plantations into the United States, and to authorise a demand of money from the said state;" that it be engrossed, and carried to the House of Representatives for concurrence therein.
Mr. Johnston reported, from the managers of the conference on the amendments proposed by the House of Representatives to the bill, entitled "An act for giving effect to the act therein mentioned, in respect to the state of North Carolina; and to amend the said act," that it is proper the circuit courts in the district of North Carolina be held at Newborn only, and not at Newborn and Hillsborough alternately, as the bill now provides. And that the district court for New Hampshire be held at Portsmouth only, agreeably to the provision made in the hill, as it passed in the Senate.
And the report was agreed to.
The Senate proceeded to consider the message from the House of Representatives of this day, communicating their resolve of the 17th of May, on their amendments to the bill, entitled "An act for giving effect to the act therein mentioned, in respect, to the state of North Carolina, and to amend the said act:" whereupon,
Resolved, That the Senate do agree to the first amendment of the House of Representatives on the said bill, by striking out these words, section 3d, line 8th, after the word Newbern, "and Hillsborough alternately, beginning at the first;"
Resolved, That the Senate do adhere to their disagreement to the second amendment of the House of Representatives, in which they propose to strike out the last section of the bill.
Ordered, That a message be carried to the House of Representatives accordingly.
The Senate proceeded to consider the resolve of the House of Representatives of the 17th of May, "respecting certain arrearages or pay due to the non-commissioned officers and soldiers of the late Virginia, North Carolina, and South Carolina, lines of the army."
Ordered, That the further consideration hereof be postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MAY 19, 1790.
The Senate assembled: present as yesterday.
Proceeded to the consideration of the resolve of the House of Representatives of the 17th of May," respecting certain arrearages of pay due to the non-commissioned officers and soldiers of the late Virginia, North Carolina, and South Carolina, lines of the army."
Ordered, That the resolve be committed to Messrs. Ellsworth, Lee, Johnston, Izard, and King.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to the report of the joint committee appointed to consider and report their opinion on the question, when, according to the constitution, the terms for which the President, Vice President, Senators, and Representatives, have been respectively chosen, shall be deemed to have commenced; and have appointed a committee to report a bill pursuant to the last paragraph of the said report. And he withdrew.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MAY 20, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives do adhere to their second amendment to the bill, entitled "An act for giving effect to the act therein mentioned, in respect to the state of North Carolina, and to amend the said act." And he withdrew.
Mr. Ellsworth reported. from the committee appointed the 19th of May, on the resolve of the House of Representatives," respecting certain arrearages of pay due to the non-commissioned officers and soldiers of the late Virginia, North Carolina, and South Carolina, lines of the army;" which being considered,
Ordered, That the further consideration hereof be postponed until to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, MAY 21, 1790.
The Senate assembled: present as yesterday.
Proceeded to the consideration of the report of the committee appointed the 19th of May, on the resolve of the House of Representatives, respecting certain arrearages of pay due to the non-commissioned officers and soldiers of the late Virginia, North-Carolina, and South Carolina, lines of the army," which was as follows:
In the first resolve, page 1st, line 7th, insert "and," before "North, Carolina," and expunge "and South Carolina."
Subjoin the following at the end of the last resolution: " Except where certificates or warrants have been issued under the authority of the United States for any of the said arrears of pay, and the same shall be produced by the claimant or claimants. Except also where powers of attorney, otherwise attested or expressed than as aforesaid, drawn before the passing of these resolutions, shall be presented, and no circumstances shall appear before, or within four months after, demand made, by virtue of them, of the commissioner or agent that shall be entrusted to pay out the moneys aforesaid, rendering it probable, in the opinion of such commissioner or agent, that the said powers of attorney are forged, or have been obtained by fraud."
On motion to adopt the report, so far as it respects the first resolution of the House of Representatives, and to agree to the resolution thus amended:
It passed in the affirmative.
On motion to agree to the second resolution of the House of Representatives:
It passed in the affirmative.
On motion to agree to the third resolution of the House of Representatives, subjoining the first exception reported by the committee, to wit: "Except where certificates or warrants have been issued under authority of the United States for any of the said arrears of pay, and the same shall be produced by the claimant or claimants;" the yeas and nays being required by one.fifth of the Senators present,
Yeas.--Messrs. Bassett, Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Read, Walker, and Wingate.--13.
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Nays.--Messrs. Dalton, Ellsworth, Johnson, Izard, King, Langdon, Morris, Schuyler, and Strong,--9.
So it passed in the affirmative.
On motion to strike out the word "four," before the word "months," in the second exception reported by the committee:
It passed in the affirmative.
On motion to agree to the second exception reported by the committee thus amended; the yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Johnson, Izard, King, Langdon, Morris, Read, Schuyler, and Strong.--11.
Nays.--Messrs. Bassett, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Walker, and Wingate.--11.
The numbers being equal, the question was, by the Vice President, determined in the negative.
Resolved, That the Senate concur in the resolutions of the House of Representatives, of the 17th of May, with the amendments agreed to.
Ordered, That the Secretary acquaint the House of Representatives herewith, and request their concurrence in the amendments.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MAY 24, 1790.
The Senate assembled: present as on the 21st.
Mr. Maclay, reported, from the committee appointed May the 11th, on the bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben:"
Ordered, That this report lie for consideration until to-morrow.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed-to all the amendments to the resolve "respecting certain arrearages of pay due to the non-commissioned officers and soldiers of the late Virginia, North Carolina, and South Carolina lines;"
The House of Representatives have passed a bill, entitled "An act for the relief of Thomas Jenkins and company;" a bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States, within the state of North Carolina;" to which they request the concurrence of the Senate. And he withdrew.
The bill, entitled "An act for the relief of Thomas Jenkins and company," was read the first time.
Ordered, That this bill have the second reading to-morrow.
The bill entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of North Carolina," was read the first time.
Ordered, That this bill have the second reading to-morrow.
The petition of John Calliorda and others, merchants of the state of North Carolina, was read, stating, "that, notwithstanding the duties upon certain merchandises, where the same was chargeable with duties under the impost law of Congress, were paid previously to the exportation of the said merchandise for the state of North Carolina, yet, upon the arrival of the same at the port of Wilmington, the duties laid by act of Assembly of said state, were exacted from your petitioners, in the same manner as before the impost law of the United States took place;" and praying relief.
Ordered, That this petition lie for consideration.
On motion that it be
Resolved, That Congress shall meet and hold their next session in the city of Philadelphia:
Ordered, That the consideration hereof be postponed until to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, MAY 25, 1790.
The Senate assembled: present as yesterday.
Mr. Strong, from the committee appointed May the 3d, on the bill, entitled "An act providing the means of intercourse between the United States and foreign nations,"
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reported, to strike out from the word "always," in the sixth line, to the word "also," in the 12th line, inclusive;
Which report was accepted as an amendment to the bill.
Ordered, That this bill be read the third time to-morrow.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill and an enrolled resolve, I am directed to bring them to the Senate, And he withdrew.
Mr. Wingate reported, from the Committee on Enrolled Bills, that they had, this day, laid before the President of the United States, for his approbation, an enrolled bill, entitled "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state shall be authenticated, so as to take effect in every other state;" an enrolled bill, entitled "An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned;" an enrolled bill, entitled "An act to continue in force an act, passed at the last session of Congress, entitled 'An act to regulate processes in the courts of the United States;" and an enrolled bill, entitled "An act for the government of the territory of the United States south of the river Ohio."
He farther reported, that they had examined the enrolled bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts. and books, to the authors and proprietors of such copies, during the times therein mentioned;" and the enrolled resolve "respecting certain arrearages of pay due to the non-commissioned officers and soldiers of the late Virginia and North Carolina lines;" and had found them correct.
The Senate proceeded to consider the report of the committee on the bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben," which is as follows:
In the second line, strike out from the word "order," inclusive, to the end of the bill, and insert "consideration of the eminent services of the Baron de Steuben, rendered to the United States during the late war, there be paid to him an annuity of one thousand dollars, to commence on the first day of January last, to be paid in quarterly payments at the Treasury of the United States;" and, after debate, the further consideration hereof was postponed until to-morrow.
The Vice President affixed his signature to the enrolled bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned;" and to an enrolled resolve "respecting certain arrearages of pay due to the non-commissioned officers and soldiers of the late Virginia and North Carolina lines;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MAY 26, 1790.
The Senate assembled: present as yesterday, and Mr. Paterson, from the state of New Jersey, attended.
The Senate proceeded to the third reading of the bill, entitled "An act providing the means of intercourse between the United States and foreign nations."
Resolved, That the Senate concur therein with an amendment.
Ordered, That the Secretary acquaint the House of Representatives herewith, and request their concurrence in the amendment.
A message from the President of the United States, by Mr. Lear, his Secretary:
Mr. President: The President of the United States has, this day, approved of, and affixed his signature to, "An act for the government of the territory of the United States south of the river Ohio;" and to "An act to continue in force an act, passed at the last session of Congress, entitled 'An act to regulate processes in the courts of the United States." And he withdrew.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The Senate proceeded to the consideration of the report of the committee on the bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben."
And, on the question to agree to the report of the committee, the yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Ellsworth, Elmer, Few, Hawkins, Johnston, Langdon, Strong, and Wingate.--8.
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Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Gunn, Henry, Johnson, Izard, King,Lee, Maclay, Morris, Paterson, Read, Schuyler, and Walker.--16.
So it passed in the negative.
On motion that the opinion of the Senate be taken, whether two thousand dollars, line 7th, shall stand in the bill; the yeas and nays being required by one fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Gunn, Henry, Izard, King, Lee, Morris, Read, Schuyler, and Walker.--12.
Nays.--Messrs. Dalton, Ellsworth, Elmer, Few, Hawkins, Johnson, Johnston, Langdon, Maclay, Paterson, Strong, and Wingate.--12.
The yeas and nays being equal, the Vice President determined the question in the affirmative.
On motion that these words. "the sum seven thousand dollars, in addition to the moneys already received by him, and also," be stricken out of the bill; the yeas and nays being required by one fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Elmer, Few, Hawkins, Johnson, Langdon, Maclay, Paterson, Strong, and Wingate.--12.
Nays.--Messrs. Bassett, Carroll, Gunn, Henry, Johnston, Izard, King, Lee, Morris, Read, Schuyler, and Walker.--12.
The numbers being equal, the Vice President determined the question in the negative.
Ordered, That to-morrow be assigned for the third reading of this bill.
The Senate proceeded to consider the motion made the 24th of May, to wit: That it be resolved, that Congress shall meet and hold their next session in the city of Philadelphia; and, after debate,
Ordered, That the further consideration hereof he postponed until Thursday, the 3d of June next.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MAY 27, 1790.
The Senate assembled: present as yesterday.
Proceeded to the second reading of the bill, entitled "An act for the relief of Thomas Jenkins and company."
Ordered, That this bill have the third reading to-morrow.
The Senate proceeded to the second reading of the bill, entitled, "An act for giving effect to an act, entitled, 'An act to establish the judicial courts of the United States within the state of North Carolina."
Ordered, That this bill have the third reading to-morrow.
The petition of John Frederic Amelung, of the state of Maryland, was read, stating the difficulties he labors under in establishing the glass manufacture, and soliciting "the aid of the government of the United States in this important undertaking."
Ordered, That this petition lie on the table.
The Senate proceeded to the third reading of the bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben."
On motion to strike out "two thousand dollars annuity," proposed in the bill, and dollars annuity, insert "one thousand dollars," in lieu thereof:
It passed in the negative.
On motion to strike our "seven thousand," line 6th:
It passed in the affirmative.
On motion to insert "five thousand," in lieu of "seven thousand:"
It passed in the negative.
On motion to insert "four thousand five hundred," in the place of "seven thousand:"
It passed in the negative
On motion to insert "four thousand," in the place of "seven thousand:"
It passed in the negative.
On motion to strike out these words, "the sum of -- dollars, in addition to the moneys already received by him, and also:"
It passed in the affirmative.
On motion to strike out, line 4th, "as well as for the commutation or half pay promised by the resolutions of Congress:"
It passed in the affirmative.
On motion to insert, line 7th, "five hundred," after the words "two thousand:"
The yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Gunn, Henry, Izard, King, Lee, Morris Read, Schuyler, and Walker.--12.
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Nays.--Messrs. Dalton, Ellsworth, Elmer, Few, Hawkins, Johnson, Johnston, Langdon, Maclay, Paterson, Strong, and Wingate.--12.
The yeas and nays being equal, the Vice President determine the que ion in he affirmative: whereupon,
Resolved, That this bill do pass with the amendments.
Ordered, That the Secretary acquaint the House of Representatives herewith, and request their concurrence in the amendments.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to inform the Senate, that the President of the United States did, on the 26th of May, approve of, and affix his signature to, "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state shall be authenticated, so as to take effect in every other state;" and "An act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein mentioned." And he withdrew.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY MAY 28, 1790.
The Senate assembled: present as yesterday.
Proceeded to the third reading of the bill, entitled "An act for the relief of Thomas Jenkins and company;" and,
On motion,
Ordered, That it be committed to Messrs. Dalton, Butler, and Langdon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives disagree to the amendment proposed by the Senate to the bill, entitled "An act providing the means of intercourse between the United States and foreign nations." And he withdrew.
Mr. Few, from the committee appointed May the 3d, on the bill, entitled "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks," reported: whereupon,
The Senate proceeded to the third reading of the bill.
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The Senate proceeded to the third reading of the bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of North Carolina."
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The motion made the 24th of May, to wit: That Congress shall meet and hold their next session in the city of Philadelphia, was withdrawn.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, on the 28th of April, lay before the President of the United States, the enrolled bill, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned? and the enrolled resolve "respecting certain arrearages of pay, due to the non-commissioned officers and soldiers of the late Virginia and North Carolina lines."
The Senate proceeded to consider the message from the House of Representatives of this day, and the amendment of the Senate disagreed to, on the bill, entitled "An act providing the means of intercourse between the United States and foreign nations" whereupon,
Resolved, That the Senate do insist on their amendment to the said bill.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, MAY 31, 1790.
The Senate assembled: present as on the 28th.
A message from the House of Representatives, by Mr. Beckley, their Clerk;
Mr. President: The House of Representatives have agreed to the amendments of the Senate, to the bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben."
They do insist on their disagreement to the amendment of the Senate, on the bill, entitled "An act providing the means of intercourse between the United States and foreign nations." And he withdrew.
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The Senate proceeded to the consideration of the message from the House of Representatives on the bill, entitled "An act providing the means of intercourse between the United States and foreign nation," and their amendment disagreed to by the House of Representatives: whereupon,
Resolved, That the Senate do still insist on their amendment, and request a conference with such committee as may be appointed by the House of Representatives, on the subject matter of disagreement; and that Messrs. King, Izard, and Read, be managers of the conference on the part of the Senate.
Ordered, That the Secretary acquaint the House of Representatives herewith, and request their concurrence in the appointment of a committee on their part.
Mr. Butler having moved for leave to bring in a bill to determine "the permanent seat of Congress, and the government of the United States," leave was accordingly given; and, the bill being presented,
Ordered, That this bill have the first reading at this time.
Ordered, That this bill have the second reading to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 1, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they bad examined the enrolled bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben;" the enrolled bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of North Carolina;" and the enrolled bill, entitled "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and had found them correct.
Mr. Dalton reported, from the committee appointed the 28th of May, on the bill, entitled "An act for the relief of Thomas Jenkins and company:" Whereupon,
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The Senate proceeded to the second reading of the bill to determine "the permanent seat of Congress, and the government of the United States;" and, after debate,
Ordered, That the further consideration hereof be postponed until to-morrow.
A written message from the President of the United States, by Mr. Lear, his Secretary, was read the follows:
Gentlemen of the Senate,
and House of Representatives:
Having received official information of the accession of the state of Rhode Island and Providence Plantations to the constitution of the United States, I take the earliest opportunity of communicating the same to you, with my congratulations On this happy event, which unites, under the general government, all the states which were originally confederated; and have directed my Secretary to lay before you a copy of the letter from the President of the Convention of the state of Rhode Island to the President of the United States.
G. WASHINGTON.
United States, June 1, 1790.
State of Rhode Island,
Newport, May 29, 1790.
Sir: I have the pleasing satisfaction of informing your Excellency, that the constitution of the United States of America was this day ratified and adopted by the convention of the people of this state, agreeable to the recommendation of the general convention, assembled at Philadelphia, and the consequent resolution of Congress thereon.
The lower House of the General Assembly of this state, at their session the former part of this month, passed a resolution, requesting his Excellency the Governor, in case the constitution should be adopted by the convention, to call the Assembly together by warrant, as soon after the adoption as might be, for the special purpose of electing the Senators, and taking measures for a representation of this state in Congress; I can therefore, assure your Excellency that, in the course of a few days, not to exceed sixteen, the Legislature will be assembled, either by special warrant, or pursuant to their adjournment on the second Monday of June, when, I have not the least doubt, the Senators will be immediately appointed, and the state represented in Congress agreeably to the constitution, as soon as the elections can be accomplished.
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The ratification of the constitution will be made out and forwarded, by way of the post-office, with all possible expedition.
Colonel William Barton, who was a member of the convention, will have the honor of delivering this letter.
With the highest sentiments of esteem and respect,
I have the honor of being your Excellency's
most obedient servant,
DANIEL OWEN,President.
The President of the United States.
A true copy.
TOBIAS LEAR,
Secretary to the President of the United States.
Ordered, That the message, and paper accompanying the same, be filed.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The President of the United States did, on the 31st of May, approve of, and affix his signature to, "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned;"
They have agreed to the conference proposed by the Senate, on the bill, entitled "An act providing the means of intercourse between the United States and foreign nations," and have appointed Messrs. Gerry, White, and Williamson, managers thereof of on their part.
He also communicated the following resolve of the House of Representatives. And he withdrew.
"Congress of the United States.
"In the House of Representatives,
"Monday, the 31st of May, 1790.
"Resolved, That Congress shall meet and hold their next session at the city of Philadelphia."
Ordered, That the consideration of the last recited resolve, be postponed until tomorrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 2, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to bring to the Senate several enrolled bills, which have been signed by the Speaker of the House of Representatives.
He also communicated the following resolve of the House of Representatives. And he withdrew.
"Congress Of The United States.
"In the House of Representatives,
"Tuesday, the 1st of June, 1790.
"Resolved, That all treaties made, or which shall be made and promulged under the authority of the United States, shall, from time to time, be published and annexed to their code of laws, by the Secretary of State."
The Senate proceeded to the second reading of the bill, to determine "the permanent seat of Congress, and the government of the United States."
Ordered, That this bill be committed to Messrs. Butler, Johnston, Henry, Lee, and Dalton.
On motion,
Ordered, That the resolve of the House of Representatives of the 31st of May, to wit: "That Congress shall meet and hold their next session at the city of Philadelphia," be referred to the same committee.
The Senate proceeded to consider the resolve of the House of Representatives of Jane the first, providing that "all treaties made, or which shall be made and promulged under the authority of the United States, shall, from time to time, be published and annexed to their code of laws, by the Secretary of State;" and,
Resolved, That the Senate concur in this resolution.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence.
A message from the House of Representatives, by Mr. Beckley their Clerk
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Mr. President: The House of Representatives have passed a bill, entitled "An act making provision for the debt of the United States;" in which they request the concurrence of the Senate. And he withdrew.
Ordered, That the bill, entitled "An act making provision for the debt of the United States," have the first reading at this time.
Ordered, That this bill pass to the second reading.
The Vice President affixed his signature to the enrolled bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben;" to an enrolled bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts. of the United States within the state of North Carolina;" and, to an enrolled bill, entitled "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
Resolved, That the Senate will attend the funeral of Col. Bland, late a member of the House of Representatives of the United States, at 5 o'clock this afternoon.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 3, 1790.
The Senate assembled: present as yesterday
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, this day, lay before the President of the United States, the enrolled bill, entitled "An act for finally adjusting and satisfying the claims of Frederick William de Steuben;" the enrolled bill, entitled "An act for giving effect to an act entitled 'An act to establish the judicial courts of the United States within the state of North Carolina;" and the enrolled bill, entitled "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks."
He further reported, that the committee had examined an enrolled bill, entitled "An act for the relief of Thomas Jenkins and company," and had found it correct.
The Senate proceeded to the second reading of the bill, entitled "An act making provision for the debt of the United States."
Ordered, That the further consideration hereof be postponed until Monday next.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 4, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill entitled "An act to satisfy the claims of John M'Cord against the United States;" and a bill, entitled "An act for giving effect to the several acts therein mentioned, in respect to the state of Rhode Island and Providence Plantations;" in which they desire the concurrence of the Senate;
The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate. And he withdrew.
The Senate proceeded to the first reading of the bill, entitled "An act to satisfy the claims of John M'Cord against the United States."
Ordered, That this bill pass to the second reading.
The Senate proceeded to the first reading of the bill, entitled "An act for giving effect to the several acts thereto mentioned, in respect to the state of Rhode Island and Providence Plantations."
Ordered, That this bill pass to the second reading.
The Vice President affixed his signature to the enrolled bill, entitled "An act for the relief of Thomas Jenkins and company;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States.
On motion to appoint an additional member to the committee on the bill to determine "the permanent seat of Congress, and the government of the United States," Mr. Johnston being detained by sickness:
It passed in the negative.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 7, 1790.
The Senate assembled: present as on the 4th of June.
Agreeably to the order of the day, proceeded to the second reading of the bill, entitled "An act to satisfy the claims of John M'Cord against the United States,"
Ordered, That this bill, together with the papers accompanying the same, be committed to Messrs. Morris, Maclay, and Elmer.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act for giving effect to the several acts therein mentioned, in respect to the state of Rhode Island and Providence Plantations."
Ordered, That this bill pass to the third reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to inform the Senate, that the President of the United States did, on the 4th of June, 1790, approve of, and affix his signature to, "An act for finally adjusting and satisfying the claims of Frederick William de Steuben;" to "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the State of North Carolina;" and to "An act supplemental to the act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and that he did, on the 7th of June, approve of, and affix his signature to, the resolve "respecting certain arrearages of pay due to the noncommissioned officers and soldiers of the late Virginia and North Carolina lines." And he withdrew.
Mr. Butler reported, from the committee appointed June the 2d, on the bill to determine the permanent seat of Congress, and the government of the United States."
Ordered, That the report be postponed until to-morrow for consideration.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act making provision for the debt of the United States;" and, after progress,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 8, 1790.
The Senate assembled: present as yesterday.
Mr. Lee, from the joint committee appointed the 30th of May, "to consider and report whether any, and what, further regulations are necessary for conducting the business between the two Houses," reported.
Ordered, That the report lie for consideration.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations;" in which they request the concurrence of the Senate.
He also communicated the following resolve of the House of Representatives; in which the concurrence of the Senate was desired. And he withdrew.
"In the House of Representatives of the United States,
"Tuesday, the 8th of June, 1790.
"On motion,
"Resolved, That a committee be annointed, to join with a committee of the Senate, to be appointed for the purpose, to consider of, and report, when it will be convenient and proper that an adjournment of the present session of Congress should take place; and to consider and report such business now before Congress necessary to be finished before the adjournment, and such as may be conveniently postponed; and, also, to consider and report such matters not now before Congress, but which it will be necessary should be considered and determined by Congress before an adjournment?"
"And a committee was appointed of Messrs. Wadsworth, Carroll, and Hartley."
The last recited resolve of the House of Representatives was read.
On motion that the consideration of the "bill to determine the permanent seat of Congress, and the government of the United States," be postponed, in order to take up the resolution from the House of Representatives, for declaring the place where the next session of Congress shall be held;
A motion was made to postpone this motion until to-morrow; and,
It passed in the negative.
Whereupon, the Senate proceeded to the consideration of the resolve of the House of Representatives, to wit: "That Congress shall meet, and hold their next session, at the city of Philadelphia;"
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And, on motion to concur therein, the yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Elmer, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--11.
Nays.--Messrs. Butler, Dalton, Ellsworth, Few, Gunn, Hawkins, Johnson, Johnston, Izard, King, Paterson, Schuyler, and Strong.--13.
So it was
Resolved, That the Senate do not concur in the resolution proposed by the House of Representatives.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The Senate resumed the consideration of the report of the committee on the bill to determine "the permanent seat of Congress, and the government of the United States," which is as follows:
1st. That, in their opinion, taking a combination of circumstances into consideration, the present session is a proper time for fixing on the permanent residence of Congress, and the government of the United States; and, after due consideration, recommend that it be placed on the eastern or north-eastern bank of the Potomac.
Your committee further recommend, that such sums of money as may be offered by the states, for the carrying this bill into effect, may be accepted of; then the bill will read thus: "And to accept of grants of money or land." Your committee were of opinion, that Congress can best determine the time to be allowed for completing the buildings.
With respect to the temporary residence of Congress, your committee, after weighing all circumstances, consider the ground of choice to be so narrowed as to be fully in the view of the Senate:
Your committee recommend, that the Senate should agree with all the other parts of the bill.
Whereupon, a motion was made, that the opinion of the Senate be taken, whether it be expedient, at this time, to determine upon any plane for the permanent seat of government of the United States.
The yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Few, Gunn, Hawkins, Johnson, Johnston, Izard, King, Paterson, Schuyler, and Strong.--12.
Nays.--Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--2.
The number of votes being equal, the question was, by the Vice President, determined in the negative.
On motion,
Ordered, That the consideration of the bill. to determine "the permanent seat of Congress, and the government of the United States," be resumed; the report of the committee being rejected.
On motion to fill up the blank in the first paragraph of the bill with these works, "the easterly bank of the Potomac;" the yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Few, Gunn, Hawkins, Johnson, Johnston, Izard, King, and Schuyler.--9.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, and Wingate.--15.
So it passed in the negative.
On motion to postpone the further consideration of this bill for a fortnight:
It passed in the negative,
On motion to fill up the blank in the first paragraph of the bill with the word "Baltimore," the yeas and nays being required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Few, Gunn, Hawkins, Johnson, Johnston, and Izard.--7.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Henry, King, Langdon, Lee, Maclay, Morris, Paterson, Read, Schuyler, Strong, Walker, and Wingate.--17.
So it passed in the negative.
On motion to postpone the bill generally:
It passed in the negative.
On motion to postpone the bill till the next session of Congress:
It passed in the negative.
On motion to reject the first enacting clause of the bill, to wit: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a district of territory not exceeding ten miles square, to be located as
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hereafter directed at--, and the same is hereby accepted as the permanent seat of Congress, and the government of the United States:"
It passed in the negative.
On motion to adjourn:
It passed in the negative.
On motion to fill up the blank in the first enacting clause of the bill with the words "Wilmington, in the state of Delaware:"
It passed in the negative.
A motion was made that the first enacting clause of the bill be agreed to; which was superseded by a motion to adjourn: whereupon,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 9, 1790.
The Senate assembled: present as yesterday.
Ordered, That the bill entitled "An act for giving effect to the several acts therein mentioned in respect to the state of Rhode Island sod Providence Plantations," have the third reading at this time.
Resolved, That this bill do pass, with an amendment.
Ordered, That the Secretary acquaint the House of Representatives herewith, and desire their concurrence in the amendment.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to the amendment of the Senate on the bill, entitled "An act for giving effect to the several acts therein mentioned in respect to the state of Rhode Island and Providence Plantations." And he withdrew.
The Senate proceeded in the second reading of the bill, entitled "An act making provision for the debt of the United States;" and, after progress,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 10, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Joint Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act for giving effect to the several acts therein mentioned in respect to the state of Rhode Island and Providence Plantations;" and an enrolled resolve "that all treaties made, or which shall be made and promulged, shall be published and annexed to the laws of the United States."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to bring to the Senate, an enrolled bill, and an enrolled resolve, which are signed by the Speaker of the House of Representatives. And he withdrew.
The Vice President affixed his signature to the enrolled bill, entitled "An act for giving effect to the several acts therein mentioned in respect to the state of Rhode Island and Providence Plantations" and to an enrolled resolve "that all treaties made, or which shall be made and promulged, shall be published and annexed to the laws of the United States;" and they were delivered to the committee, to be laid before the President of the United States, for his approbation.
The bill, entitled "An act for giving effect to an act, entitled "An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations," was read the first time.
Ordered, That this bill pass to the second reading.
Mr. Lee, from the committee appointed to confer with a committee of the House of Representatives, to consider and report whether any, and what, further regulations are necessary for conducting the business between the two Houses, reported: whereupon,
Resolved, That the Senate agree to the report, amended to read as follows:
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Ordered, That the Secretary acquaint the House of Representatives that the Senate agree to the report of the joint committee, thus amended:
The consideration of the resolve of the House of Representatives of the 8th of June, appointing a committee to join a committee that may be appointed on the part of the Senate, "to consider and report when it will be convenient and proper that an adjournment of the present session of Congress should take place," was further postponed.
The Senate proceeded in the second reading of the bill, entitled "An act making provision for the debt of the United States;" and, after progress,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 11, 1790.
The Senate assembled: present as yesterday.
The petition of John Wagner, and others, tanners, of the city of Philadelphia, was read, stating "that they labor under some inconveniences arising from the construction of the act of Congress, entitled "An act for laying a duty on goods, waxes, and merchandises, imported into the United States," and praying for the interposition of government.
Ordered, That this petition lie on the table.
A message from the President of the United States, by Mr. Lear his Secretary, was read, as follows:
Gentlemen of the Senate,
and House of Representatives:
I have directed my Secretary to lay before you a copy of the ratification of the amendments to the constitution of the United States by the state of North Carolina; together with an extract from a letter accompanying said ratification, from the Governor of the state of North Carolina to the President of the United States.
G. WASHINGTON.
United States, June the 11th, 1790.
Extract of a letter from his Excellency Alexander Martin, Governor of the state of North Carolina, to the President of the United States.
Rockingham, May the 25th, 1790.
Sir: I do myself the honor to transmit you, herewith inclosed, an act of the General Assembly of this state, passed at their last session, entitled "An act to ratify the amendments to the constitution of the United States."
State of North Carolina.
His Excellency Alexander Martin, Esq. Governor, Captain-General, and Commander in Chief in and over the said state: To all to whom these presents shall come:
"It is certified, that the honorable James Glasgow, Esq. who hath attested the annexed copy of an act of the General Assembly of this state, was, at the time thereof, and now is, Secretary of the said State, and that full faith and credit are due to his official acts.
Given under my hand, and the great seal of the state, at Danbury, the fourteenth day of February, Anno Dom. 1790, and the fourteenth year of our Independence.
ALEXANDER MARTIN.
By his Excellency's command,
Thomas Rogers,P. Sec.
An act to ratify the amendments to the constitution of the United States.
Whereas the Senate and House of Representatives of the United States of America in Congress-assembled, on the fourth day of March, did resolve, two thirds of both Houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States, all or any of which articles, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes, as part of the said constitution:
[Here follow the several articles of amendment verbatim, as proposed by Congress to the legislatures of the several states.]
Be it therefore enacted by the General Assembly of the state of North, Carolina, and
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it is hereby enacted by the authority of the same, that the said amendments, agreeably to the fifth article of the original constitution, be held and ratified on the part of this state, as articles in addition to, and amendment of, the constitution of the United States of America.
Read three times, and ratified in General Assembly, this 22d day of December, A. D. 1789.
CHARLES JOHNSON,S. S.
S. CABARRUS,S. II. C.
State of North Carolina.
I, James Glasgow, Secretary of the said state, do hereby certify the foregoing to be a true copy of the original act of the Assembly, filed in the Secretary's office.
In testimony whereof, I have hereto set my hand this tenth day of February, 1790.
J. GLASGOW.
I do certify the preceding to be a true copy of the transcript of the act transmitted to the President of the United States by his Excellency Governor Martin.
TOBIAS LEAR,
Secretary to the President of the United States.
United States, June the 11th, 1790.
Ordered, That the message and papers from the President of the United States be filed.
The Senate proceeded in the second reading of the bill, entitled "An act making provision for the debt of the United States."
Ordered, That it be committed to Messrs. Lee, Ellsworth, Maclay, King, and Paterson.
The Senate proceeded in the second reading of the bill, entitled "An act for giving effect to an act, entitled "An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations."
Ordered, That this bill pass to the third reading.
Mr. Ellsworth notified the Senate, that, on Monday next, he should bring in a bill, making "provision for the debts of the respective states, by the United States."
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 14, 1790.
The Senate assembled: present as on the 11th.
A written message from the President of the United States, by Mr. Lear, his Secretary, was read on the 15th of February last, as follows:
Gentlemen of the Senate,
and House of Representatives:
I have directed my Secretary to lay before you the copy of a vote of the Legislature of the state of New Hampshire, to accept the articles proposed in addition to, and amendment of, the constitution of the United States of America, except the second article. At the same time will be delivered to you the copy of a letter from his Excellency the President of the state of New Hampshire to the President of the United States.
The originals of the above mentioned vote and letter will be lodged in the office of the Secretary of State.
G. WASHINGTON.
United States, February 15, 1790.
State of New Hampshire.
In the House of Representatives,
January the 25th, 1790.
Upon reading and maturely considering the proposed amendments to the federal constitution, voted to accept the whole of said amendments, except the second article, which was rejected.
Sent up for concurrence.
THOMAS BARTLETT,Speaker.
In Senate, The same day, read and concurred.
J. PEARSON,Secretary.
A true copy.
Attest, J. PEARSON,Secretary.
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I certify the above to be a true copy of the copy transmitted to the President of the United States.
TOBIAS LEAR,
Secretary to the President of the U. States.
Durham, in New Hampshire,
January 29, 1790.
Sir: I have the honor to inclose you, for the information of Congress, a vote of the Assembly of this state to accept all the articles of amendments to the constitution of the United States, except the second, which was rejected.
I have the honor to be, &c.
JOHN SULLIVAN.
ThePresidentof the United States.
I do certify the foregoing to be a true copy of the letter to the President of the U. States from his Excellency John Sullivan.
TOBIAS LEAR,
Secretary to the President of the United States.
The papers referred to in the President's message of the 25th of January, 1790, are as follow:
An act to ratify certain articles in addition to, and amendment of, the constitution of the United States of America, proposed by Congress to the legislatures of the several states.
Whereas it is provided by the fifth article of the constitution of the United States of America, that Congress, whenever two-thirds of both Houses shall deem it necessary; shall propose amendments to the said constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments; which, in either-case, shall be valid to all intents and purposes as part of the said constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three-fourths thereof, as the one or the other modes of ratification may be proposed by the Congress:
And whereas, at a session of the United States, begun and held at the city of New York, on Wednesday, the fourth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, it was resolved by the Senate and House of Representatives of the said United States in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States; all or any of which articles, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes as part of the said constitution, viz:
[Here follow the several articles of amendment.]
Be it enacted by the General Assembly of Maryland, that the aforesaid articles, and each of them, he, and they are hereby, confirmed and ratified:
By the House of Delegates, December 17, 1789.
Read, and assented to.
By order, W. HARWOOD,Clerk.
By the Senate, December 19, 1789.
Read, and assented to.
By order, HY. RIDGELY,Clerk.
J. E. HOWARD.
I hereby certify that the above is a true copy from the original engrossed act, as passed by the Legislature of the state of Maryland.
T. JOHNSON,Jr.Clerk of the Council.
Maryland, ss: In testimony that Thomas Johnson junior, is clerk of the executive council for the state of Maryland, I have hereto affixed the great seal of the said state. Witness my hand, this fifteenth day of January, Anno Domini 1790.
SAMUEL HARVEY HOWARD,Reg. Cor. Can.
I certify the foregoing to be a true copy of the act transmitted to the President of the United States by J. E. Howard, Governor of the state of Maryland.
TOBIAS LEAR,
Secretary to the President of the United States.
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Annapolis, Jan. 15, 1790.
Sir: I have the honor to inclose a copy of an act of the Legislature of Maryland, to ratify certain articles in addition to, and amendment of, the constitution of the United States of America, proposed by Congress to the legislatures of the several states.
I have the honor to be, &c.
J. E. HOWARD.
To his Excellency thePresidentof the United States.
I do certify the foregoing to be a true copy from the original letter from J. E. Howard, Governor of the state of Maryland, to the President of the United States.
TOBIAS LEAR,
Secretary to the President of the U. States.
The petition of the Reverend Joseph Willard and others, in behalf of the congregational clergy of the Commonwealth of Massachusetts, was read, stating "that printers in some of the states are now undertaking to publish editions of the Holy Bible, a work which, in its nature, requires a most critical and faithful inspection, and which, in other Christian countries, is performed under the direction of the supreme authority;" and praying "Congress to take this interesting subject into their consideration, and to direct such measures as, in their wisdom, may be thought proper, to secure tire public from impositions by inaccurate editions of the Holy Scriptures."
Ordered, That this petition lie for consideration.
The following written message, from tire House of Representatives, was communicated by Mr. Beckley, their Clerk: And he withdrew.
"In the House of Representatives of the United States,
"Friday, the 11th of June, 1790.
"Resolved, That, when the two Houses shall adjourn to close the present session, the President of the Senate and Speaker of the House of Representatives do adjourn their respective Houses to meet and hold their next session at the town of Baltimore."
Mr. Wingate, from the Joint Committee on Enrolled Bills, reported, that they had, on the 11th of June, laid before the President of the United States, an enrolled bill entitled "An act for giving effect to the several acts therein mentioned in respect to the state of Rhode Island and Providence Plantations;" and to an enrolled bill, entitled "An act for the relief of Thomas Jenkins and company;" together with an enrolled resolve "that all treaties made, or which shall be made and promulged, shall be published and annexed to the laws of the United States."
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations."
Resolved, That this bill do pass with the following amendment:
In the last paragraph, strike out the words "one thousand dollars," and insert "eight hundred dollars."
Ordered, That the Secretary acquaint the House of Representatives herewith, and desire their concurrence in the amendment.
Mr. Ellsworth, instead of the bill proposed on the 11th, submitted the following motion: that it be
Resolved, That provision shall be made the next session of Congress for loaning to the United States a sum not exceeding twenty-two millions of dollars, in the certificates issued by the respective states for services or supplies towards the prosecution of the late war. The certificates which shall be loaned to stand charged to the respective states by whom they were issued, until a liquidation of their accounts with the United States can be completed.
Ordered, That this motion lie on the table.
A motion was then made, that to-morrow be assigned to take it into consideration; and,
It passed in the negative.
The Resolve of the House of Representatives, of June the 11th, "that, when the two Houses shall adjourn to close the present session, the President of the Senate and Speaker of the House of Representatives do adjourn their respective Houses to meet and hold their next session at the town of Baltimore," being read:
On motion that the consideration hereof should be postponed to this day fortnight; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Few, Gunn, Hawkins, Johnson, Johnston, Izard, King, Paterson, Schuyler, and Strong.--13.
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Nays.--Messrs. Bassett, Carroll, Elmer, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--11.
So it passed in the affirmative.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The President of the United States did, on the 14th of June, 1790, approve of, and affix his signature to "An act for giving effect to the several acts therein mentioned in respect to the state of Rhode Island and Providence Plantations," to "An act for the relief of Thomas Jenkins and company," and to a resolve "that all treaties made, or which shall be made and promulged, shall be published and annexed to the laws of the United States." And he withdrew.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 15, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for the relief of Nathaniel Twining," in which they request the concurrence Of the Senate;
They have agreed to the amendment of the Senate upon the bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of Rhode island and Providence Plantations." And he withdrew.
Mr. Lee, on behalf of the committee appointed June the 11th, on the bill, entitled "An act making provision for the debt of the United States," reported; and the consideration of the report was postponed until to-morrow.
Ordered, That the bill, entitled "An act for the relief of Nathaniel Twinning," be now read the first time.
Ordered, That this bill pass to the second reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 16, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the bill, entitled "An act for giving effect to an act, entitled, An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations," and had found it correct.
The Senate proceeded to the second reading of the bill, entitled "An act for the relief of Nathaniel Twining."
Ordered, That it be committed to Messrs. Langdon, Wingate, and, Maclay.
The Senate proceeded to the consideration of the report of the committee on the entitled "An act making provision for the debt of the United States;" and, after debate, postponed the further consideration thereof until to-morrow.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to bring to the Senate an enrolled bill, which has been signed by the Speaker of the House of Representatives. And he withdrew.
The Vice President affixed his signature to the enrolled bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations," and it was delivered to the committee to be laid before the President of the United States.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate,
and House of Representatives:
The ratification of the constitution of the United States of America by the state of Rhode Island and Providence Plantations, was received by me last night; together with a letter to the President of the United States from the President of the convention. I have directed my Secretary to lay before you a copy of each.
G. WASHINGTON.
United States, June 16, 1790.
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Rhode-Island,Newport, June 9, 1790.
Sir: I had, on the 29th ult. the satisfaction of addressing you, after the ratification of the constitution of the United States of America, by the convention of this state; I have now the honor of inclosing the ratification, as then agreed upon by the convention of the people of this state. The Legislature is now in session in this town, an appointment of Senators will undoubtedly take place in the present week, and, from what appears to be the sense of the Legislature, it may be expected that the gentlemen who may be appointed will immediately proceed to take their seats in the Senate of the United States.
I have the honor to be, &c.
DANIEL OWEN,President.
Presidentof the United States.
A true copy.
TOBIAS LEAR,
Secretary to the President of the United States.
[The constitution of the United States of America, precedes the following ratification.]
Ratification of the constitution by the convention of the state of Rhode-Island and Providence Plantations.
We, the delegates of the people of the state of Rhode-Island and Providence Plantations, duly elected, and met in convention, having maturely considered the constitution for the United States of America, agreed to on the seventeenth day of September, in the year one thousand seven hundred and eighty-seven, by the convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy Whereof precedes these presents) and having also seriously and deliberately considered the present situation of this state, do declare and make known:
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consent, or that of their representatives so elected; nor can they be bound by any law to which they have not, in like manner, assented, for the public good.
Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent With the said constitution; and in confidence that the amendments hereafter mentioned will receive an early and mature consideration, and conformably to the fifth article of said constitution; speedily become a part thereof: we, the said. delegates, in the name, and in the behalf, of the people of the state of Rhode Island and Providence Plantations, do, by these presents, assent to, and ratify, the said constitution; in full confidence, nevertheless, that, until the amendments hereafter proposed and undermentioned, shall be agreed. to and ratified, pursuant to the aforesaid fifth article, the militia of this state will not be continued in service out of this state for a longer term than six weeks, without the consent of the Legislature thereof; that the Congress will not make or alter any regulation in this state respecting the times, places, and manner of holding election for Senators or Representatives, unless the Legislature of this state shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that, in those cases, such power will only be
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exercised until the Legislature of this state shall make provision in the premises; that the Congress will not lay direct taxes within this state, but where the moneys arising from the impost, tonnage, and excise, shall he insufficient for the public exigencies; nor until Congress shall have first made a requisition upon this state to assess, levy, and pay, the amount of such requisition, made agreeable to the census fixed in the said constitution, in such way and manner as the Legislature of this state shall judge best; and that Congress will not lay any capitation or poll tax.
Done in convention at Newport, in the county of Newport, in the state of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the independence of the United States of America.
By order of the convention,
DANIEL OWEN,President.
Attest,
Daniel Updike,Secretary.
And the convention do, in the name and behalf of the people of the state of Rhode Island and Providence Plantations, enjoin it upon their Senators and Representative or Representatives, which may be elected to represent this state in Congress, to exert all their influence, and use all reasonable means, to obtain a ratification of the following amendments to the said constitution, in the manner prescribed therein; and in all laws to be passed by the Congress in the mean time, to conform to the spirit of the said amendments, as far as the constitution will admit.
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Done in convention at Newport, in the county of Newport, in the state of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and the fourteenth year of the independence of the United States of America.
By order of the convention,
DANIEL OWEN,President.
Attest,
Daniel Updike,Secretary.
A true copy.
TOBIAS LEAR,
Secretary to the President of the United States.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 17, 1790.
The Senate assembled: present as yesterday,
Ordered, That the Secretary transmit the petition of William Montgomery and Abraham Owen to the Secretary of State.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States," to which the concurrence of the Senate is desired. And he withdrew.
Ordered, That this bill have the first reading at this time.
Ordered, That this bill pass to the second reading.
Ordered, That the petition of Nathaniel Twining be committed to the committee appointed the 16th of June, on the bill, entitled "An act for the relief of Nathaniel Twining."
The Senate resumed the consideration of the report of the committee on the bill, entitled "An act making provision for the debt of the United States;" and, after debate, postponed the further consideration thereof until to-morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 18, 1790.
The Senate assembled: present as yesterday.
The petition of Stephen Moore was read, stating "That the United States occupy a tract of land, on which are erected the fortifications and arsenal at West Point," the property of the petitioner, and requesting compensation; together with sundry papers accompanying the petition.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States.
Ordered, That this bill, together with the petition of Stephen Moore, and the papers communicated with his petition, be committed to Messrs. Izard, Gunn, and Langdon.
Mr. Morris, from the committee appointed June the 7th, to consider the bill, entitled "An act to satisfy the claims of John M'Cord against the United States," reported; and it was agreed to amend the bill accordingly.
Ordered, That this bill pass to the third reading.
The Senate resumed the consideration of the report of the committee appointed the 11th of June, on the bill, entitled "An act making provision for the debt of the United States;" and, after debate, the consideration thereof was further postponed.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 21, 1790.
The Senate assembled: present as on the 18th.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act to satisfy the claims of John M'Cord against the United States."
Resolved, That this hill do pass with an amendment.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendment.
The Senate proceeded to the consideration of the resolve of the House of Representatives, of June the 8th, proposing a joint committee for the purposes therein mentioned; and,
Resolved, That they do agree to the appointment of a committee, and that Messrs. Strong, Bassett, and Walker, be the committee on the part of the Senate.
Ordered, That the Secretary acquaint the House of Representatives herewith.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to establish the post office and post roads within the United States," in which the concurrence of the Senate is desired. And he withdrew.
The Senate resumed the consideration of the report of the committee on the bill, entitled "An act making provision for the debt of the United States;" and,
On motion to agree to the following paragraph of the report, to wit: In the 4th section, 2d. line, strike out from the word "entitled," to the word "or," at the end of the next paragraph inclusive; also, strike out from the word "sum," in the 5th line of the next paragraph, to the proviso at the end of the section; and then the bill will read: "That, for any sum which shall be subscribed to the said loan by any person or persons, or body politic, the subscriber, or subscribers, shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, the whole of the sum by him, her, or them, subscribed; bearing an interest of four per cent. per annum, payable quarter yearly, and subject to redemption by payments not exceeding, in one year, on account both of principal and interest, the proportion of six dollars upon a hundred of the same sum:Provided, always, That it shall not be understood that the United States shall be bound or obliged to redeem in the proportion aforesaid, but it shall be understood, only, that they have a right so to do."
The design of this amendment of your committee is to discharge the alternatives proposed in the bill, and to fund the domestic debt of the United States at an interest of four per cent. per annum.
To this clause the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Few, Hawkins, Henry, Johnston, Lee, Maclay, Read, Strong, and Wingate.--13.
Nays.--Messrs. Butler, Gunn, Johnson, Izard, King, Langdon, Morris, Paterson, Schuyler, and Walker.--10.
So it passed in the affirmative.
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Ordered, That the further consideration of the report be postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 22, 1790.
The Senate assembled: present as yesterday.
Proceeded to the first reading of the bill, entitled "An act to establish the post office and post roads within the United States."
Ordered, That this bill pass to the second reading.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, this day, lay before the President of the United States, an enrolled bill, entitled "An act for giving effect to an act, entitled 'An act to establish the judicial courts of the United States within the state of Rhode Island and Providence Plantations."
The Senate resumed the consideration of the report of the committee on the bill, entitled "An act making provision for the debt of the United States;" which; being amended, was accepted as an amendment to the bill.
Ordered, That this bill pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 23, 1790.
The Senate assembled: present as yesterday.
Mr. Langdon, from the committee on the bill, entitled "An act for the relief of Nathaniel Twining," reported.
Ordered, That the report lie for consideration.
The petition of Sarah, widow of the late Earl of Stirling, was read, stating "that her late husband was a major general in the late war, and that he died in the service of the United States on the 14th day of January, 1783; that, by the act of Congress of the 24th of August, 1780, your petitioner is entitled to seven years half pay of her late husband, but that she has never received any part thereof; she therefore prays that Congress may take such measures in the premises as, in their wisdom, shall appear proper, to secure to her the benefit intended by the act above mentioned."
Ordered, That this petition lie on the table.
A message from the House of Representatives, by Mr. Beckley, their Clark.
Mr. President: The House of Representatives have concurred in the amendments to the bill, entitled "An act to satisfy the claims of John M'Cord against the United States;"
They have passed a bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states," in which they request the concurrence of the Senate. And he withdrew.
Ordered, That the bill, entitled "An act to provide,more effectually for the settlement of the accounts between the United States and the individual state, have the first reading at this time.
Ordered, That this bill pass to the second reading.
The order of the day being the third reading of the bill, entitled "An act making provision for the debt of the United States;"
On motion, the third reading was postponed.
Mr. King reported, from the managers appointed May the 31st, to confer with those appointed by the House of Representatives on the disagreeing votes of the two Houses on the subject matter of amendments to the bill, entitled "An act providing the means of intercourse between the United States and foreign nations,"
That the word "thirty," line 3d of the bill, be struck out, and the word "forty" inserted; that the Senate do recede from their amendment on. the bill, and that all the words proposed to be struck out of the bill by the Senate, except the three last words, be expunged, and the following words be inserted in their stead: "That, exclusive of an outfit, which shall in no case exceed the amount of one year's full salary to the person to whom the same may be allowed, the President of the United States shall not allow to any Minister Plenipotentiary a greater sum than at the rate of nine thousand dollars per annum, as a compensation for all his personal services and other expenses; nor a greater sam for the same than four thousand five hundred dollars per annum to a Charge des Affaires; nor a greater sum for the same than one thousand three hundred and fifty dollars per annum to any of their Secretaries.
And the report was agreed to.
Ordered, That the Secretary carry a message to the House of Representatives accordingly.
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The Senate proceeded to the second reading of the bill, entitled "An act to establish the Post Office and post roads within the United States."
Ordered, That the further consideration thereof be postponed.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to regulate trade and intercourse with the Indian tribes;" in which they desire the concurrence of the Senate;
The President of the United States did, on the 23d of June, approve of, and affix his signature to, "An act for giving effect to an act, entitled 'An act to establish the judicial courts of' the United States within the state of Rhode Island and Providence Plantations." And he withdrew.
Ordered, That the bill, entitled " An act to regulate trade and intercourse with the Indian tribes," be now read the first time.
Ordered, That this bill pass to the second reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JUNE 24, 1790.
The Senate assembled: present as yesterday.
Proceeded in the second reading of the bill, entitled "An act to establish the Post Office and post roads within the United States."
Ordered, That it be committed to Messrs. Johnston, Langdon, Carroll, Strong, and Maclay.
Ordered, That the second reading of the bill, entitled "An act to regulate trade and intercourse with the Indian tribes," be postponed for consideration.
Ordered, That the second reading of the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states," be postponed for consideration.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled." An act imposing duties on the tonnage of ships or vessels," in which they request the concurrence of the Senate. And he withdrew.
The Senate proceeded to the consideration of the report of the committee on the bill, entitled "An act for the relief of Nathaniel Twining," which is as follows:
That they have heard Mr. Twining on the subject, and examined the documents relative to his contract for transporting the mail between Charleston and Savannah, for the year 1787, and taken into consideration his repeated failures in the course of that year, the forfeitures remitted, and the allowance already made him; it is, therefore, the, opinion of the committee that the forfeitures incurred by the said Twining, in neglect to transport the mail agreeably to contract, from the month of September, 1787, to the 1st of January, 1788, should not be remitted; and that the said bill be disagreed to by the Senate;
And, on the question to agree to the report of the committee:
It passed in the negative.
Ordered, That this bill pass to the third reading.
The Senate proceeded to the first reading of the bill, entitled "An act imposing duties on the tonnage of ships or vessels."
Ordered, That this bill pass to the second reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JUNE 25, 1790.
The Senate assembled: present as yesterday.
Ordered, That the second reading of the bill, entitled "An act imposing duties on the tonnage of ships or vessels," be postponed until Monday next.
Ordered, That the second reading of the bill, entitled "An act to regulate trade and intercourse with the Indian tribes," be postponed until Monday next.
Mr. Izard, from the committee appointed the 18th of June, to take into consideration the bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States," reported the bill without amendment. Whereupon,
The Senate proceeded in the second reading of the bill; and, on motion to adopt the following clause thereof, to wit: "That it shall be lawful for the President of the United States, and he is hereby authorized, to cause to be purchased for the use of the United States, the whole or such part of that tract of land situate in the state of New York, commonly called West Point, as shall be by him judged requisite for the purpose
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of such fortifications and garrisons as may be necessary for the defence of the same:" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dalton, Few, Gunn, Henry, Johnson, Johnston, Izard, King, Lee, Paterson, Schuyler, and Walker.--14.
Nays.--Messrs. Bassett, Elmer, Langdon, Maclay, Morris, Strong, and Wingate.--7.
So it passed in the affirmative.
Ordered, That this bill pass to the third reading.
Ordered, That the second reading of the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states," be postponed until Monday next.
The Senate proceeded to the third reading of the bill, entitled "An act for the relief of Nathaniel Twining."
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives herewith.
The honorable Joseph Stanton, junr. and the honorable Theodore Foster, from the state of Rhode Island and Providence Plantations, appeared, produced their credentials, and took their seats in Senate; and the oaths required by law were administered to them.
On motion to resume the second reading of the bill "to determine the permanent seat of Congress, and the government of the United States:"
A motion was made to postpone the consideration thereof until Monday next; and,
It passed in the affirmative.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to satisfy the claim of the representatives of David Gould, deceased, against the United States, in which they desire the concurrence of the Senate;
They have also agreed to the amendments of the Senate to the bill, entitled "An act providing the means of intercourse between the United States and foreign nations," with amendments; to which amendments they desire the concurrence of the Senate. And he withdrew.
The Senate took into consideration the message from the House of Representatives, and their resolution communicated this day, which is as follows:
"Resolved, That this House do agree to the amendments proposed by the Senate to the bill, entitled "An act providing the means of intercourse between the United States and foreign nations," with the following amendments, to wit:
"Line 9th, strike out the word "person," and in lieu thereof insert "the Minister Plenipotentiary, or Charge des Affaires."
"Line 19th, strike out "any of their Secretaries," and in lieu thereof insert "the Secretary of any Minister Plenipotentiary:" whereupon,
Resolved, That the Senate do agree to the amendments of the House of Representatives to their amendments to the said bill.
Ordered, That the Secretary acquaint the House of Representatives therewith.
A letter was read, from the Treasurer of the United States, inclosing a statement of his accounts to the 31st of March, 1790.
Ordered, That these accounts be committed to Messrs. Butler, Morris, and Wingate.
The bill, entitled "An act to satisfy the claim of the representatives of David Gould, deceased, against the United States," was read the first time.
Ordered, That this bill pass to the second reading.
On motion, the Senators from the state of Rhode Island and Providence Plantations proceeded to draw lots for their classes, in conformity to the resolve of the 14th of May 1789; and three lots, No. 1, 2, and 3, being by the Secretary rolled up and put into the box, Mr. Stanton drew lot No. 2, whose seat shall accordingly be vacated in the Senate at the expiration of tire fourth year; and Mr. Foster drew lot No. 1, whose seat shall accordingly be vacated in the Senate at the expiration of the second year.
The Senate adjourned until Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JUNE 28, 1790.
The Senate assembled: present as on the 25th.
Mr. Strong reported, from the joint committee appointed June the 21st, to consider of, and report when, it will be convenient and proper that an adjournment of the present session of Congress should take place.
Ordered, That the report lie for consideration.
Agreeably to the order of the day, the Senate proceeded to the third reading of
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the bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States;"
And, on the question, shall this bill pass? The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dalton, Few, Foster, Hawkins, Henry, Johnson, Johnston, Izard, King, Lee, Paterson, Schuyler, and Walker.--15.
Nays--Messrs. Bassett, Ellsworth, Elmer, Langdon, Maclay, Morris, Read, Stanton, Strong, and Wingate.--10.
So it was
Resolved, That this bill do pass.
Ordered, That the Secretary carry this bill to the House of Representatives, and inform them of the concurrence of the Senate therein.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for the government and regulation of seamen in the merchant's service," in which they request the concurrence of the Senate. And he withdrew.
Ordered, That the last mentioned bill have the first reading at this time.
Ordered, That this bill pass to the second reading.
The Senate proceeded to the consideration of the resolve of the House of Representatives of the 11th of June," That, when the two Houses shall adjourn to close the present session, the President of the Senate and Speaker of the House of Representatives do adjourn their respective Houses to meet and hold their next session at the town of Baltimore;" and,
On motion to postpone the consideration thereof, to take up the "Bill to determine the permanent seat of Congress and the government of the United States:"
It passed in the affirmative.
Agreeably to the order of the day, the Senate resumed the second reading of the bill last mentioned.
On motion,
Ordered, That the consideration of the bill be postponed, and that the representation of John O'Donnell, in behalf of himself and others, citizens of Baltimore town, stating that town to be exceedingly commodious and eligible for the permanent seat of government of the United States; and the representation of Robert Peters, in behalf of himself and other freeholders and other inhabitants of George Town, to the same purpose, be severally read.
The consideration of the bill was resumed, and the first enacting clause being read, as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a district of territory not exceeding ten miles square, to be located as hereafter directed, at, and the same is hereby accepted as the permanent seat of Congress and the government of the United States;"
A motion was made to fill up the blank with the word "Baltimore," and the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Ellsworth, Few, Poster, Johnson, Johnston, Izard, King, Schuyler, and Stanton.--10.
Nays.--Messrs. Bassett, Carroll, Dalton, Elmer, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, and Wingate.--15.
So it passed in the negative.
On motion, after the word "directed," in the fifth line of the bill, to strike out to the end of the clause, and insert "on the river Potomac, at some place between the mouths of the Eastern Branch and Connogoohegue, be, and the same is hereby, accepted for the permanent seat of the government of the United States:Provided nevertheless, That the operation of the laws of the state within such district shall not be affected by this acceptance, until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law provide;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Elmer, Few, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, and Walker.--16.
Nays.--Messrs. Dalton, Ellsworth, Johnson, King, Paterson, Schuyler, Stanton, Strong, and Wingate.--9.
So it passed in the affirmative.
On motion that the bill be amended to read as follows: After the word "authorized," in the second clause, strike out to the end of the said clause, and insert "to appoint, and, by supplying vacancies happening from refusals to act, or other causes, to keep in appointment as long as may be necessary, three commissioners, who, or any two of
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whom, shall, under the direction of the President, survey, and, by proper metes and bounds, define and limit, a district or territory, under the limitations above mentioned; and the district, so defined, limited, and located, shall be deemed the district accepted by this act for the permanent seat of the government of the United States:"
The motion was agreed to.
On motion to subjoin to the amendment last agreed to, as follows: "And be it enacted, that the said commissioners, or any two of them, shall have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the President shall deem proper for the use of the United States; and, according to such plans as the President shall approve, the said commissioners, or any two of them; shall, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable buildings for the accommodation of Congress, and of the President, and for the public offices of the government of the United States:"
A motion was made to amend the amendment, so as that it should read "prior to the first Monday in December, one thousand seven hundred and ninety-four;" and the yeas and nays were required on this amendment to the proposed amendment by one-fifth of the Senators present:
Yeas.--Messrs Butler, Few, Foster, Johnson, Johnston, Izard, King, Schuyler, and Stanton.--9.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, and Wingate.--16.
So it passed in the negative.
A motion was then made to amend the proposed amendment, so as that it should read "prior to the first Monday in December, one thousand seven hundred and ninety-eight:"
And it passed in the negative.
And, on motion to agree to the proposed amendment to the bill, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Few, Johnson, Johnston, Izard, King, Schuyler, and Stanton.--8.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Foster, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, and Wingate.--17.
So it passed in the negative.
On motion to strike out the third, fourth, and fifth, enacting clauses in the bill, and insert the following: "And be it enacted, that, for defraying the expense of such purchases and buildings, the President of the United States be authorized and requested to accept grants of money, and cause to be borrowed a sum not exceeding one hundred thousand dollars, at an interest not exceeding six per cent; for payment of which, and repayment of the principal within twenty years; so much of the duties on imposts and tonnage as may be sufficient, is hereby pledged and appropriated;" the yeas and nags were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Few, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, Stanton, and Walker.--15.
Nays.--Messrs. Dalton, Ellsworth, Elmer, Foster, Johnson, King, Paterson, Schuyler, Strong, and Wingate.--10.
So it passed in the affirmative.
On motion to subjoin the following to the clause last agreed to: "And be it enacted, that, on the said first Monday in December, in the year one thousand eight hundred, the seat of the government of the United States shall, by virtue of this act, be transferred to the district and place aforesaid; and all officers attached to the said seat of government shall accordingly be removed thereto by their respective holders; and shall, after the said day, cease to be exercised elsewhere; and the necessary expence of such removal shall be defrayed out of the duties on imposts and tonnage, of which a sufficient sum is hereby appropriated;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Morris, Read, Walker.--13.
Nays.--Messrs. Dalton, Ellsworth, Elmer, Few, Foster, Johnson, King, Paterson, Schuyler, Stanton, Strong, Wingate.--12.
So it passed in the affirmative.
On motion to fill up the first blank in the last paragraph of the bill, to wit: "And be it further enacted by the authority aforesaid, that the temporary residence of Congress shall be and continue in thetill the yearand no longer; with these words, "city of New York," the yeas and nays we,re required by one-fifth of the Senators present:
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Yeas.--Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton, and Strong.--13.
Nays.--Messrs. Bassett, Carroll, Elmer, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--12.
So it passed in the affirmative.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JUNE 29, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act providing the means of intercourse between the United States and foreign nations;" the enrolled bill, entitled "An act for the relief of Nathaniel Twining;" and the enrolled bill, entitled "An act to satisfy the claims of John M'Cord against the United States;" and had found them correct.
The Senate proceeded in the second reading of the bill, entitled "An act to satisfy the claim of the representatives of David Gould, deceased, against the United States.
Ordered, That this bill be committed to Messrs. Wingate, Elmer, and Maclay.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for giving effect to an act, entitled 'An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations;"
The Speaker of the House of Representatives has signed several enrolled bills, which I am directed to bring to the Senate. And he withdrew.
The Vice President affixed his signature to the enrolled bill, entitled "An act providing the means of intercourse between the 'United States and foreign nations;" to the enrolled bill, entitled "An act for the relief of Nathaniel Twining;" and to the enrolled bill, entitled "An act to satisfy the claims of John M'Cord against the United States;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States.
Ordered, That the bill, entitled "An act for giving effect to an act, entitled 'An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations," be now read the first time,
Ordered, That this bill pass to the second reading.
The Senate proceeded in the second reading of the bill entitled "An act imposing duties on the tonnage of ships or vessels."
Ordered, That this bill be committed to Messrs. Read, Dalton, and Morris.
The Senate resumed the second reading of the bill "to determine the permanent seat of Congress, and the government of the United States."
On motion to fill up the blank, in the last paragraph of the bill, with the words "one thousand eight hundred;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Ellsworth, Foster, Johnson, Johnston, Izard, King, Langdon, Lee, Paterson, Schuyler, and Stanton.--13.
Nays.--Messrs. Butler, Dalton, Elmer, Few, Gunn, Henry, Maclay, Morris, Read, Strong, Walker, and Wingate--12.
So it passed in the affirmative.
On motion to agree to the last clause of the bill, amended to read as follows: "Be it further enacted by the authority aforesaid, That the temporary residence of Congress shall be and continue in the city of New York till the year one thousand eight hundred, and no longer;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Ellsworth, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, and Stanton.--9.
Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Elmer, Few, Gunn, Henry, Langdon, Lee, Maclay, Morris, Read, Strong, Walker, and Wingate.--16.
So it pressed in the negative.
A motion was made to subjoin the following paragraph to the bill, in lieu of that last struck out, to wit: "And be it enacted, That, prior to the first Monday in December next, all offices attached to the seat of the government of the United States shall be removed to, and, until the said first Monday in December, in the year one thousand eight hundred, shall remain at, the city of Philadelphia, in the state of Pennsylvania; at which place the two Houses do hereby resolve that the session of Congress, next ensuing the present, shall be held;" and,
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A motion was made to amend the motion, as follows: "And be it enacted, That Congress shall continue to hold their sessions in the city of New York until the first Monday in December, in the year one thousand seven hundred and ninety-four; and, from and after the said first Monday in December, one thousand seven hundred and ninety-four, Congress shall hold their sessions in the city of Philadelphia, and shall continue there to hold the same until the first Monday of December, one thousand eight hundred." Upon this amendment to the motion, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton, and Strong.--13.
Nays.--Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--13.
The numbers being equal, the Vice President determined the question in the negative.
A motion was then made to amend the motion as follows: "And be it enacted, That Congress shall continue to hold their sessions in the city of New York until the first Monday in December, in the year one thousand seven hundred and ninety-four; and, from and after the said first Monday of December, one thousand seven hundred and ninety-four, Congress shall hold their sessions in the town of Baltimore, and shall continue there to hold the same until the first Monday of December, one thousand eight hundred." Upon this amendment to the motion, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, Schuyler, and Stanton.--10.
Nays.--Messrs. Bassett, Carroll, Dalton, Elmer, Gunn, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Paterson, Read, Strong, Walker, and Wingate.--16.
So it passed in the negative.
A motion was then made to amend the motion as follows: "And be it enacted by the authority aforesaid, That Congress shall continue to hold their sessions in the city of New York till the first Monday of December, one thousand seven hundred and ninety-two; and, from and after that period, to adjourn to the city of Philadelphia, where Congress shall hold their sessions till the first Monday in December, one thousand eight hundred, and no longer." Upon this amendment to the motion, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton, and Strong.--13.
Nays.--Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--13.
The numbers being equal, the question was, by the Vice President, determined in the negative.
On the question to agree to the original motion, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--13.
Nays.--Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton, and Strong.--13.
The numbers being equal, the question was by the Vice President determined in the negative.
On motion that this bill do pass to the third reading, the further consideration thereof was postponed, by a motion for adjournment.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JUNE 30, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had this day laid before the President of the United States, for his approbation, the enrolled bill, entitled "An act providing the means of intercourse between the United States and foreign nations;" the enrolled bill, entitled "An act for the relief of Nathaniel Twining;" and the enrolled bill, entitled "An act to satisfy the claims of John M'Cord against the United States."
The following written message from the President of the United States, was communicated, by his private Secretary. And he withdrew.
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Gentlemen of the Senate,
and House of Representatives:
An act of the Legislature of the state of Rhode Island and Providence Plantations, for ratifying certain articles as amendments to the constitution of the United States, was yesterday put into my hands; and I have directed my Secretary to lay a copy of the same before you.
G. WASHINGTON.
United States, June 30, 1790.
State of Rhode Island and Providence Plantations.
In General Assembly, June session, A. D. 1790.
An act for ratifying certain articles as amendments to the constitution of the United States of America, and which were proposed by the Congress of the said states, at their session in March, A. D. 1789, to the legislatures of the several states, pursuant to the fifth article of the aforesaid constitution.
Be it enacted by this General Assembly, and by the authority thereof it is hereby enacted, That the following articles, proposed by the Congress of the United States of America, at their session in March, A. D. 1789, to the legislatures of the several states, for ratification, as amendments to the constitution of the said United States, pursuant to the fifth article of the said constitution, be, and the same are hereby, fully assented to and ratified on the part of this state, to wit:
[Here follow all the articles, except the second.]
It is ordered, that his Excellency the Governor be, and he is hereby, requested to transmit to the President of the said United States, under the seal of this state, a copy of this act, to be communicated to the Senate and House of Representatives of the Congress of the said United States.
A true copy, duly examined. Witness,
HENRY WARD,Secretary.
By his Excellency Arthur Fenner, Esq. Governor, Captain General, and Commander in Chief of and over the state,of Rhode Island and Providence Plantations:
Be it known, that Henry Ward, Esq. who hath under his hand certified the annexed paper, purporting an act of the General Assembly of the said state to be a true copy, is Secretary of the said state, duly elected and engaged according to law; therefore, unto his certificate of that matter, full faith is to be rendered.
Given under my hand and the seal of the said state, at Providence, this fifteenth day of June, A.D. 1790, and in the fourteenth year of Independence.
ARTHUR FENNER.
By his Excellency's command,
Henry Ward,Secretary.
Ordered, That the message from the President of the United States, and papers therewith communicated, lie on the files of the Senate.
The Senate resumed the second reading of the bill "to determine the permanent seat of Congress, and the government of the United States."
On motion to re-consider the last paragraph of the bill, which was yesterday struck out:
It passed in the affirmative.
On motion to amend the paragraph to read as follows: "And be it enacted, That, prior to the first Monday in December next, all offices attached to the seat of the government of the United States shall be removed to, and, until the said first Monday in December, in the year one thousand eight hundred, shall remain at, the city of Philadelphia, in the state of Pennsylvania, at which place the session of Congress next ensuing the present shall be held:"
A motion was made to amend the motion to read as follows: "And be it enacted, That Congress shall continue to hold their sessions in the city of New York until the first Monday in December, in the year one thousand seven hundred and ninety-four; and; from and after the said first Monday of December, one thousand seven hundred and ninety-four, Congress shall hold their sessions in the city of Philadelphia, and shall continue there to hold the same until the first Monday of December, one thousand eight hundred."
And, on the question thus to amend the amendment proposed to the bill:
It passed in the negative.
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A motion was then made to amend the motion to read as follows: "And be it enacted, That Congress shall continue to hold their sessions in the city of New york until the first Monday in December, one thousand seven hundred and ninety-two; and from and after the said first Monday of December, one thousand seven hundred and ninety-two, Congress shall hold their sessions in the city of Philadelphia, and shall continue there to hold the same until the first Monday of December, one thousand eight hundred."
And, on the question thus to amend the amendment proposed to the bill:
It passed in the negative.
On the question to agree to the original motion, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Elmer, Gunn, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--14.
Nays.--Messrs. Dalton, Ellsworth Few, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton, and Strong.--12.
So it passed in the affirmative.
On motion to re-consider the following clause of the bill, agreed to yesterday, to wit: "And cause to be borrowed a sum not exceeding one hundred thousand dollars, at an interest not exceeding six per cent.; for payment of which, and re-payment of the principal within twenty years, so much of the duties on impost and tonnage as may be sufficient is hereby pledged and appropriated:"
It passed in the affirmative.
And, on motion to expunge this whole paragraph, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Foster, Henry, Johnson, King, Longdon, Lee, Maclay, Morris, Paterson, Read, Schuyler, Strong, Walker, and Wingate.--10.
Nays.--Messrs. Butler, Few, Gunn, Hawkins, Johnston, Izard, and Stanton.--7.
So it passed in the affirmative.
On the question, Shall this bill pass to the third reading: The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Elmer, Few, Gunn, Hawkins, Henry, Johnston, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--16.
Nays.--Messrs. Dalton, Ellsworth, Foster, Johnson, Izard, King, Paterson, Schuyler, Stanton, and Strong.--10.
So it passed in the affirmative.
Ordered, That this bill be engrossed.
The Senate proceeded to the second reading of the bill, entitled "An act for giving effect to an act, entitled 'An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations."
Ordered, That this bill pass to a third reading.
Mr. Johnston, from the committee appointed June the 24th, to take into consideration the bill, entitled "An act to establish the post-office and post roads within the United States," reported amendments; which were read.
Ordered, That the report lie until to-morrow for consideration.
The Senate proceeded to the second reading of the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states;" and, after progress, the further consideration thereof was postponed until to morrow.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 1, 1790.
The Senate assembled: present as yesterday.
The Senate proceeded to the third reading of the bill, entitled "An act for giving effect to an act entitled 'An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations."
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives of the concurrence of the Senate in this bill.
The Senate proceeded in the second reading of the bill, entitled" An act for the government and regulation of seamen in the merchants' service."
Ordered, That this bill be committed to Messrs. Dalton, Morris, and Langdon.
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The Senate proceeded in the second reading of the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states."
Ordered, That this bill be committed to Messrs. King, Strong, Read, Ellsworth, and Hawkins.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States," to which they desire the concurrence of the Senate;
I am directed to inform the Senate, that the President of the United States has, this day, approved of, and affixed his signature to, the following acts, to wit: "An act providing the means of intercourse between the United States and foreign nations;" "An act for the relief of Nathaniel Twining;" and "An act to satisfy the claims of John M'Cord against the United States." And he withdrew.
Agreeably to the order of the day, the Senate proceeded to the third reading of the engrossed bill "to determine the permanent seat of Congress, and the government of United States."
On motion to strike out these words, in the first enacting clause, "between the mouths of the Eastern Branch and Connogochegue," and insert "within thirty miles of Hancock Town:"
It passed in the negative.
On motion to strike out these words, from the fifth enacting clause of the bill, "the first Monday of December next," and insert "the first Monday in May next;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, Paterson, Schuyler, Stanton, and Strong.--13.
Nays.--Messrs. Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, Langdon, Lee, Maclay, Morris, Read, Walker, and Wingate.--13.
The numbers being equal, the Vice President determined the question in the negative.
A motion was made to restore the following clause, which it was agreed yesterday should be struck out, to wit: "And cause to be borrowed a sum not exceeding one hundred thousand dollars, at an interest not exceeding six per cent.; for payment of which, and repayment of the principal within twenty years, so much of the duties on impost and tonnage as may be sufficient is hereby pledged and appropriated:"
And it passed in the negative.
On the question, Shall this bill pass? The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Elmer, Gunn, Hawkins, Henry, Johnston, Langdon, Lee, Maclay, Morris, Bead, and Walker.--14.
Nays.--Messrs. Dalton, Ellsworth, Few, Foster, Johnson, Izard, King, Paterson, Schuyler, Stanton, Strong, and Wingate.--12.
So it was
Resolved, That this bill do pass, and that the title of it be "An act for establishing the temporary and permanent seat of the government of the United States."
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence therein.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 2, 1790.
The Senate assembled: present as yesterday.
The petition of John Fitch was read, stating sundry improvements which he has made "in applying steam to the purposes of propelling boats or vessels through the water," and requesting "a law in his favor, independent of the general one now in force."
Ordered, That this petition lie on the table.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States;" and the bill, entitled 'An act for giving effect to an act, entitled An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations;" and had found them correct.
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The bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States," was read the first time.
Ordered, That this bill pass to the second reading.
Ordered, That the motion made June the 14th, "that provision shall be made the next session of Congress for loaning to the United States a sum not exceeding twenty-two millions of dollars," he committed to Messrs. Carroll, Lee, Strong, Ellsworth, and Paterson, to report what is proper to be done thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate. And he withdrew.
The Senate proceeded in the second reading of the bill, entitled "An act to regulate trade and intercourse with the Indian tribes."
Ordered, That this bill be committed to Messrs. Hawkins, Few, and Schuyler.
The Vice President affixed his signature to the enrolled bill, entitled "An act to authorize the purchase of a tract of land for the use of the United States," and to the enrolled bill, entitled "An act for giving effect to an act, entitled 'An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations;" and they were delivered to the committee to be laid before the President of the United States for his approbation.
The Senate proceeded in the consideration of the report of the committee on the bill, entitled "An act to establish the post office and post roads within the United States;" and, after progress,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JULY 3, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the consideration of the report of the committee appointed June the 24th, on the bill, entitled "An act to establish the post office and post roads within the United States," and it was agreed to amend the bill accordingly.
Ordered, That this bill pass to the third reading.
Mr King, from the committee appointed July the 1st on the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states," reported amendments.
Ordered, That the consideration of the report be postponed.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 5, 1790.
The Senate assembled: present as on the 3d of July.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act to establish the post office and post roads within the United States."
On motion to restore the first and second paragraphs, ordered to be expunged:
It passed in the negative.
Ordered, That the further consideration of this bill be postponed.
Mr. Wingate reported, from the committee on the bill, entitled "An act to satisfy the claim of the Representatives of David Gould, deceased, against the United States."
Ordered, That the report lie for consideration.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 6, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act to establish the post office and post roads within the United States."
Resolved, That this bill do pass with amendments.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate proceeded to consider the report of the committee on the bill, entitled "An act to provide more effectually for the settlement of the accounts between the
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United States and the individual states," and agreed to amend the bill accordingly.
Ordered, That this bill pass to the third reading.
The Senate proceeded to the consideration of the report of the committee on the bill, entitled "An act to satisfy the claim of the representatives of David Gould, deceased against the United States:" whereupon,
Resolved, That they do not concur in the said bill.
Ordered, That the Secretary acquaint the House of Representatives therewith.
The Senate proceeded to the second reading of the bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States."
Ordered, That this bill pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 7, 1790.
The Senate assembled: present as yesterday.
The Senate proceeded to the third reading of the bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States."
Resolved, That this bill do pass with an amendment.
Ordered, That the Secretary acquaint the House of Representatives therewith, and request their concurrence in the amendment.
The Senate proceeded to the third reading of the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states."
Ordered, That this bill be committed to Messrs. Morris, Schuyler, King, Lee, and Ellsworth.
Mr. Dalton, from the committee appointed on the bill, entitled "An act for the government and regulation of seamen in the merchant's service," reported; which, being read, it was agreed that the bill should be amended accordingly.
Ordered, That this bill pass to the third reading.
Mr. Schuyler, from the committee appointed May the 4th, on the bill, entitled "An act to authorize the issuing of certificates to a certain description of invalid officers," reported: whereupon,
Ordered, That this bill pass to the third reading.
The Senate proceeded to the third reading of the bill last mentioned; and,
Resolved, That they do not concur therein.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 8, 1790.
The Senate assembled: present as yesterday.
The Senate proceeded to the third reading of the bill, entitled "An act for the government and regulation of seamen in the merchants' service."
Resolved, That this bill do pass with amendment.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
A message from the House of Representatives by Mr. Beckley, their Clerk:
Mr. President: I am directed to inform the Senate, that the President of the United States has notified the House of Representatives, that he did, on the 5th of July, approve, and affix his signature to "An act for giving effect to an act, entitled 'An act providing for the enumeration of the inhabitants of the United States,' in respect to the state of Rhode Island and Providence Plantations;" and to "An act to authorize the purchase of a tract of land for the use of the United States." And he withdrew.
Mr. Morris reported, from the committee appointed July the 7th, on the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states;" and it was agreed to amend the bill accordingly.
Ordered, That this bill pass to the third reading.
Mr. Hawkins reported from the committee appointed July the 2d, on the bill, entitled "An act to regulate trade and intercourse with the Indian tribes;" and it was agreed to amend the bill accordingly.
Ordered, That this bill pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 9, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, proceeded to the third reading of the bill, entitled "An act to regulate trade and intercourse with the Indian tribes."
Resolved, That this bill do pass with amendments.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate proceeded to the third reading of the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states."
Resolved, That this bill do pass with amendments.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate proceeded in the second reading of the bill, entitled "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes."
Ordered, That this bill be committed to Messrs. Schuyler, Gunn, and Langdon.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 12, 1790.
The Senate assembled: present as on the 9th of July.
Mr. Carroll reported, from the committee appointed July the 2d, on the motion "That provision shall be made the next session of Congress for loaning to the United States a sum not exceeding twenty-two millions of dollars, in certificates issued by the respective states for services or supplies towards the prosecution of the late war," which report was read; and,
Ordered, That the said report be printed for the consideration of the Senate.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to the amendment of the Senate to the bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States;"
They disagree to the first and second amendments of the Senate to the bill, entitled "An act to establish the Post Office and post roads within the United States;" they disagree to the first amendment in the 11th section, and to the several amendments in the 13th, 23d, 24th, and 31st sections, and agree to all the other amendments proposed by the Senate to the said bill;
They disagree to the third amendment of the Senate to the bill, entitled "An act for the government and regulation of seamen in the merchants' service," and they agree to all the other amendments proposed by the Senate;
They have also passed the bill sent from the Senate for concurrence, entitled "An act for establishing the temporary and permanent seat of the government of the United, States." And he withdrew.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act for establishing the temporary and permanent seat of the government of the United States;" and the enrolled bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States;" and had found them correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to all the amendments proposed by the Senate to the bill, entitled "An act to regulate trade and intercourse with the Indian tribes," except the third, to which they disagree;
The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of the Vice President. And he withdrew.
The Vice President signed the enrolled bill, entitled "An act for establishing the temporary and permanent seat of the government of the United States;" and the enrolled bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States;" and they were delivered to the committee to be laid before the President of the United States, for his approbation.
The Senate proceeded to the consideration of their amendments disagreed to by the House of Representatives, to the bill, entitled "An act to establish the Post Office and post roads within in the United States;" and,
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Resolved, That they insist on their amendment, disagreed to by the House of Representatives; that a conference be desired with such managers as the House of Representatives may appoint, on the disagreeing votes of the two Houses; and that Messrs. Ellsworth, King, and Strong, be managers at the conference on the part of the Senate.
Ordered, That the Secretary acquaint the House of Representatives with this resolution, and request the appointment of managers at the conference, on their, part.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, on the bill, entitled "An act for the government and regulation of seamen in the merchant's service."
Resolved, That they recede from their amendment to this bill.
Ordered, That the Secretary acquaint the House of Representatives with this resolution.
The Senate proceeded to consider their third amendment, disagreed to by the House of Representatives, on the bill, entitled "An act to regulate trade and intercourse with the Indian tribes;" and,
Resolved, That they insist on their amendment to the said bill.
Ordered, That the Secretary acquaint the House of Representatives with this resolution.
Mr. Read, from the committee appointed on the 29th of June, on the bill, entitled "An act imposing duties on the tonnage of ships or vessels," reported the bill without amendment: whereupon,
Ordered, That this bill be now read the third time.
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives of the concurrence of the Senate in this bill.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 13, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Joint Committee on Enrolled Bills, reported, that they did, on the 12th of July, lay before the President of the United States for his approbation, the enrolled bill, entitled "An act for establishing the temporary and permanent seat of the government of the United States;" and the enrolled bill, entitled "An act further to provide for the payment of the invalid pensioners of the United States."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to the proposed conference, on the bill, entitled "An act to establish the post-office and post roads within the United States," and have appointed managers on their part;
They insist on their disagreement to the third amendment proposed by the Senate, to the bill, entitled "An act to regulate trade and intercourse with the Indian tribes," and desire a conference thereon; and, having appointed managers on their part, request the concurrence of the Senate in their appointment of managers at the proposed conference. And he withdrew.
The Senate proceeded to consider the report of he committee appointed July the 2d, on the motion "That provision shall be made the next session of Congress, for loaning to the United States, a sum not exceeding twenty-two millions of dollars;" which report is in the words following:
Whereas a provision for the debt of the respective states by the United States, would be greatly conducive to an orderly, economical, and effectual, arrangement of the public finances; would tend to an equal distribution of burthens among the citizens of the several states; would promote more general justice to the different classes of public creditors, and would serve to give stability to public credit: And whereas the said debts, having been essentially contracted in the prosecution of the late war, it is just that such provision should be made:
Resolved, That a loan be proposed, to the amount of twenty-one millions of dollars, and that subscriptions to the said loan be received at the same times and places by the same persons, and upon the same terms, as in respect to the loan which may be proposed concerning the domestic debt of the United States, subject to the exceptions and qualifications hereafter mentioned. And that the sums which shall be subscribed to the said loan, shall be payable in the principal and interest of the certificates or notes, which, prior to the first day of January last, were issued by the respective states, as acknowledgments or evidences of debts by them respectively owing, and which shall appear, by oath or affirmation, (as the case may be) to have been the property
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of an individual or individuals, or body politic, other than a state, on the said first day of January last. Provided, That no greater sum shall be received in the certificates of any state, than as follows, that is to say:
And provided, That no such certificate shall be received which, from the tenor thereof, or from any public record, act, or document, shall appear, or can be ascertained to have been issued for any purpose other than compensations and expenditures for services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof during the same.
Resolved, That the interest upon the certificates which shall be received in payment of the sums subscribed towards the said loan, shall be computed to the last day of the year one thousand seven hundred and ninety-one inclusively; and the interest upon the stock, which shall be created by virtue of the said loan, shall commence or begin to accrue on the first day of the year one thousand seven hundred and ninety-two, and shall be payable quarter yearly, at the same time, and in like manner, as the interest on the stock to be created by virtue of the loan that may be proposed in the domestic debt of the United States.
Resolved, That, if the whole of the sum allowed to be subscribed in the debt or certificates of any state, as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive from the United States, at the rate of four per centum per annum, upon so much of the said sum as shall not have been so subscribed, in trust for the non-subscribing creditors of such state, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the individual states; and, in case a balance shall then appear in favor of such state, until provision shall be made for the said balance.
But, as certain states have respectively issued their own certificates in exchange for those of the United States, whereby it might happen that interest might be twice payable on the same sums:
Resolved, That the payment of interest, whether to states or to individuals, in respect to the debt of any state, by which such exchange shall have been made, shall be suspended, until it shall appear, to the satisfaction of the Secretary of the Treasury, that certificates issued for that purpose, by such state, have been re-exchanged or redeemed, or until those which shall not have been re-exchanged or redeemed shall be surrendered to the United States.
And, it is further
Resolved, That the faith of the United States be, and the same is hereby, pledged to make like provision for the payment of interest on the amount of the stock arising from subscriptions to the said loan, with the provision which shall be made touching the loan that may be proposed in the domestic debt of the United States; and so much of the debt of each state as shall be subscribed to the said loan, shall be a charge against such state, in account with the United States.
It was agreed that the preamble should be postponed.
A motion was made to amend the first paragraph of the report as follows:
After the word "persons," in the third line, strike out "and upon the same terms as in respect to the loans which may be proposed concerning the domestic debt of the United States;" and insert, after the word, "mentioned," in the 5th line, as follows: "And the subscribers shall receive certificates for the principal and interest of the sum so subscribed, one of which certificates shall purport, that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum equal to two-thirds of
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the said sum so subscribed, bearing an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in such certificate; and, to another certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum equal to twenty-six dollars and eighty-eight cents, on every hundred dollars of the sum so subscribed, which, after the year one thousand eight hundred, shall bear an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding in one year, on account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in such certificate:Provided always, That it shall not be understood that the United States shall be bound, or obliged to redeem, in the proportion aforesaid, but it shall be understood only that they have a right so to do."
On motion to postpone the amendment to take the opinion of the Senate whether the debts of the individual states shall be assumed by the United States.
The motion for postponement passed in the negative.
On motion to postpone the report of the committee to take up the bill, entitled "An act making provision for the debt of the United States:"
It passed in the negative.
On motion to agree to the original amendment, proposed to the report of the committee:
It passed in the negative.
On motion,
Resolved, That the rule prescribed for the second reading of bills, be adopted in considering this report of the committee.
On motion to strike out the words, "twenty-one millions of dollars," in the first paragraph of the report, and that stand a blank:
It passed in the negative.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 14, 1790.
The Senate assembled: present as yesterday.
Proceeded to consider the resolve of the House of Representatives of the 13th of July, proposing a conference on the third amendment of the Senate to the bill entitled "An act to regulate trade and intercourse with the Indian tribes;" and,
Resolved, That the Senate agree to the proposed conference, and that Messrs. Schuyler, Ellsworth, and Strong, be managers thereof on the part of the Senate.
Ordered, That the Secretary communicate this vote of Senate to the House of Representatives.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have disagreed to all the amendments of the Senate to the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states;" they propose a conference on the amendments, and, having appointed managers on their part, desire the concurrence of the Senate in their appointment of managers at the proposed conference. And he withdrew.
The Senate took into consideration the resolve of the House of Representatives of this day, proposing a conference on the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states."
Resolved, That the Senate agree to the conference, and that Messrs. Ellsworth, King, and Lee, be managers thereof on the part of the Senate.
Ordered, That the Secretary communicate this vote of Senate to the House of Representatives.
The Senate resumed the consideration of the report of the committee appointed July the 2d, on the motion "That provision shall be made the next session of Congress for loaning to the United States a sum not exceeding twenty-two millions of dollars."
On motion to agree to the following paragraph of the report:
"Resolved, That a loan be proposed to the amount of twenty-one millions of dollars, and that subscriptions to the said loan be received at the same times and places, by the same persons, and upon the same terms, as in respect to the loans which may be proposed concerning the domestic debt of the United States, subject to the exceptions
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and qualifications hereafter mentioned;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuyler, and Strong.--14.
Nays.--Messrs. Bassett, Few, Foster, Hawkins, Henry, Johnston, Lee, Maclay, Stanton, Walker, and Wingate.--11.
So it passed in the affirmative.
On motion, the paragraph of the report following the above, from the words" and the sums," to the words "January last," inclusive, was agreed to.
A motion was made to add to the paragraph last agreed to, after the words "January last," "and in bills of the new emission money due from the states respectively;" and,
It passed in the negative.
On motion, it was agreed to adopt the clauses of the report in course to the end of the schedule.
On motion to expunge the last paragraph of the first resolve reported, to wit: from the words "and provided," to the word "same," inclusive:
It passed in the negative.
On the question to agree to this paragraph:
It passed in the affirmative.
On motion, it was agreed to adopt the second resolution to the reported words "United States," inclusive.
On motion to amend the third resolution, by striking out these reported words, "at the rate of four per centum per annum," and insert, "an interest of-- per centum per annum, at the same rate as shall be allowed to the domestic creditors of the United States:"
It passed in the negative.
On motion to adopt the third resolution, as follows:
"Resolved, That, if the whole of the sum allowed to be subscribed in the debt or certificates of any state, as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive from the United States, at the rate of four per centum per annum, upon so much of the said sum as shall not have been so subscribed, in trust for the non-subscribing creditors of such state, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to-continue until there shall be a settlement of accounts between the United States and the individual states; and in case a balance shall then appear in favor of such state, until provision shall be made for the said balance;"
The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Ellsworth, Few, Gunn, Hawkins, Henry, Johnson, Johnston, Izard, Lee, Maclay, Read, Stanton, and Walker.--15.
Nays.--Messrs. Butler, Dalton, Elmer, Foster, King, Langdon, Morris, Paterson, Schuyler, Strong, and Wingate.--11.
So it passed in the affirmative.
On motion, the clauses of the report were agreed to, from the words, "But as certain states," to the words "United States" in the fourth resolution.
On motion to expunge these words, in the last resolution, to wit: "From subscriptions to the said loan," and insert the following words in their place, "under this act:"
It passed in the negative.
And, on motion, the last resolution reported by the committee was agreed to.
On motion to agree to the preamble of the report, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuyler, and Strong.--16.
Nays.--Messrs. Bassett, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Stanton, Walker, and Wingate.--10.
So it passed in the affirmative.
On motion that this report, together with the bill entitled "An act making provision for the debt of the United States," be referred to a special committee, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Gunn, Johnson, Izard, King, Morris, Paterson, Schuyler, and Strong.--10.
Nays.--Messrs. Bassett, Carroll, Ellsworth, Elmer, Few, Foster, Hawkins, Henry, Johnson, Langdon, Lee, Maclay, Read, Stanton, Walker, and Wingate.--16.
So it passed in the negative.
Ordered, That the report of the committee pass to another reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 15, 1790.
The Senate assembled: present as yesterday.
The report of the committee on the motion "That provision shall be, made the next session of Congress for loaning to the United States a sum not exceeding twenty-two millions of dollars," was again read, and, together with the bill entitled "An act making provision for the debt of the United States," was committed to Messrs. Butler, Morris, Read, Ellsworth, King, Lee, and Strong.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 16, 1790.
The Senate assembled: present as yesterday.
A message from the President of the United States, by his Secretary:
Mr. President: The President of the United States has, on this day, approved of, and affixed his signature to, the "Act for establishing the temporary and permanent seat of the government of the United States." And he withdrew.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to amend the 'act for the establishment and support of light-houses, beacons, buoys, and public piers;" and,
A resolve, "That, in the opinion of this House, the business now depending before the two Houses, may be finished by Tuesday the 27th instant, and that it will be convenient and proper that an adjournment of the present session of Congress should take place on that day;" in which bill and resolve they desire the concurrence of the Senate;
The President of the United States has notified the House of Representatives, that he has this day approved of, and affixed his signature to, the "Act further to provide for the payment of the invalid pensioners of the United States." And he withdrew.
Ordered, That the bill, entitled "An act to amend the act for the establishment and support of light houses, beacons, buoys, and public piers," be now read the first time.
Ordered, That this bill pass to the second reading.
The resolve of the House of Representatives of this day, that Congress do adjourn on Tuesday the 27th instant, was read.
Ordered, That it lie for consideration.
Mr. Schuyler reported, from the committee appointed July the 9th, on the bill, entitled "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes;" which report was read, and it was agreed that the bill should be amended accordingly.
Ordered, That this bill pass to the third reading.
Mr. Butler, from the committee appointed July the 15th on the bill, entitled "An act making provision for the debt of the United States," and to whom was committed the report of the committee on the motion "That provision shall be made the next session of Congress for loaning to the United States a sum not exceeding twenty-two millions of dollars," reported as follows:
That, having maturely considered all circumstances, they are of opinion that the principal of the domestic debt should be funded agreeable to the third alternative in the report of the Secretary of the Treasury; and that the interest which may be due thereon, including indents, be funded at the rate of three per cent per annum, and that whatever sum the legislature may think proper to assume of the states' debts, be funded at the proportion of two-thirds thereof, agreeable to the third alternative in the Secretary's report, and the other third at three per cent. per annum.
Your committee further recommend that the resolutions for the assumption be added to the funding bill, and the whole made one system.
And it was agreed to adopt this report, except the last clause; and, on the question to agree to the last clause, to wit: Your committee further recommend that the resolutions for the assumption be added to the funding bill, and the whole made one system; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Few, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuyler, and Strong.--15,
Nays.--Messrs. Bassett, Foster, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Stanton, Walker, and Wingate.--11.
It passed in the affirmative, and the report was agreed to.
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Ordered, That the report, committed July the 15th, the report now agreed to, together with the bill, entitled "An act making provision for the debt of the United States," be re-committed, with an instruction to the committee to conform the bill to the principles of the reports.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JULY 17, 1790.
The Senate assembled: present as yesterday.
The petition of Donald Campbell was read, praying for compensation for services and supplies during the late war.
Ordered, That it be committed to Messrs. Wingate, Maclay, and Elmer.
The Senate proceeded to the third reading of the bill, entitled "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes."
Resolved, That this bill do pass with an amendment.
Ordered, That the Secretary communicate this amendment to the House of Representatives, and desire their concurrence therein.
The Senate proceeded to the second reading of the bill, entitled "An act to amend the act for the establishment and support of light-houses, beacons, buoys, and public piers."
Ordered, That this bill pass to the third reading.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the bill, entitled "An act for the government and regulation of seamen in the merchant's service;" and the bill, entitled "An act imposing duties on the tonnage of ships or vessels;" and had found them correct.
Mr. Butler, from the committee to whom was re-committed the bill, entitled "An act making provision for the debt of the United States," reported the bill, amended upon the principles agreed on yesterday.
Ordered, That the bill as amended by the committee, be printed for the consideration of the Senate.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of the Vice President." And he withdrew.
Whereupon, the Vice President signed the enrolled bill, entitled "An act imposing duties on the tonnage of ships or vessels;" and the enrolled bill, entitled "An act for the government and regulation of seamen in the merchants' service;" and they were delivered to the committee to be laid before the President of the United State, for his approbation.
The Senate adjourned until Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JULY 19, 1790.
The Senate assembled: present as on the 17th.
The petition of John F. Amelung was read, praying for "a grant of a certain number of acres of land in that extensive tract which the state of Carolina had ceded to the United States, free of taxes for--years, to build two or three glass-houses upon."
Ordered, That this petition lie on the table.
The Senate proceeded to the third reading of the bill, entitled "An act to amend the act for the establishment and support of light-houses, beacons, buoys, and public piers."
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives therewith.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" and a resolve, providing for the salaries of the clerks in the office of the commissioner of army accounts; to which they desire the concurrence of the Senate;
They have agreed to the amendment proposed by the Senate to the bill, entitled "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes;"
They have passed a bill, entitled "An act making further provision for the payment of the debts of the United States," to which they desire the concurrence of the Senate;
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And they have agreed to the third amendment of the Senate to the bill, entitled "An act to regulate trade and intercourse with the Indian tribes." And he withdrew.
The Senate proceeded to consider the report of the committee to whom was recommitted the bill, entitled "An act making provision for the debt of the United States," and the report thereon; which report being read, it was agreed to amend the hill accordingly.
The Senate proceeded in the third reading of the bill, entitled "An act making provision for the debt of the United States," and agreed to sundry amendments.
On motion further to amend the bill, section third, and provide for funding of the bills of credit issued by the authority of the United States, at the rate of forty for one; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Dalton, Foster, King, Langdon, Morris, Paterson, Schuyler, Strong, and Wingate.--9.
Nays.--Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, Gunn, Hawkins, Henry, Johnston, Izard, Lee, Maclay, Read, Stanton, and Walker.--16.
So it passed in the negative.
On motion to amend the bill, so as that the above mentioned bills of credit be funded at the rate of seventy-five for one:
It passed in the negative.
And it was agreed, line 23d, to strike out "seventy-five," and fund the said bills of credit at the rate of one hundred for one; and to strike out from the original bill the proviso in the third section.
It was agreed to strike out the whole of section fourth, and insert section fourth and fifth amended.
On motion to amend section fourth of the amendment, to read as follows: "And be it further enacted, That, for the whole, or any part of any sum subscribed to the said loan by any person or persons, or body politic, which shall be paid in the principal of the said domestic debt, the subscriber or subscribers shall be entitled to a certificate purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to the sum so paid, bearing interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of seven dollars upon a hundred of the sum mentioned in such certificate: Provided always, That it shall not be understood that the United States shall be bound or obliged to redeem in the proportion aforesaid, but it shall be understood only that they have a right so to do;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Gunn, King, Morris, Paterson, Schuyler, and Walker--6.
Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Read, Stanton, Strong, and Wingate.--19.
So it passed in the negative.
On motion to amend the first clause of the amendment agreed to, section fourth to read thus: "And be it further enacted, That, for the whole or any part of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid in the principal and interest of the said domestic debt," so as to enable the subscribers to the loan to pay their subscriptions ininterest as well asprincipal; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Few, Hawkins, King, Langdon, Morris, Paterson, Schuyler, and Walker.--8.
Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Elmer, Foster, Gunn, Henry, Johnston, Izard, Lee, Maclay, Read, Stanton, Strong, and Wingate.--17.
So it passed in the negative.
On motion to amend the amendment agreed to, so that the fourth section may provide that the second certificate given the subscriber should entitle him to "a sum to be expressed therein, equal to the proportion of thirty-three and one third dollars, instead of twenty-six dollars and eighty-eight cent, upon one hundred of the sum so paid, which, after the year eighteen hundred, shall bear an interest of six per cent.;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Elmer, Henry, King, Langdon, Morris, Paterson, Schuyler, Walker.--9.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth; Few, Foster, Hawkins, Johnston, Izard, Lee, Maclay, Read, Stanton, Strong, Wingate.--15.
So it passed in the negative.
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On motion to amend section fourth of the amendment agreed to, as follows: "And be it further enacted, That, for the whole or any part of any sum subscribed to the said loan, by any person, or persons, or body politic, which shall be paid in the principal of the said domestic debt, the subscriber or subscribers shall be entitled to a certificate purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, the whole of the sam by him, her, or them subscribed, bearing an interest, of four per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of six dollars upon a hundred of the said sum:Provided, That it shall not be understood, that the United States shall be bound, or obliged to redeem, in the proportion aforesaid, but, it shall be understood only that they have a right so to do;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Few, Foster, Hawkins, Johnston, Maclay, Stanton, Wingate.--8.
Nays.--Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Gunn, Henry, Izard, King, Langdon, Lee, Morris, Paterson, Read, Schuyler, Strong, Walker.--17.
So it passed in the negative.
On motion to amend the last clause of the last amendment agreed to, to wit, of section fifth, so as to entitle the subscriber, the any sum subscribed to the said loan, and which shall be paid in the interest of the domestic debt, to a certificate for such sum subscribed, bearing an interest of six per cent.; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs King, Morris, Paterson, Schuyler, Walker.--5.
Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Gunn, Hawkins, Henry, Johnston, Izard, Langdon: Lee, Maclay, Read, Stanton, Strong, Wingate.--20.
So it passed in the negative.
On motion to amend the last clause of the last amendment agreed to, to wit, of section fifth, so as to entitle the subscribers, for any sum subscribed to the said loan, and which shall be paid in the interest of the domestic debt, to a certificate for the sum subscribed, bearing an interest of four per cent.; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs Elmer, Henry, King, Langdon, Morris, Paterson, Schuyler, Walker.--8.
Nays.--Messrs. Bassett, Butler, Carroll, Dalton, Ellsworth, Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Maclay, Read, Stanton, Strong, Wingate.--17.
So it passed in the negative.
Sundry other amendments being agreed to:
Ordered, That the further consideration of this bill be postponed until to-morrow,
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 20, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act to amend the act for the establishment and support of light houses, beacons, buoys, and public piers;" and the enrolled bill, entitled "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes;" and the enrolled bill, entitled "An act to regulate trade and intercourse with the Indian tribes;" and had found them correct.
The Senate agreed to dispense with the rules so far as that the Bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," be referred to Messrs. Morris, Langdon, Dalton, Foster, and Henry, prior to the first reading, to consider and report thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying north-west of the river Ohio, between the Little Miami and Sciota;"
The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate, for the signature of the Vice President:
The President of the United States has notified the House of Representatives, that he has approved of and affixed his signature to "An act imposing duties on the tonnage
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of ships or vessels," and to "An act for the government and regulation of seamen in the merchants' service." And he withdrew.
The Vice President signed the enrolled bill, entitled "An act to amend the act for the establishment and support of light houses, beacons, buoys, and public piers;" the enrolled bill, entitled "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes;" and the enrolled bill, entitled "An act to regulate trade and intercourse with the Indian tribes;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
The Senate proceeded in the third reading of the bill, entitled "An act making provision for the debt of the United States."
On motion to strike out the following sections, reported by the committee:
"Sec. 13. And whereas a provision for the debts of the respective states, by the United States, would be greatly conducive to an orderly, economical, and effectual, arrangement of the public finances:
"Be it, therefore, further enacted, That a loan be proposed to the amount of twenty-one million and five hundred thousand dollars, and that subscriptions to the said loan be received at the same times and places, and by the same persons, as in respect to the loan hereinbefore proposed concerning the domestic debt of the United States. And that the sums, which shall be subscribed to the said loan, shall be payable in the principal and interest of the certificates or notes, which, prior to the first day of January last, were issued by the respective states, as acknowledgments or evidences of debts by them respectively owing: Provided, That no greater stun shall be received in the certificates of any state than as follows, that is to say:
"And provided that no such certificate shall be received, which, from the tenor thereof, or from any public record, act, or document, shall appear, or can be ascertained to have been issued for any purpose other than compensations and expenditures for services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof during the same.
"Sec. 14. And be it further enacted, That, for two-thirds of any sum subscribed to the said loan by any person or persons, or body politic, which shall be paid in the principal and interest of the certificates or notes issued as aforesaid by the respective states, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sam to be expressed therein, equal to two-thirds of the aforesaid two-thirds, bearing an interest of six per centum per annum, payable quarter-yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of seven dollars upon a hundred of the sum mentioned in such certificate; and, to another certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to the proportion of twenty-six dollars and eighty-eight cents upon a hundred of the said two-thirds of such sum so subscribed, which, after the year one thousand eight hundred shall bear an interest of six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding, in one year, on account both of principal and interest, the proportion of seven dollars upon a hundred of the sum mentioned in such certificate; and that, for the remaining third of any sum so subscribed, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein. equal to the said remaining third, bearing an interest
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of three per centum per annum, payable quarter-yearly, and subject to redemption by payment of the sum specified therein, whenever provision shall be made by law for that purpose.
"Sec. 15 And be it further enacted, That the interest upon the certificates which shall be received in payment of the sums subscribed towards the said loan, shall be computed to the last day of the year one thousand seven hundred and ninety-one, inclusively; and the interest upon the stock which shall be created by virtue of the said loan, shall commence or begin to accrue on the first day of the year one thousand seven hundred and ninety-two, and shall be payable quarter-yearly, at the same time, and in like manner, as the interest on the stock to be created by virtue of the loan above proposed in the domestic debt of the United States.
"Sec. 16. And be it further enacted, That, if the whole sum allowed to be subscribed in the debt or certificates of any state, as aforesaid, shall not be subscribed within the time for that purpose limited, such state shall be entitled to receive, and shall receive from the United States, at the rate of four per centum per annum, upon so much of the said sum as shall not have been so subscribed, in trust for the nonsubscribing creditors of such state, who are holders of certificates or notes issued on account of services or supplies towards the prosecution of the late war, and the defence of the United States, or of some part thereof, to be paid in like manner as the interest on the stock which may be created by virtue of the said loan, and to continue until there shall be a settlement of accounts between the United States and the individual states; and in case a balance shall then appear in favor of such state, until provision shall be made for the said balance.
"Sec. 17. But, as certain states have respectively issued their own certificates, in exchange for those of the United States, whereby it might happen that interest might be twice payable on the same sums:
"Be it further enacted, That the payment of interest, whether to states or to individuals, in respect to the debt of any state, by which such exchange shall have been made, shall be suspended, until it shall appear, to the satisfaction of the Secretary of the Treasury, that certificates issued for that purpose by such state, have been re-exchanged or redeemed, or until those which shall not have been re-exchanged or redeemed shall be surrendered to the United States.
"Sec. 18. And be it further enacted, That so much of the debt of each state as shall be subscribed to the said loan, shall be charged against such state, in account with the United States:"
The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Few, Foster, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Stanton, Walker, and Wingate.--12.
Nays.--Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuyler, and Strong.--14.
So it passed in the negative.
Sundry other amendments being agreed to:
Ordered, That the further consideration of this bill be postponed.
The Senate proceeded to the first reading of the bill, entitled, "An act making further provision for the payment of the debts of the United States.
Ordered, That this bill pass to a second reading.
The Senate proceeded to the first reading of the bill, entitled, "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the little Miami and Sciota."
Ordered, That this bill pass to a second reading.
The "Resolve providing for the salaries of the clerks in the office of the commissioner of army accounts" was read; and,
Ordered, to lie for consideration.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 21, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, yesterday, lay before the President of the United States, for his approbation, the enrolled bill, entitled, "An act to amend the act for the establishment and support of light-houses, beacons, buoys, and public piers;" the enrolled bill, entititled, "An act providing
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for holding a treaty or treaties to establish peace with certain Indian tribes;" and the enrolled bill, entitled, "An act to regulate trade and intercourse with the Indian tribes."
The Senate proceeded to the second reading of the bill, entitled, "An act making further provision for the payment of the debts of the United States"
Ordered, That this bill be committed to Messrs. Lee, Izard, Morris, Ellsworth, and Few.
Proceeded to the second reading of the bill, entitled, "An ant to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota."
Ordered, That this bill be committed to Messrs. Lee, Strong, and Ellsworth.
A message from the House of RepreSentatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act concerning consuls and vice consuls of the United States in foreign parts," in which they request the concurrence of the Senate. And he withdrew.
Ordered, That the bill, entitled, "An act concerning consuls and vice consuls of the United States in foreign parts," be now read the first time.
Ordered, That this bill pass to the second reading.
The Senate proceeded in the third reading of the bill, entitled "An act making provision for the debt of the United States."
On the question, "Shall this bill pass as amended?" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dalton, Ellsworth, Elmer, Johnson, Izard, King, Langdon, Morris, Paterson, Read, Schuyler, and Strong.--14.
Nays.--Messrs. Bassett, Few, Foster, Gunn, Hawkins, Henry, Johnston, Lee, Maclay, Stanton, Walker, and Wingate.--12.
So it was
Resolved, That this bill do pass as amended.
Ordered, That the Secretary acquaint the House of Representatives therewith, and desire their concurrence in the amendments.
The Senate proceeded to consider the resolve of the House of Representatives, "providing for the salaries of the clerks in the office of the commissioner of army accounts."
Ordered, That it be committed to Messrs. Wingate, Maclay, and Elmer.
Mr. Ellsworth reported, from the managers on the conference on the amendments of the Senate to the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states."
Ordered, That the report lie for consideration.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JULY 22, 1790.
The Senate assembled: present as yesterday.
Mr. Morris reported, from the committee appointed July the 20th, on the bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels."
Ordered, That the rule be dispensed with, and that this bill be considered as in the second reading; in which, having made progress, the further consideration of it was postponed until to-morrow.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have resolved, that they do insist on their disagreement to some, and recede therefrom to other, amendments proposed by the Senate to the bill, entitled "An set to provide more effectually for the settlement of the accounts between the United States and the individual states;"
The President of the United States has notified the House of Representatives, that he did, on the 22d of July, approve of, and affix his signature to, "An act to regulate trade and intercourse with the Indian tribes;" to "An act providing for holding a treaty or treaties to establish peace with certain Indian tribes;" to "An act to amend the act for the establishment and support of light-houses, beacons, buoys, and public piers;"
I am directed to bring to the Senate sundry papers respecting the hill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels." And he withdrew.
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Mr. Lee, from the committee appointed July the 21st, on the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota," reported the bill without amendment.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 23, 1790.
The Senate assembled: present as yesterday.
Proceeded to consider the resolve of the House of Representatives on the report of the managers of the conference on the disagreeing votes of the two Houses, in the amendments of the Senate to the bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states."
Resolved, That the Senate recede from so much of their amendment, section 1st, as to agree to the amendment of the House of Representatives on the amendment, as follows: after the word "assembled," section 1st, line 2d, "that a board, to consist of three commissioners, be, and hereby is, established, to settle the accounts between the United States and the individual states; and the determination of a majority of the said commissioners, on the claims submitted to them, shall be final and conclusive; and they shall have power to employ such number of clerks as they may find necessary."
That they recede from their first amendment, so far as to restore section 2d of the bill.
That they recede from their amendments to the 3d section, and
From their sixth amendment, and agree to restore the 6th section.
Ordered, That the Secretary acquaint the House of Representatives therewith.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives do adhere to, and insist on, some, and recede from other, amendments of the Senate to the bill, entitled "An act to establish the post office and post roads within the United States." And he withdrew.
Mr. Wingate reported, from the committee appointed July 21st, on the "resolve, providing for the salaries of the clerks in the office of the commissioner of army accounts."
The Senate proceeded in the second reading of the bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels."
Ordered, That this bill be re-committed, for the purpose of making some further amendments.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, JULY 24, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to a resolution for defraying the expence of seals for the supreme and circuit courts of the United States, to which they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the above resolution of the House of Representatives; and,
Resolved, That they concur therein, with an amendment as follows: line 7th strike out "and," and insert, between the words "circuit" and "courts," the words "and district."
Ordered, That the Secretary acquaint the House of Representatives therewith, and request their concurrence in the amendment.
Mr. Ellsworth reported, from the managers on the bill, entitled "An act to establish the post office and post roads within the United States:" whereupon, the Senate proceeded to consider the resolve of the House of Representatives of the 22d of July, adhering to some, insisting on some, and agreeing to other, amendments of the Senate to the said bill.
Resolved, That the Senate adhere to their amendment, section 1st, and 2d, line 1st. to 27th; and recede from their amendments in the 24th and 31st sections, with the exceptions proposed by the House of Representatives, and
That they agree to the amendment proposed by the House of Representatives in the 23d section, with an amendment.
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Ordered, That the Secretary carry a message to the House of Representatives accordingly.
The Senate proceeded in the second reading of the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota."
Ordered, That the further consideration thereof be postponed.
The Senate proceeded to the consideration of the report of the committee on the resolution of the House of Representatives, of the 17th July, to wit: "That the clerks in the office of the commissioner of army accounts are entitled to receive, for their services, a sum not exceeding five hundred dollars; to be paid in the same manner and at the same rate as the salary allowed to the clerks in the Department of Treasury; and that the Auditor and Comptroller be authorized to adjust the accounts of the clerks in the said office, upon the same principles as those of the Treasury Department, agreeably to the appropriation by law;" and,
Resolved, That they concur in the said resolution.
Ordered, That the Secretary communicate their concurrence to the House of Representatives.
Ordered, That the consideration of the bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," be further postponed.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAYS JULY 26, 1790.
The Senate assembled: present as on the 24th, except Mr. Maclay, absent with leave for the remainder of the session.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states," and had found it correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of the Vice President;
The House of Representatives agree to the amendment proposed by the Senate to the resolve "for defraying the expense of seals for the supreme and circuit courts of the United States." And he withdrew.
The Vice President signed the enrolled bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states," and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
The Senate proceeded in the second reading of the bill, entitled "An act concerning consuls and vice-consuls of the United States in foreign parts," and it was referred to Messrs. Morris, King, and Langdon, to consider and report thereon.
The Senate resumed the second reading of the bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on floods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" and, having agreed to sundry amendments,
Ordered, That the rule be dispensed with so far as that this bill have the third reading at this time; in which, having made progress, the further consideration thereof was postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JULY 27, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, yesterday, examine the enrolled "resolve respecting the salaries of the clerks in the office of the commissioner of army accounts," and the enrolled "resolve for defraying the expense of seals for the supreme, circuit, and district courts of the United States," and found them correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to some amendments of
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the Senate to the bill, entitled "An act making provision for the debt of the United States," and have agreed to others with amendments; in which amendments to the amendments, they desire the concurrence of the Senate;
The Speaker of the House of Representatives having signed two enrolled resolves, I am directed to bring them to the Senate for the signature of the Vice President. And he withdrew.
The Vice President signed the enrolled "resolve respecting the salaries of the clerks in the office of the commissioner of army accounts," and the enrolled "resolve for defraying the expense of seals for the supreme, circuit, and district courts of the United States," and they were delivered to the committee, to be laid before the President of the United States, for his approbation.
Mr. Wingate, from the committee on the petition of Donald Campbell, reported.
Ordered, That the report lie on the table.
The Senate proceeded to consider the resolution of the House of Representatives, upon the amendments proposed by the Senate to the bill, entitled "An act making provision for the debt of the United States."
Ordered, That the resolution be printed for the use of the Senate.
The Senate resumed the third reading of the bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" and,
Resolved, That tiffs bill do pass with amendments.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate resumed the second reading of the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota;" and, after debate, the further consideration thereof was postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JULY 28, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, yesterday, lay before the President of the United States, for his approbation, the enrolled bill, entitled "An act to provide more effectually for the settlement of the accounts between the United States and the individual states;" the enrolled "resolve for defraying the expense of seals for the supreme, circuit, and district courts of the United States;" and the enrolled "resolve respecting the salaries of the clerks in the office of the commissioner of army accounts."
The Senate resumed the second reading of the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota."
Ordered, That it be recommitted.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to all the amendments of the Senate to the bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wages, and merchandise, imported into the United States, and on the tonnage of ships or vessels."
They have passed the bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons;" the bill, entitled "An act for the relief of John Stewart and John Davidson;" and the resolution "for allowing to Francis Mentges certain extra expenses, incurred in the public service;" in which hills and resolution they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the resolution of the House of Representatives, of the 24th and 26th of July, and their amendments to the amendments of the Senate, to the bill, entitled "An act making provision for the debt of the United States;" and,
Resolved, That they agree to the first amendment, to wit: line 12th, strike out "seven," and insert "eight:"
This reserves to the United States the power to redeem, at their option, of the sum borrowed, at the rate of eight per cent. per annum.
On motion to agree to the second amendment, to wit: line 17th, strike out "twenty-six
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dollars and eighty-eight cents," and insert "thirty-three dollars and one-third of a dollar:"
This will entitle the subscriber to a second certificate for thirty-three and one-third dollars of the sum subscribed, instead of twenty-six dollars and eighty-eight cents on every hundred; his second, or deferred certificate, to bear an interest of six per cent. after the year 1800; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Elmer, Gunn, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, and Walker.--12.
Nays.--Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Hawkins, Johnston, Lee, Read, Stanton, Strong, and Wingate.--12.
The numbers being equal, the Vice President determined the question in the affirmative.
On motion to disagree to the third amendment, to wit: line 19th, strike out "eight hundred," and insert "seven hundred and ninety-seven:"
This provides that the subscriber shall be entitled to an interest of six per cent. on his deferred certificate, after the year 1797, instead of 1800; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Hawkins, Johnston, Lee, Read, Stanton, Strong. and Wingate.--12.
Nays.--Messrs. Butler, Dalton, Elmer, Gunn, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, and Walker.--12.
The numbers being equal, the Vice President determined the question in favor of the amendment.
The fourth amendment to the amendments, line 23d, strike out "seven," and insert "eight," was agreed to:
This provides that the United States may redeem, by annual payments, on account of principal and interest, at the rate of eight per cent., instead of seven per cent. per annum.
On the question to agree to the fifth amendment, to wit: line 40th, strike out "three," and insert "four:"
This provides that the subscribers shall be entitled to an interest of four, instead of three per cent., for such part of their subscription as they may pay in the arrears of interest, including indents; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Dalton, Henry, King, Langdon, Morris, Paterson, Schuyler, and Walker.--8.
Nays.--Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, Foster, Gunn, Hawkins, Johnston, Izard, Lee, Read, Stanton, Strong, and Wingate.--16.
It passed in the negative.
The sixth amendment to the amendments was agreed to, as follows: "Provided also, and be it further enacted, That, if the total amount of the sums which shall be subscribed to the said loan, in the debt of any state, within the time limited for receiving subscriptions thereto, shall exceed the sum by this act allowed to be subscribed within such state, the certificates and credits granted to the respective subscribers shall bear such proportion to the sums by them respectively subscribed, as the total amount of the said sums shall bear to the whole sum so allowed to be subscribed, in the debt of such state, within the same: and every subscriber to the said loan shall, at the time of subscribing, deposit with the commissioner the certificates or notes to be loaned by him."
The seventh amendment to the amendments was agreed to, to wit: "to the second clause or section, line 13th, strike out "seven," and insert "eight:"
This applies to the assumed debt, and provides that the United States may redeem, by annual payments, on account of principal and interest, at the rate of eight per cent., instead of seven per cent. per annum.
On motion to agree to the eighth amendment, to wit: lines 18th and 19th, strike out "twenty-six dollars and eighty-eight cents," and insert "thirty-three dollars and one-third of a dollar:"
This applies to the assumed part of the debt, and will entitle the subscriber to a second certificate for thirty-three dollars and one third of a dollar per cent., instead of twenty-six dollars and eighty-eight cents on every hundred; the said second certificate to be on interest at six per cent. after the year 1800; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Elmer, Henry, Johnston, Izard, King, Langdon, Morris, Paterson, Schuyler, Strong, and Walker.--13.
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Nays.--Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Lee, Read, Stanton, and Wingate.--11.
It passed in the affirmative.
On motion to agree to the ninth amendment to the amendments, to wit: line 21st, strike out "eight hundred," and insert "seven hundred and ninety-seven:"
This provides, as it applies to the assumed debts, that the subscriber shall be entitled to an interest of six per cent. on the deferred part of the sum subscribed after the year 1797, instead of 1800; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton, Elmer, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, and Strong.--11.
Nays.--Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Johnston, Lee, Read, Stanton, Walker, and Wingate.--13.
It passed in the negative.
On motion to re-consider the third amendment to the amendments of the Senate, the yeas and nays were required by one-fifth of the Senators present;
Yeas.--Messrs Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Hawkins, Johnston, Izard, Lee, Paterson, Read, Stanton, Strong, and Wingate.--16.
Nays.--Messrs. Butler, Gunn, Henry, King, Langdon, Morris, Schuyler, and Walker.--8.
It passed in the affirmative.
On the question to agree to the third amendment of the House of Representatives on the amendments of the Senate, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Gunn, Henry, King, Langdon, Morris, Schuyler, and Walker.--8.
Nays.--Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, Foster, Hawkins, Johnston, Izard, Lee, Paterson, Read, Stanton, Strong, and Wingate.--16.
It passed in the negative.
On motion to agree to the tenth amendment to the amendments, to wit: "line 25th, strike out "seven," and insert "eight:"
This applies to the assumed part of the debt, as the amendment seventh applies to the domestic debt; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Dalton. Elmer, Henry, Izard, King, Langdon, Morris, Paterson, Schuyler, Strong, and Walker.--12.
Nays.--Messrs. Bassett, Carroll, Ellsworth, Few, Foster, Gunn, Hawkins, Johnston, Lee, Read, Stanton, and Wingate.--12.
The numbers being equal, the question was, by the Vice President, determined in the affirmative.
On motion to agree to amendment eleventh, on the amendments of the Senate, to wit: "line 31st, strike out "three," and insert "four:"
This provides, as it applies to the assumed debts, that the subscriber shall be entitled to an interest of four per cent. instead of three per cent. for one third of the sum by him subscribed:
The yeas and nays were required by one fifth of the Senators present:
Yeas.--Messrs. Dalton, Henry, King, Langdon, Morris, Paterson, Schuyler, and Walker.--8.
Nays.--Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Few, Foster, Gunn, Hawkins, Johnston, Izard Lee, Read, Stanton, Strong, and Wingate.--16.
It passed in the negative.
Ordered, That the Secretary communicate to the House of Representatives the proceedings of the Senate upon their amendments to the amendments of the Senate, on the bill last mentioned.
The Senate adjourned to 11 o'clock to-morrow morning.
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Senate Journal --THURSDAY, JULY 29, 1790.
The Senate assembled: present as yesterday.
Ordered, That the bill, entitled "An act for the relief of John Stewart and John Davidson," be now read the first time.
Ordered, That this bill pass to the second reading.
The Senate proceeded to the first reading of the bill, entitled "An act for the
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relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons."
Ordered, That this bill pass to the second reading.
The resolve "for allowing to Francis Mentges certain extra expenses incurred in the public service," was read, and committed to Messrs. Wingate, Elmer, and Stanton, to consider and report what is proper to be done thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have receded from such of their amendments to the amendments of the Senate, as were disagreed to on the bill, entitled "An act making provision for the debt of the United States;"
They have passed the bill, entitled "An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the post office;" and the bill, entitled "An act to compensate Thomas Barclay for various public services," in which they desire the concurrence of the Senate. And he withdrew.
Ordered, That the bill, entitled "An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the post office," be now read the first time.
It was agreed that the rule should be so far dispensed with, as that this bill have the second reading at this time.
Ordered, That this bill pass to the third reading.
The Senate proceeded to the first reading of the bill, entitled "An act to compensate Thomas Barclay for various public services."
Ordered, That this bill pass to the second reading.
The Senate agreed to dispense with the rule so far as that the bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons," be now read the second time.
Ordered, That this bill be committed to Messrs. Schuyler, Gunn, and Bassett.
The Senate agreed to dispense with the rule so far as that the bill, entitled "An act for the relief of John Stewart and John Davidson," be now read the second time.
Ordered, That this bill be committed to Messrs. Dalton, Foster, and Henry.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JULY 30, 1790.
The Senate assembled: present as yesterday.
Mr. Dalton, from the committee, reported the bill, entitled "An act for the relief of John Stewart and John Davidson," without amendment: whereupon,
The Senate proceeded to the third reading of this bill.
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
The Senate proceeded to the third reading of the bill, entitled "An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the post office."
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
The Senate proceeded to the second reading of the bill, entitled "An act to compensate pensate Thomas Barclay for various public services."
Ordered, That it be committed to Messrs. King, Morris, and Langdon.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, AUGUST 2, 1790.
The Senate assembled: present as on the 30th of July.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that, they had examined the enrolled bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" the enrolled bill, entitled "An act for the relief of John Stewart and, John Davidson;" the enrolled bill, entitled "An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the post office;" and, the enrolled bill, entitled "An act making provision for the debt of the United States; and had found them correct.
The petition of Jacob Weed was read, stating that he was employed, during the late
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war, in the department of the commissary general of issues, and praying that his accounts may be settled, the resolution of Congress, passed the 23d day of July, 1787, notwithstanding
Ordered, That this petition be committed to the committee to whom was referred the bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the Service of the United States, and of certain other persons."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of the Vice President. And he withdrew.
The Vice President signed the enrolled bill, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" the enrolled hill, entitled "An act for the relief of John Stewart and John Davidson;" the enrolled bill, entitled "An act to continue in force, for a limited time, an act, entitled 'An act for the temporary establishment of the post office;" and the enrolled bill, entitled "An act making provision for the debt of the United States;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
A letter from the Treasurer of the United States was read, enclosing his quarterly accounts, made up to the 30th of June, 1790
Ordered, That this letter and the enclosures lie for consideration.
Mr. Schuyler reported, from the committee to whom was referred the bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons;" and it was agreed to amend the bill accordingly.
Ordered, That this bill pass to the third reading.
Mr. Schuyler further reported, from the same committee, on the petition of Jacob Weed: whereupon,
Ordered, That this petition be referred to the Secretary of the Treasury, to consider and report thereon.
Mr. Lee, from the committee to whom was referred the bill, entitled "An act making further provision for the payment of the debts of the United States," reported sundry amendments.
Ordered, That the bill, as proposed by the committee to be amended, be printed for the consideration of the Senate.
Mr. King reported, from the committee on the bill, entitled "An act concerning consuls and vice consults of the United States, in foreign parts:" whereupon,
Ordered, That the further consideration of this bill be postponed until the next session.
The Senate adjourned to 11 o'clock to-morrow morning,
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, AUGUST 3, 1790,
The Senate assembled: present as yesterday.
Mr. Wingate, from the Committee on Enrolled Bills, reported, that they did, on the 2d instant, lay before the President of the United States, the enrolled bill, entitled "An act to provide more effectually for the collection of tire duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" the enrolled bill, entitled, "An act for the relief of John Stewart and John Davidson." the enrolled bill, entitled "An act to continue in force, for a limited time, an act, entitled 'An act for the temporary establishment of the post office;" and the enrolled bill, entitled "An act making provision for the debt of the United States."
He further reported, from the committee appointed July the 29th, for allowing to Francis Mentges certain extra expences incurred in the public service:
Which last report was ordered to lie for consideration.
The Senate proceeded in the second reading of the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota," and agreed to expunge the second, third, and fourth sections.
Ordered, That this bill, as amended, pass to the third reading.
Mr. King, from the committee appointed July the 30th, on the bill, entitled "An act to compensate Thomas Barclay for various public services," reported sundry amendments; and the report was ordered to lie for consideration.
The Senate proceeded to consider the report of the committee on the bill, enti
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"An act making further provision for the payment of the debts of the United States," and agreed that it be the order of the day for to-morrow.
The Senate proceeded to the consideration of the report of the committee on the petition of Donald Campbell: whereupon,
Ordered, That this petition be dismissed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, AUGUST 4, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill, entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," in which they desire the concurrence of the Senate;
I am directed to inform the Senate, that the President of the United States has notified the House of Representatives, that he did, on the 2d day of August, 1790, approve of, and affix his signature to, a "resolve making allowance for the service of the clerks employed in the office of the commissioner of army accounts," and to a "resolve to defray the expence of procuring seals for the supreme, circuit, and district courts of the United States;" and, that, on the 4th day of August, 1790, he did approve of, and sign "An act making provision for the debt of the United States;" "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" "An act to continue in force, for a limited time, an act entitled ' An act for the temporary establishment of the post-office;" and, "An act for the relief of John Stewart and John Davidson." And he withdrew.
The Senate proceeded to consider the report of the committee on the bill, entitled "An act making further provision for the payment of the debts of the United States;" and which report is, that the bill be amended to read as follows:
Whereas, by an act, entitled" An act for laying a duty on goods, wares, and merchandises, imported into the United States," divers duties were laid on goods, wares, and merchandise, so imported, for the discharge of the debts of the United States, and the encouragement and protection of manufactures: And whereas the support of government and the discharge of the said debts, render it necessary to increase the said duties:
Sec. 1.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the last day of December next, the duties specified and laid in and by the act aforesaid, shall cease and determine; and that, upon all goods, wares, and merchandise, (not herein particularly excepted) which, after the said day, shall be brought into the United States, from any foreign port or place, there shall be levied, collected, and paid, the several and respective duties following, that is to say:
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All other goods, wares, and merchandise, except bullion, tin in pigs, tin in plates, old pewter, brass, tutenague, iron, and brass wire, copper in plates, saltpetre, plaster of paris, wool, dying woods, and dying drugs, raw hides and skins, furs of every kind, the sea stores of ships or vessels, the clothes, books, household furniture, and the tools or implements of the trade or profession of persons who come to reside in the United States, philosophical apparatus, specially imported for any seminary of learning, all goods intended to be re-exported to a foreign port, or place, in the same ship or vessel in which they shall be imported, and generally all articles of the growth, product, or manufactures of the United States, five per centum ad valorem.
Sec. 2.And be it further enacted, That an addition often per centum shall be made to the several rates of duties above specified and imposed, in respect to all goods, wares, and merchandise, which, after the said last day of December next, shall be imported in ships or vessels not of the United States, except in the cases in which an additional duty is hereinbefore specially laid on any goods, wares, or merchandise, which shall be imported in such ships or vessels.
Sec. 3.And be it further enacted, That all duties, which shall be paid, or secured to be paid, by virtue of this act, shall be returned or discharged in respect to all such goods, wares, or merchandise, whereupon they shall have been so paid, or secured to be paid, as, within twelve calendar months after payment, made, or security given, shall be exported to any foreign port or place, except one per centum on the amount of the said duties, which shall be retained as an indemnification for whatever expence may have accrued concerning the same.
Sec. 4.And be it further enacted, That there shall be allowed and paid, on dried and pickled fish, of the fisheries of the United States, and on other provisions salted within the said states, which, after the said last day of December next, shall be exported therefrom to any foreign port or place, in lieu of a drawback of the duty on the salt which shall have been expended thereupon, according to the following rates, viz:
Sec. 5.And be it further enacted, That, where duties by this act are imposed, or
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drawbacks allowed, on any specific quantity of goods, wares, and merchandise, the same shall be deemed to apply in proportion to any quantity less than such specific quantity.
Sec. 6.And be it further enacted, That all duties, which, by virtue of the act entitled "An act for laying a duty on goods, wares, and merchandises, imported into the United States," accrued between the time specified in the said act for the commencement of the said duties, and the respective times when the collectors entered upon the duties of their respective offices in the several districts, be, and they are hereby, remitted and discharged; and that, in any case in which they may have been paid to the United States, restitution thereof shall be made.
Sec. 7And be it further enacted, That the several duties imposed by this act shall continue to be collected and paid until the debts and purposes for which they are pledged and appropriated shall be fully discharged:Provided, That nothing herein contained shall be construed to prevent the Legislature of the United States from substituting other duties, or taxes of equal value, to any or all of the said duties and imposts.
On motion to amend the report so as that a duty of 6 cents may be collected on every pound of cotton imported, instead of 3 cents:
It passed in the negative.
On motion to amend the report so as that a duty may be collected on every 112 lb, of imported cables and tarred cordage, of 120, instead of 150 cents:
It passed in the negative.
On motion. to amend the report so as that a duty may be collected on every bushel of imported salt, of 8, instead of 12 cents:
It passed in the negative.
On motion to amend the report so as that the drawback on every quintal of dried fish should be 10, instead of 9 cents; and on every barrel of pickled fish and other salted provisions, 10, instead of 9 cents:
It passed in the negative.
And it was agreed to amend the bill as reported by the committee.
Ordered, That this bill, as amended, pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, AUGUST 5, 1790.
The Senate assembled: present as yesterday.
The bill, entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," was read the first time.
Ordered, That this bill pass to the second reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The President of the United States has notified the House of Representatives that he did, on the 5th of August, approve of, and affix his signature to, the "Act to provide more effectually for the settlement of the accounts between the United States and the individual states;"
The House of Representatives have passed the bill, entitled "An act for adding two commissioners to the board established for settling the accounts between the United States and the individual states;" in which they desire the concurrence of the Senate. And he withdrew.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act making further provision for the payment of the debt of the United States."
On motion to reduce the impost duty on every 112 lb. of imported hemp, from 60 to 50 cents:
It passed in the negative.
On motion, it was agreed to reconsider the question, and that the duty on hemp should stand at 54 cents, instead of 60 cents. for every 112 lb. imported.
It was agreed to amend the bill, so as that the impost duty on cables and tarred cordage, for every 112 lb. should stand at 100, instead of 150 cents; and,
On untarred cordage and yarn, for every 112 lb. 150, instead of 180 cents.
On twine and packthread, for every 112 lb. 300, instead of 400 cents.
It was agreed that this clause of the amended bill, to wit: "All goods, wares, and merchandises, (except teas) from China or India, in ships or vessels not of the United States," should be amended and transposed, so as to succeed the word "nankeens,"
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the last of the enumerated articles, as follows: "all goods, wares, and merchandise, imported directly from China, or India, in ships or vessels not of the United States, (teas excepted) 12½ per centum ad valorem."
It was agreed to amend the following clause: and that, on "all Wares of tin, pewter, or copper, all or any of them; medicinal drugs, (except those commonly used in dying carpets and carpeting, all velvets, velverets, satins, and other wrought silks, camorics, muslins, muslinets, lawns, laces, gauzes, chintzes, and colored calicos, and nankeens," an impost duty of 7½, instead of per centum ad valorem, be collected.
It was agreed that the word "undressed," be inserted between the words "skins," and "furs," in the last clause of the first section.
In the fifth section of the amendments, it was agreed to insert, between the words "quantity" and "less," the words "greater or."
It was agreed that the drawback on every quintal of dried fish exported, be 10, instead of 9 cents; and on every barrel of pickled fish, and other salted provisions, exported, 10, instead of 9 cents.
Resolved, That this bill do pass as amended.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate proceeded to the first reading of the bill, entitled "An act for adding two commisssioners to the board established for settling the accounts between the United States and the individual states;"
And the question, whether it shall pass to the second reading, was postponed.
The bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons," was taken into consideration, and it was agreed further to postpone the third reading.
The Senate took into consideration the report of tire committee on the bill, entitled "An act to compensate Thomas Barclay for various public services;" which report is as follows:
Line 3, strike out the word "from," and insert the word "between."
Line 4, strike out the words "one until," and insert the words "and the."
Same line, strike out the word "seven," and insert the word "eight," so that the bill read thus: between the year 1780, and the year 1788.
Strike out line 6th, to line the 9th, these words: "As appointed by the late Congress to that office: On all goods purchased and shipped by him in Holland for the United States, a commission of 2½ per cent.; on the value of all the supplies of goods for the United States, repacked and shipped by him in France and Holland, a commission of 1 per cent:," and insert in their place these words, "in lieu of all commissions for business done on account of the United States, according to the resolution of Congress, of the third day of November, 1780."
Line 10th, between the word "years," and the words "a salary." insert"in addition to his actual expenses for office rent, clerks, stationery, and postage."
Same line, strike out "four," and insert "three."
Same line, strike out "fifteen hundred," and insert "two thousand."
Line 11th, between the words "Morocco," and "the," insert these words, "in addition to his actual expenses in conducting the same."
Line 12th, strike out the word "two," and insert "four."
Same line, strike out "which several allowances shall be exclusive of the account of the private exporters incurred by the said Thomas Barclay, whilst employed as commissioner and agent aforesaid."
And it was agreed to amend the bill as reported by the committee.
Ordered, That this bill, as amended, pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, AUGUST 6, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine;" and the bill, entitled "An act making an appropriation for discharging the claim of Sarah Alexander, the widow of the late Major General Lord Stirling, who died in the service of the United States;" and the resolve "that the President of the Senate and Speaker of the House of Representatives be authorized to close the present session, by adjourning their respective Houses on Tuesday next,"
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to meet again on the first Monday of December next; in which bills and resolve they desire the concurrence of the Senate. And he withdrew.
The resolve of the House of Representatives, proposing an adjournment of the two Houses on Tuesday next, was read, and ordered to lie on the table.
The bill, entitled "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine," was read the first time.
Ordered, That this bill pass to the second reading.
The bill, entitled "An act making an appropriation for discharging the claim of Sarah Alexander, the widow of the late Maj. General Lord Stirling, who died in the service of the United States," was read the first time.
Ordered, That this bill pass to the second reading.
The Senate proceeded to the consideration of the bill, entitled "An act for adding two commissioners to the board established for settling the accounts between the United States and the individual states;" and, on the question,"Shall this bill pass to the second reading.
It passed in the negative.
The Senate proceeded to the third reading of the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota" and,
A motion was made that the following paragraphs should be adopted, in lieu of the three sections stricken out, to wit:
"And whereas the agents for such of the troops of the state of Virginia, who served on the continental establishment, in the army of the United States, during the late war, have reported to the executive of the said state that there is not a sufficiency of good land on the southeasterly side of the over Ohio, and within the limits assigned by the laws of the said state, to satisfy the said troops for the bounty lands due to them in conformity to the said laws: To the intent, therefore, that the difference between what has already been located for the said troops, on the southeasterly side of the said river, and the aggregate of what is due to the whole of the said troops, may be located on the northwesterly side of the said river, and between the Sciota and Little Miami rivers, as stipulated by the said state:
Sec. 2.Be it further enacted, That the Secretary of the Department of War shall snake return to the executive of the state of Virginia, of the names of such of the officers, non-commissioned officers, and privates, of the line of the said state, who served in the army of the United States, on the continental establishment, during the late war, and who, in conformity to the laws of the said state, are entitled to bounty lands; and shall also, in such return, state the aggregate amount in acres due to the said line, by the laws aforesaid.
Sec. 3.And be it further enacted, That it shall, and may be, lawful for the said agents to locate, to and for the use of the said troops, between the rivers Sciota and Little Miami, such a number of acres of good land as shall, together with the number already located between the said two rivers, and the number already located on the southeasterly side of the river Ohio, be equal to the aggregate amount so to be returned as aforesaid by the Secretary for the Department of War.
Sec. 4.Be it further enacted, That the said agents, as soon as may be after the locations, surveys, and allotments are made and completed, shall enter, in regular order, in a book, to be by them provided for that purpose, the bounds of each location and survey between the said two rivers, annexing the name of the officer, non-commissioned officer, or private, originally entitled to each; which entries being certified by the said agents, or the majority of them, to be true entries, the hook containing the same shall be filed in the office of the Secretary of State.
Sec. 5.And be it further enacted, That it shall be lawful for the President of the United States,to cause letters patent to be made out, in such words and form as he shall devise and direct, granting to such person, so originally entitled to bounty lands, to his use, and to the use of his heirs or assigns, or his or their legal representative or representatives, his, her, or their heirs or assigns, the lands designated in the said entries:Provided, always, That, before the seal of the United States shall be affixed to such letters patent, the Secretary for the Department of War shall have endorsed thereon that the grantee therein named was originally entitled to such bounty lands, and that he has examined the bounds thereof with the book of entries filed in the office of the Secretary of State, and finds the same truly inserted; and every such letters patent shall be countersigned by the Secretary of State, and a minute of the date thereof
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and of the name of the grantee, shall be entered of record in his office, in a book to be specially provided, for the purpose.
Sec. 6.And be it further enacted, That it shall be the duty of the Secretary of State, as soon as may be after the letters patent shall be an completed and entered of record, to transmit the same to the executive of the state of Virginia, to be by him delivered to each grantee; or, in case of his death, or that the right of the grantee shall have been legally transferred before such delivery, then to his legal representative or representatives or to one of them.
Sec. 7.And be it further enacted, That no fees shall be charged for such letters patent and record, to the grantees, their heirs, or assigns, or to his or their legal representative or representatives."
Ordered, That the further consideration of this bill be postponed, and that the proposed amendment be printed for consideration.
It was agreed so far to dispense with the rule as that the bill, entitled " An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," be now read the second time.
Ordered, That this bill be committed to Messrs. Foster, Gunn, and Henry, to consider and report thereon.
The Senate proceeded to the third reading of the bill, entitled "An act to compensate Thomas Barclay for various public services."
Resolved, That this bill do pass as amended.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate proceeded to consider the report of the committee on the resolve "for allowing to Francis Mentges certain extra expences incurred in the public service:" whereupon,
Resolved, That the Senate do not concur in the said resolution.
A written message from the President of the United States, was, by his Secretary, communicated to the Vice President. And he withdrew.
Gentlemen of the Senate,
and House of Representatives:
I have directed my Secretary to lay before you a copy of an exemplified copy of a law to ratify, on the part of the state of New Jersey, certain amendments to the constitution of the United States, together with a copy of a letter which accompanied said ratification, from the Hon. Elisha Lawrence, Esq. Vice President of the state of New Jersey, to the President of the United States.
G. WASHINGTON.
United States, August 6, 1790.
Burlington, August 4, 1790.
Sir: I have the honor to transmit an exemplified copy of a law of the state of New Jersey, ratifying certain amendments to the constitution of the United States.
I have the honor to be,
Your most obedient humble servant, ELISHA LAWRENCE.
ThePresidentof the United States.
State of New Jersey
The Hon. Elisha Lawrence, Esq. Vice President, Captain General, and Commander in Chief, in and over the state of New Jersey, and territories thereunto belonging, Chancellor and Ordinary in the same:
To all to whom these presents shall come, greeting:
These are to certify, that Bowes Reeds Esq. whose name is subscribed to the annexed certificate, certifying the annexed law to be a true copy taken from the original, enrolled in his office, is, and was at the time of signing thereof, Secretary of the state of New Jersey, and that full faith is and ought to be due to his attestation as such.
In testimony whereof I have hereunto subscribed my name, and caused the great seal of the state of New Jersey to be hereunto affixed, st the airy of Burlington, the third day of August, in the year of our Lord one thousand seven hundred and ninety, and of our independence the fifteenth.
ELISHA LAWRENCE.
By his honor's command,
Bowes Reed.
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State of New Jersey
An act to ratify, on the part of this state, certain amendments to the constitution of the United States.
Whereas the Congress of the United States, begun and held at the city of New York, on Wednesday, the fourth day of March, one thousand seven hundred and eighty-nine, resolved, two-thirds of both Houses concurring, that sundry articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States; all, or any of which articles, when ratified by three-fourths of the said legislatures, to be valid, to all intents and purposes, as part of the said constitution: And whereas the President of the United States did, in pursuance of a resolve of the Senate arid House of Representatives of the United States of America in Congress assembled, transmit to the Governor of this state the amendments proposed by Congress, which were by him laid before the Legislature, for their consideration: wherefore,
1. Be it enacted by the Council and General Assembly of this state, and, by the authority of the same it is hereby enacted, that the following articles, proposed by Congress in addition to, and amendment of, the constitution of the United States, to wit: [here follow verbatim, the first, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles of the said amendments proposed by Congress to the legislatures of the several states,] be, and the same are hereby, ratified and adopted by the state of New Jersey.
Council Chamber, November 20, 1789.
This bill having been three times read in Council, resolved that the same do pass.
By order of the House,
WIL. LIVINGSTON,President.
House of Assembly, November 18, 1789.
This bill having been three times read in this House, resolved that the same do pass.
By order of the House,
JOHN BEATTY,Speaker.
City of Burlington, State of New Jersey, August 3d, A. D.1790.
These are to certify, that the annexed law is a true copy, taken from the original enrolled in my office.
BOWES REED,Secretary.
Ordered, That the message and enclosures be filed.
The Senate proceeded to consider the report of the committee on the bill entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons;" which report is as follows:
That they have examined the vouchers, documents, or eases, of the several persons for whom provision is intended by the bill, as having been disabled whilst in the service of the United Slates; and, it appears to your committee, that, if they had respectively applied to the commissioners appointed by the several states, in conformity to the acts of the late Congress, they would have received certificates to entitle them to be placed on the list of pensioners: That, in general, for want of information, or through ignorance, they did not apply within the time assigned by the act of the 11th of June, 1788, within which applications were to be made: That, in the opinion of your committee, they are, nevertheless, equitably entitled to the intended relief.
That the relief intended for the other persons in the bill, appears to your committee just and proper.
That your committee are of opinion that similar relief should be extended to the several other persons who were disabled in the service of the United States, as appears from the documents delivered with this report, and therefore, propose the following amendments to the bill:
Sec. 1, line 2d, to strike out "James," and insert "Joseph."
Line 3d, strike out "and," and, after "Steele," insert "Joseph Shuttlief and Daniel Culver."
Line 6th, after the word "discharge," insert "that Edward Scott, a disabled soldier, be allowed a pension, at the rate of three dollars per month, from the date of his discharge. That David Weaver and George Schell, disabled soldiers, be each allowed a pension, at the rate of two dollars per month, from the date of their respective discharges. That Seth Boardman, a disabled soldier, be allowed a pension, at the rate of three dollars and one-third of a dollar per month, from the 17th day of March, 1786.
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That Severenus Koch, a disabled captain of colonel Jacob Klock's regiment of New York militia, be allowed a pension, at the rate of five dollars per month. from the 20th day of August, 1777. That John Younglove, a disabled major of colonel Lewis Van Woort's regiment of New York militia, be allowed a pension, at the rate of six dollars per month, from the 30th day of July, 1781. That William White, a disabled private of colonel Williams' regiment of New York militia, be allowed a pension, at the rate of three dollars and one-third of a dollar per month, from the first day. of April, 1786. That Jacob Newkirk, a disabled soldier of colonel John Harper's regiment of New York state troops, be allowed a pension, at the rate of three dollars per month, from the 22d day of October, 1780."
And it was agreed to amend the bill accordingly; and that the 5th section of the bill be struck out.
Ordered, That this bill pass to the third reading.
Resolved, That this bill do pass as amended.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
It was agreed, by unanimous consent, that the bill, entitled "An act making an appropriation for discharging the claim of Sarah Alexander, the widow of the late Major General Lord Stirling, who died in the service of the United States," be now read the second time.
Ordered, That this bill be committed to Messrs. Schuyler, Butler, and Izard.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, AUGUST 7, 1790.
The Senate assembled: present as yesterday,
And proceeded to the second reading of the bill, entitled "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine."
It was agreed, by unanimous consent, that this bill be now read the third time.
Resolved, That this bill do pass.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
The Senate proceeded to consider the report of the committee on the third reading of the bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota;" which report was amended as follows:
After the word "Ohio," 4th line, insert "according to the act of cession from the said state to the United States;"
And it was agreed to amend the bill in conformity to the report.
Resolved, That this bill do pass as amended.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to the amendments of the Senate to the bill, entitled "An act making further provision for the payment of the debts of the United States," with amendments, to which they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the amendments of the House of Representatives to their amendments on the bill, entitled "An act making further provision for the payment of the debts of the United States" and,
Resolved, That they concur therein.
Ordered, That the Secretary acquaint the House of Representatives therewith.
Mr. Schuyler, from the committee on the bill, entitled "An act making an appropriation for discharging the claim of Sarah Alexander, the widow of the late Major General Lord Stirling, who died in the service of the United States," reported amendments, to wit:
Strike out of the section all subsequent to the word "that," in the second line, and substitute as follows: "The Register of the Treasury shall, and is hereby required to, grant unto Sarah, the widow of the late Major General Earl of Stirling, who died in the service of the United States, a certificate, to entitle her to a sum equal to an annuity for seven years half pay of a Major General; to commence as from the 14th day of January, 1783, in conformity to the act of the late Congress, passed on the 24th
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day of August, 1780; the amount for which the said certificate is to be granted, to be ascertained by the Secretary of the Treasury, and on similar principles as other debt of the United States are liquidated and certified.
And be it further enacted That the said Register shall grant unto Francis Eleanor Laurens, the orphan daughter of the late Lieutenant Colonel John Laurens, who was killed whilst in the service of the United States, a certificate, to entitle her to a sum equal to an annuity for seven years half pay of a Lieutenant Colonel, to commence as from the 25th day of August, 1782, according to the act of the late Congress, of the 24th day of August, 1780; the amount for which the said certificate is to be granted, to be ascertained by the Secretary of the Treasury in manner aforesaid.
And whereas no provision hath heretofore been made for discharging the arrears of pensions due to officers, non-commissioned officers, and soldiers, who were wounded and disabled whilst in the service of the United States: therefore, be it further enacted, That each of the officers, non-commissioned officers, and soldiers, who were so wounded and disabled, and who is now placed in the books in the office of the Secretary of the Department of War, as a pensioner, or to be so placed in conformity to any law of this Congress, shall receive from the Register of the Treasury, (who is hereby required to grant the same,) a certificate, to be liquidated and settled in such manner as the Secretary of the Treasury shall direct, for a sum equal to the pension annually due to him; to commence from the time he became entitled thereto, or from the time to which the same had been paid, as the case may be; which shall be ascertained and certified by the said Secretary for the Department of War, and which annuity shall be liquidated to the 4th day of March, 1789; from which day the United States have assumed the payment of the pensions certificate by the several states: And, in case of the death of any person so entitled, the certificate shall pass to his heirs or legal representative or representatives.
And be it further enacted, That the widow or orphan of each officer, non-commissioned officer, or soldier, who was killed or died whilst in the service of the United of States, and who is now placed on the books in the office of the said Secretary, as entitled to a pension by virtue of any act of the said late Congress, or any law of this Congress, and for whom provision has not been made by any state, and to whom any arrears of such pension are due, and which have arisen prior to the said 4th day of March, 1789, shall receive a certificate therefor, in like manner, and on the same principles, as certificates are by this act directed to be given to officers, non-commissioned officers, and soldiers, wire were wounded or disabled as aforesaid.
Expunge from the title all after the word 'act,' and substitute 'for the relief of the persons therein mentioned or described."
And it was agreed to amend the bill agreeably to the report of the committee.
Ordered, That this bill be now read the third time.
Resolved, That this bill do pass.
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendments to this bill.
The bill for altering the times of holding the courts in South Carolina and Georgia, was read the first time.
It was agreed, by unanimous consent, that this bill be now read the second time.
Ordered, That it pass to the third reading.
On motion to take up the resolution of the House of Representatives, of the 6th of August, to wit: "That the President of the Senate and Speaker of the House of Representatives be authorized to close the present session by adjourning their respective Houses on Tuesday next, to meet again on the first Monday of December next:"
A motion was made to postpone the consideration thereof, to take up the following motion: "That leave be given to bring in a bill to repeal the rift section of an act, entitled "An act for establishing the temporary and permanent seat of the government of the United States;" which passed in the negative, and the consideration of the resolution of the House of Representatives was resumed; and,
Resolved, That the Senate do concur in the resolution of the House of Representatives.
Ordered, That the Secretary acquaint the House of Representatives therewith.
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, AUGUST 9, 1790.
The Senate assembled: present as on the 7th, except Messrs. Bassett, Elmer, Langdon, and Strong, absent with leave.
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Mr. Wingate reported, from the Committee on Enrolled Bills, that they had examined the enrolled bill, entitled "An act making further provision for the payment of the debts of the United States;" and the enrolled bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota;" and the enrolled bill, entitled "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine;" and had found them correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of the Vice President;
The House of Representatives have "resolved, that Messrs. Gilman, White, and Smith, of South Carolina, be a committee, to join with such committee as the Senate shall appoint, to wait on the President of the United States, and notify him of the proposed recess of Congress," they have also passed a bill, entitled "An act for the relief of Adam Caldwell," in which bill and resolution they desire the concurrence of the Senate, and the appointment of a committee on their part;
They have concurred in the amendments of the Senate on the bill, entitled, "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands, lying northwest of the river Ohio, between the Little Miami and Sciota;" they have concurred in the amendments of the Senate on the bill, entitled "An act making an appropriation for discharging the claim of Sarah Alexander, the widow of the late Major General Lord Stirling, who died in the service of the United States;" and in the amendments of the Senate on the bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons." And he withdrew.
The Vice President signed the enrolled bill, entitled "An act making further provision for the payment of the debts of the United States;" the enrolled bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the little Miami and Sciota;" and the enrolled bill, entitled "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
Mr. Foster, from the committee appointed to consider the bill; entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," reported the following amendment:
Strike out the words "for the term of three years from the passing of this act," and in their place insert these words, "until the tenth day of January next."
It was agreed, by unanimous consent, that this bill be now read the third time.
Resolved, That this bill do pass as amended.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendment.
The resolution of the House of Representatives, "that Messrs. Gilman, White, and Smith, of South Carolina, be a committee, to join with such committee as the Senate shall appoint, to wait on the President of the United States, and notify him of the proposed recess of Congress," was read, and ordered to lie for consideration.
The bill for altering the times of holding the courts in South Carolina and Georgia, was read the third time.
Resolved, That this bill do pass, and that the title be "An act to alter the times for holding the circuit courts of the United States in the districts of South Carolina and Georgia."
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
The Senate proceeded to the first reading of the bill, entitled "An act for the relief of Adam Caldwell."
Ordered, That this bill lie for consideration.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to the amendment of the Senate to the bill, entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations;"
They have concurred in the bill, entitled "An act to alter the times for holding the circuit courts of the United States, in the districts of South Carolina and Georgia," with an amendment, in which amendment they desire the concurrence of the Senate:
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They have "resolved that all surveys of lands in the western territory, made under the direction of the late geographer, Thomas Hutchins, be returned to, and perfected by, the Secretary of the Treasury;"
The House of Representatives have also passed a bill, entitled "An act making provision for the reduction of the public debt;" in which bill and resolution they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the amendments of the House of Representatives to the hill, entitled "An act to alter the times for holding the circuit courts the United States in the districts of South Carolina and Georgia;" and,
Resolved That they concur therein.
Ordered That the Secretary acquaint the House of Representatives therewith.
The bill, entitled "An act making provision for the reduction of the public debt," was read the first time.
Ordered, That this bill pass to the second reading, and that it be printed for consideration.
The Senate proceeded to consider the resolution of the House of Representatives of this day, "that all surveys of lands in the western territory, made under the direction of the late geographer, Thomas Hutchins, agreeable to contracts for part of the said lands made with the late board of Treasury, be returned to, and perfected by, the Secretary of the Treasury, so as to complete the said contracts; and that the said Secretary be, and is hereby, authorized to direct the making and completing any other surveys that remain to be made; so as to comply, on the part of the United States, with the several contracts aforesaid, in conformity to the terms thereof;" and,
Resolved, That they concur therein.
Ordered, That the Secretary acquaint the House of Representatives therewith.
Ordered, That the consideration of the resolution of the House of Representatives, proposing a joint committee to wait on the President of the United States, to notify him of the proposed recess of Congress, be postponed.
The Senate adjourned to 11 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, AUGUST 10, 1790.
The Senate assembled: present as yesterday.
Mr. Wingate reported, from the Committee on Enrolled Bills, that they did, yesterday, lay before the President of the United States, for his approbation, the enrolled bill, entitled "An act making further provision for the payment of the debts of the United States;" the enrolled bill, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota;" and the enrolled bill, entitled "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine." That they have this day examined the enrolled bill, entitled "An act to alter the times for holding the circuit courts of the United States, in the districts of South Carolina and Georgia, and providing that the district court of Pennsylvania shall, in future, be held at the city of Philadelphia only;" the enrolled bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons," the enrolled bill, entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations;" and the enrolled bill, entitled "An act for the relief of the persons therein mentioned or described;" and had found them correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The President of the United States has notified the House of Representative, that he hath, on this day, approved of, and affixed his signature to, "An act making further provision for the payment of the debts of the United States;" to "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota;" and to "An act authorizing the Secretary of the Treasury to finish the light-house on Portland Head, in the District of Maine;"
The House of Representatives have passed the bill, entitled "An act making certain appropriations therein mentioned;" in which they desire the concurrence of the Senate;
The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of the Vice President. And he withdrew.
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The Vice President signed the enrolled bill, entitled "An act to alter the times for holding the circuit courts of the United States, in the districts of South Carolina and Georgia, and providing that the district court of Pennsylvania shall, in future, be held at the city of Philadelphia only;" the enrolled bill, entitled "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons;" the enrolled hill, entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations;" and the enrolled bill, entitled "An act for the relief of the persons therein mentioned or described;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The Senate proceeded to the second reading of the bill, entitled "An act making provision for the reduction of the public debt."
On motion that the consideration thereof be postponed:
It passed in the negative.
It was agreed to expunge these words, in the preamble, line 3d, "to the present session;"
And these words, lines 4th and 5th, "by counteracting the purchase thereof by foreigners below its true value, will at the same time;"
And section 2d, line 2, to strike out the words "five commissioners, who shall be."
On motion to expunge these words, section 2d, line 6th, "openly and:"
It passed in the negative.
On motion to insert these words, section 2d, line 10, after "reservations," "and not less than five hundred thousand dollars:"
It passed in the negative.
It was agreed to expunge these words, section 2d, line 12th, "of the product, after the said last day of December next;"
To insert, at the end of section 2d, these words, "and the tonnage of ships or vessels, after the last day of December next;"
To expunge, section 3d, line 4th, the word "commissioners," and insert "five persons, or any three of them;"
To expunge, lines six and seven, the words "by them;"
To amend the proviso to read as follows: "Provided, that out of the interest arising on the debt to be purchased in manner aforesaid, there shall be appropriated and applied a sum not exceeding the rate of eight per centum per annum, on account both of principal and interest, towards the re-payment of the two millions of dollars so to be borrowed."
It was agreed, by unanimous consent, that this bill, as amended, should be read the third time.
Resolved, That this bill do pass as amended.
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendments to this bill.
On motion,
Resolved, That the resolution of the 7th instant, authorizing the President of the Senate and Speaker of the House of Representatives to adjourn their respective Houses on this day, be repealed; and, instead thereof, that they be authorized and directed to adjourn their respective Houses on the 12th instant, to meet again on the first Monday of December next.
Ordered, That the Secretary carry this resolution to the House of Representatives, and desire their concurrence therein.
The Senate resumed the consideration of the resolution of the House of Representatives of the 9th of August, appointing a committee to wait on the President of the United States, and notify him of the proposed recess of Congress; and,
Resolved, That they concur therein, and that Messrs. Izard and Johnston be the committee on the part of the Senate.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in the resolution abovementioned.
The bill, entitled "An act making certain appropriations therein mentioned," was read the first time.
Ordered, That this bill pass to the second reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to the resolution of Senate. to defer the adjournment of the two Houses of Congress to Thursday, the twelfth instant. And he withdrew.
The Committee on Enrolled Bills, did, this day, lay before the President of the United States, for his approbation, the enrolled bill, entitled "An act to alter the times
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for holding the circuit courts of the United States in the districts of South Carolina and Georgia, and providing that the district court of Pennsylvania shall, in future, be held at the city of Philadelphia only;" the enrolled bill, entitled "An act for the relief of disabled soldiers and seamen lately in the service of the United States, and of certain other persons;" the enrolled bill, entitled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantation," and the enrolled bill, entitled "An act for the relief of the persons therein mentioned or described."
The Senate adjourned to 10 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, AUGUST 11, 1790.
The Senate assembled: present as yesterday, except Mr, Wingate.
Mr. Izard, from the committee of both Houses, appointed to notify the President of the United States of the intended adjournment of Congress, reported, that they had Waited on the President of the United States, and informed him that the two Houses of Congress had agreed to adjourn on Thursday, the 12th instant.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to all the amendments of the Senate to the bill, entitled "An act making provision for the reduction of the public debt." And he withdrew
A message from the President of the United States, by his Secretary:
Mr. President: The President of the United States has this day approved of, and affixed his signature to, "An act to alter the times for holding the circuit courts of the United States in the districts of South Carolina and Georgia, and providing that the district court of Pennsylvania shall, in future, be held in the city of Philadelphia only."
On motion,
Ordered, That Mr. Foster be appointed, on the part of the Senate, on the joint committee to examine enrolled bills.
Ordered, That the Secretary acquaint the House of Representatives therewith.
The Senate proceeded to the second reading of the bill, entitled "An act making certain appropriations therein mentioned."
On motion, it was agreed to amend the bill, by the insertion of the following clause, after the word "captivity," in the 7th line: "the sum of forty thousand dollars, towards discharging certain debts contracted by Colonel Timothy Pickering, late Quartermaster General; and which sum was included in the amount of a warrant drawn in his favor by the late Superintendent of the Finances of the United States, and which warrant was not discharged."
It was agreed, by unanimous consent, that this bill, as amended, pass to the third reading.
Resolved, That this bill do pass as amended.
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendment to this bill.
The Senate proceeded to the second reading of the bill, entitled "An act for the relief of Adam Caldwell;" and,
Resolved, That it be postponed to the next session of Congress.
Mr. Foster reported, from the Committee on Enrolled Bills, that they had this day examined the enrolled bill, entitled "An act making certain appropriations therein mentioned;" the enrolled bill, entitled "An act making provision for the reduction of the public debt;" and the enrolled "resolve respecting surveys of lands under the direction of the late geographer, Thomas Hutchins;" and had found them truly enrolled.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to the amendment of the Senate to the bill, entitled "An act making certain appropriations thereto mentioned;"
The Speaker having signed several enrolled bills, and an enrolled resolve, I am directed to bring them to the Senate for the signature of the Vice President. And he withdrew.
Whereupon, the Vice President signed the enrolled bill, entitled "An act making provision toe the reduction of the public debt;" the enrolled bill, entitled "An act making certain appropriations therein mentioned," and the enrolled "resolve respecting surveys of lands under the direction of the late geographer, Thomas Hutchins, and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States.
The Senate adjourned to 9 o'clock to-morrow morning.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, AUGUST 12, 1790.
The Senate assembled: present as yesterday.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did, yesterday, lay before the President of the United States, for his approbation, the enrolled bill, entitled "An act making provision for the reduction of the public debt;" the enrolled bill, entitled "An act making certain appropriations therein mentioned?" and the enrolled "resolve respecting surveys of lands under the direction of the late geographer, Thomas Hutchins."
A message from the House of Representatives, by Mr Beckley, their Clerk:
Mr. President: The President of the United States has notified the House of Representatives that he did, on the 11th instant, approve of, and affix his signature to, "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations;" to "An act for the relief of disabled soldiers and seamen, lately in the service of the United States, and of certain other persons;" and to "An act for the relief of the persons therein mentioned or described;" and that he has, this day, approved of, and affixed his signature to, "An act making provision for the reduction of the public debt;" to "An act making certain appropriations therein mentioned;" and to a "resolve respecting surveys of lands made trader the direction of the late geographer, Thomas Hutchins;"
I am directed to inform the Senate that the House of Representatives, having finished the business before them, are about to adjourn, agreeably to the vote of the two Houses of Congress on Tuesday last. And he withdrew.
On motion,
Resolved, unanimously, That the thanks of the Senate be given to the corporation of the city of New York, for the elegant and convenient accommodations provided for Congress; and that a copy of this resolve be enclosed in the following letter from the Vice President:
New York, August 12, 1790.
Sir: It is with great pleasure, that, in obedience to an order of the Senate of the United States, I have the honor to enclose their resolution of this date, which was unanimously agreed to; and, in behalf of the Senate, I request that you will be pleased to communicate the same to the corporation of this city, and, at the same time, signify to them, that it is the wish of the Senate that the corporation will permit such articles of furniture, &c. now in the City Hall, as have been provided by Congress, to remain for the use of that building.
I am, Sir, your most obedient humble servant,
JOHN ADAMS,
Vice President of the United States
,and President of the Senate.
To the Mayor of the City of New York.
Ordered, That the Secretary acquaint the House of Representatives that the Senate, having finished the legislative business before them, are about to adjourn, agreeably to the vote of both Houses of Congress of the 10th instant.
And the Vice President adjourned the Senate accordingly, to meet on the first Monday in December next.
Attest, SAMUEL A. OTIS,Secretary.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, DECEMBER 6, 1790.
The Senate assembled: present,
John Adams, Vice President of the United States, and President of the Senate.
The Honorable Philemon Dickinson, from the state of New Jersey, produced his credentials, and took his seat in the Senate, in the place of his Excellency Governor Paterson, resigned.
The Honorable James Monroe, appointed by the Legislature of the state of Virginia in the place of the Honorable John Walker, who was appointed by the executive of the said state in the room of the Honorable William Grayson, deceased, produced his credentials, and took his seat in the Senate.
The Vice President administered the oath required by law to Mr. Dickinson and Mr. Monroe, respectively.
A letter was read from his Excellency William Paterson, Governor of the state of New Jersey, communicating the resignation of his appointment to be a Senator of the United States.
Ordered, That the Secretary inform the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, DECEMBER 7, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives is assembled, and ready to proceed to business. And he withdrew.
The petition of James Alexander was read praying that he might be appointed serjeant-at-arms, door-keeper, or messenger.
Ordered, That this petition lie on the table.
Resolved, That Messrs. Langdon and Morris be a committee, on the part of the Senate, with such committee as the House of Representatives may appoint on their part, to inform the President of the United States that a quorum of the two Houses is assembled, and will be ready, in the Senate Chamber, at such time as the President of the United States may appoint, to receive any communications he may be plead to make.
Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have resolved that a committee be appointed, jointly with such committee as the Senate shall appoint, to wait on the President of the United States, and notify him that a quorum of both Houses is assembled. And he withdrew.
The resolution of the House of Representatives was read.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to inform the Senate, that the House of Representatives have disagreed to the resolution of the Senate, of this day, appointing a joint committee to wait on the President of the United States. And he withdrew.
The Senate proceeded to consider the resolution of the House of Representatives, of this day, appointing a committee, "jointly with such committee as the Senate shall appoint, to wait on the President of the United States;" and,
Resolved, That they do concur in the said resolution, and that Messrs. Langdon and Morris be the committee on the part of the Senate.
Ordered, That the Secretary acquaint the House of Representatives of the concurrence of the Senate in this resolution.
Mr. Langdon, from the joint committee appointed to wait on the President of the United States, agreeably to the resolution of the two Houses of this day, reported,
That they had executed the business, and that the President of the United States proposed to-morrow, at 12 o'clock, to meet the two Houses of Congress in the Senate Chamber.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, DECEMBER 8, 1790.
The Senate assembled: present as yesterday, and the honorable Jonathan Elmer, from the state of New Jersey; the Honorable Caleb Strong, from the state of Massachusets; and the Honorable George Read, from the state of Delaware, attended.
A letter from Messrs. Evan Thomas and Andrew Geyer, in behalf of the commissioners of the city and county of Philadelphia, was, by Mr Morris, presented, and read, offering "the county court-house in Philadelphia to the Representatives of the Union, for their accommodation during their residence in the city of Philadelphia."
Ordered, That the Secretary inform the House of Representatives that the Senate are ready to meet them in the Senate Chamber, to receive any communications the President of the United States may be pleased to make to the two Houses of Congress; and that the usual seats will be assigned them.
The House of Representatives having accordingly taken their seats, the President of the United States came into the Senate Chamber, and addressed both Houses of Congress as followeth:
Fellow Citizens of the Senate,
and House of Representatives:
In meeting you again, I feel much satisfaction in being able to repeat my congratulations on the favorable prospects which continue to distinguish our public affairs. The abundant fruits of another year have blessed our country with plenty, and with the means of a flourishing commerce. The progress of public credit is witnessed by
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a considerable rise of American stock abroad as well as at home; and the revenues, allotted for this and other national purposes, have been productive beyond the calculations by which they were regulated. This latter circumstance is the more pleasing, as it is not only a proof of the fertility of our resources, but as it assures us of a further increase of the national respectability and credit; and, let me add, as it bears an honorable testimony to the patriotism and integrity of the mercantile and marine part of our citizens. The punctuality of the former, in discharging their engagements, has been exemplary.
In conforming to the powers vested in me by acts of the last session, a loan, of three millions of florins, towards which some provisional measures had previously taken place, has been completed in Holland. As well the celerity with which it has been filled, as the nature of the terms, (considering the more than ordinary demand for borrowing, created by the situation of Europe,) give a reasonable hope that the further execution of those powers may proceed with advantage and success. The Secretary of the Treasury has my directions to communicate such further particulars as may be requisite for more precise information.
Since your last sessions, I have received communications by which it appears that the district of Kentucky, at present a part of Virginia, has concurred in certain propositions contained in a law of that state; in consequence of which, the district is to become a distinct member of the Union, in case the requisite sanction of Congress be added. For this sanction, application is now made. I shall cause the papers, on this very important transaction, to be laid before you. The liberality and harmony with which it has been conducted will be found to do great honor to both the parties; and, the sentiments of warm attachment to the Union and its present government, expressed by our fellow citizens of Kentucky, cannot fail to add an affectionate concern for their particular welfare to the great national impressions under which you will decide on the case submitted to you.
It has been heretofore known to Congress, that frequent incursions have been made on our frontier settlements by certain banditti of Indians from the northwest side of the Ohio. These, with some of the tribes dwelling on, and near, the Wabash, have of late been particularly active in their depredations; and, being emboldened by the impunity of their crimes, and aided by such parts of the neighboring tribes, as could be seduced to join in their hostilities, or afford them a retreat for their prisoners and plunder, they have, instead of listening to the humane invitations and overtures made on the part of the United States, renewed their violences with fresh alacrity, and greater effect. The lives of a number of valuable citizens have thus been sacrificed, and some of them under circumstances peculiarly shocking; whilst others have been carried into a deplorable captivity.
These aggravated provocations rendered it essential to the safety of the western settlements, that the aggressors should be made sensible that the government of the Union is not less capable of punishing their crimes, than it is disposed to respect their rights and reward their attachments. As this object could not be effected by defensive measures, it became necessary to put in force the act which empowers the President to call out the militia for the protection of the frontiers; and I have, accordingly, authorized an expedition, in which the regular troops in that quarter are combined with such draughts of militia as were deemed sufficient: the event of the measure is yet unknown to me. The Secretary of War is directed to lay before you a statement of the information on which it is founded, as well as an estimate of the expense with which it will be attended.
The disturbed situation of Europe, and particularly the critical posture of the great maritime powers, whilst it ought to make us the more thankful for the general peace and security enjoyed by the United States, reminds us, at the same time, of the circumspection with which it becomes us to preserve these blessings. It requires, also, that we should not overlook the tendency of a war, and even of preparations for a war, among the nations most concerned in active commerce with this country, to abridge the means, and thereby at least enhance the price of transporting its valuable productions to their proper markets. I recommend it to your serious reflections how far, and in what mode, it may be expedient to guard against embarrassments from these contingencies, by such encouragements to our own navigation as will render our commerce and agriculture less dependant on foreign bottoms, which may fail us in the very moments most interesting to both of these great objects. Our fisheries, and the transportation of our own produce, offer us abundant means for guarding ourselves against this evil.
Your attention seems to be not less due to that particular branch of our trade which
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belongs to the Mediterranean. So many circumstances unite in rendering the present state of it distressful to us, that you will not think any deliberations misemployed, which may lead to its relief and protection.
The laws you have already passed, for the establishment of a judiciary system, have opened the doors of justice to all description of persons. You will consider, in your wisdom, whether improvements in that system may yet be made; and, particularly, whether an uniform process of execution, on sentences issuing from the federal courts, be not desirable through all the states.
The patronage of our commerce, of our merchants, and seamen, has called for the appointment of consuls in foreign countries. It seems expedient to regulate by law the exercise of that jurisdiction, and those functions which are permitted them, either by express convention, or by a friendly indulgence, in the places of their residence. The Consular Convention too, with His Most Christian Majesty, has stipulated, in certain cases, the aid of the national authority to his consuls established here. Some legislative provision is requisite to carry these stipulations into full effect.
The establishment of the militia, of a mint, of standards of weights and measures, of the post office and post roads, are subjects which (I presume) you will resume of course, and which are abundantly urged by their own importance.
Gentlemen of the House of Representatives:
The sufficiency of the revenues you have established for the objects to which they are appropriated, leaves no doubt that the residuary provisions will be commensurate to the other objects for which the public faith stands now pledged. Allow me, over, to hope that it will be a favorite policy with you not merely to secure a payment of the interest of the debt funded, but, as far and as fast as the growing resources of the country will permit, to exonerate it of the principal itself. The appropriation you have made of the western lands, explains your dispositions on this subject, and I am persuaded the sooner that valuable fund can be made to contribute, along with other means, to the actual reduction of the public debt, the more salutary will the measure be to every public interest, as well as the more satisfactory to our constituents.
Gentlemen of the Senate,
and House of Representatives:
In pursuing the various and weighty business of the present session, I indulge the fullest persuasion that your consultations will be equally marked with wisdom, and animated by the love of your country. In whatever belongs to my duty, you shall have all the co-operation which an undiminished zeal for its welfare can inspire. It will be happy for us both, and our best reward, if, by a successful administration of our respective trusts, we can make the established government more and more instrumental in promoting the good of our fellow citizens, and more and more the object of their attachment and confidence.
G. WASHINGTON.
United States, December 8, 1790.
The President of the United States having retired, and the two Houses being separated,
Ordered, That Messrs. Ellsworth, King, and Izard, be a committee to prepare and report the draft of an address to the President of the United States, in answer to his speech delivered this day, to both Houses of Congress, in the Senate Chamber.
Ordered, That the speech of the President of the United States, delivered this day, be printed for the use of the Senate.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, DECEMBER 9, 1790.
The Senate assembled: present as yesterday.
Ordered, That the following letter be addressed to the commissioners of the city and county of Philadelphia, in reply to their letter of the 6th of December, addressed to the Senate and House of Representatives of the United States:
Gentlemen:
The Senate have considered the letter that you were pleased to address to the Senate and the House of Representatives, on the 6th instant, and they entertain a proper sense of the respect shown to the general government of the United States, by
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providing so commodious a building as the commissioners of the city and county of Philadelphia have appropriated for the accommodation of the Representatives of the Union, during their residence in this city.
I have the honor to be,
Your most humble servant,
JOHN ADAMS,
Vice President of the United States,
and President of the Senate,
To theCommissionersof the City
and County of Philadelphia.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have resolved that two chaplains of different denominations be appointed to Congress, for the present session; one by each House, who shall interchange weekly. And he withdrew.
Whereupon the Senate proceeded to consider the resolution of the House of Representatives, of this day, for the appointment of two chaplains; and
Resolved, That they do concur therein, and that the Right Rev Dr. William White be appointed on the part of the Senate.
Ordered, That the Secretary communicate the concurrence of the Senate in this resolution to the House of Representatives, together with their proceedings thereon.
A message from the President of the United States, by Mr. Lear, his Secretary; who communicated sundry papers referred to in the President's speech to both Houses of Congress, on the 8th instant. And he withdrew.
Danville, October 4th, 1790.
Sir: By order of Convention, I now enclose to you a copy of the resolutions of Convention, respecting the separation of the district of Kentucky from the state of Virginia; and their address to the President and Congress of the United States.
I have the honor to be, &c.
GEORGE MUTER,
President of the Convention.
ThePresidentof the United States.
District of Kentucky, to wit:
In Convention, July 28th, 1790.
Resolved, That it is expedient for, and the will of, the good people of the District of Kentucky, that the same be erected into an independent state, on the terms and conditions specified in an act of the Virginia assembly, passed the 18th day of December, 1789, entitled "An act concerning the erection of the District of Kentucky into an independent state."
Resolved, That we, the Representatives of the people of Kentucky, duly elected in pursuance of an act of the Legislature of Virginia, passed the 18th day of December, 1789, entitled "An act concerning the erection of the District of Kentucky into an independent state" and now met in convention; having, with full powers, maturely investigated the expediency of the proposed separation on the terms and conditions specified in the above recited act; do, by these presents, and in behalf of the people of Kentucky, accept the terms and conditions, and do declare that, on the June, 1792, the said district of Kentucky shall become a state separate from, and independent of, the government of Virginia, and that the said articles become a solemn compact, binding on the said people.
To the President, and the Honorable the Congress of the United States of America.
The memorial of the Representatives of the people of Kentucky, in Convention assembled, pursuant to an act of the Legislature of Virginia, passed the 18th December, 1789, entitled "An act concerning the erection of the District of Kentucky into an independent state,humbly sheweth:
That the inhabitants of this country are warmly devoted to the American Union, and as firmly attached to the present happy establishment of the federal government, any of the citizens of the United States.
That, migrating from thence, they have, with great hazard and difficulty, effected their present settlements. The hope of increasing numbers could alone have supported the early adventurers under those arduous exertions. They have the satisfaction to find that hope verified. At this day, the population and strength of this country
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render it fully able, in the opinion of your memorialists, to form and support an efficient domestic government.
The inconveniences resulting from its local situation, as a part of Virginia, at first but little felt, have for some time been objects of their most serious attention; which occasioned application to the Legislature of Virginia for redress.
Here your memorialists would acknowledge, with peculiar pleasure, the benevolence of Virginia in permitting them to remove the evils arising from that source, by assuming upon themselves a state of independence.
This they have thought expedient to do, on the terms and conditions stipulated in the above recited act; and fixed on the first day of June, 1792, as the period when the said independence shall commence.
It now remains with the President and the Congress of the United States to sanction these proceedings, by an act of their honorable legislature, prior to the first day of November, 1791, for the purpose of receiving into the federal union the people of Kentucky, by the name of the state of Kentucky.
Should this determination of your memorialists meet the approbation of the general government, they have to call a convention, to form a constitution, subsequent to the act of Congress, and prior to the day fixed for the independence of this country.
When your memorialists reflect on the present comprehensive system of federal government, and when they also recollect the determination of a former Congress on this subject, they are left without a doubt that the object of their wishes will be accomplished.
And your memorialists, as in duty bound, shall forever pray.
GEORGE MUTER,Pr.
Attest,Thomas Todd,Clerk of the C.
A letter from the Secretary of War was communicated to the Vice President, enclosing sundry papers referred to in the President's speech to both Houses of Congress, on the 8th instant, which, being read, were ordered to lie for consideration.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, DECEMBER 10, 1790.
The Senate assembled: present as yesterday.
A letter from Monsieur Beniere, President of the commonalty of Paris, addressed to the President and members of Congress of the United States, with twenty-six copies of a civic eulogy on Benjamin Franklin, pronounced the 21st day of July, 1790, in the name of the commonalty of Paris, by Monsieur L'Abbe Fauchet, was delivered to the Senate, by Mr. Lear, Secretary to the President of the United States. And he withdrew.
Read, and
Ordered, That the letter and copies of the eulogy be sent to the House of Representatives.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have, on their part, appointed the Reverend Doctor Blair, one of the Chaplains to the present Congress. And he withdrew.
Mr. Ellsworth, from the committee appointed to prepare and report the draft of an address to the President of the United States, reported accordingly; and the report being amended was adopted as followeth:
To the President of the United States of America.
We receive, Sir, with particular satisfaction, the communications contained in your speech, which confirm to us the progressive state of the public credit and afford, at the same time, a new proof of the solidity of the foundation on which it rests; and we cheerfully join in the acknowledgment which is due to the probity and patriotism of the mercantile and marine part of our fellow-citizens, whose enlightened attachment to the principles of good government is not less conspicuous in this, than it has been in other important respect.
In confidence that every constitutional preliminary has been observed, we assure you of our disposition to concur, in giving the requisite sanction, to the admission of Kentucky as a distinct member of the Union; in doing which, we shall anticipate happy effects to be expected from the sentiments of attachment towards the Union, and its present government; which have been expressed by the patriotic inhabitants of that district.
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While we regret that the continuance and increase of the hostilities and depredations which have distressed our northwestern frontiers, should have rendered offensive measures necessary, we feel an entire confidence in the sufficiency of the motives which have produced them, and in the wisdom of the dispositions which have been concerted, in pursuance of the powers vested in you; and, whatever may have been the event, we shall cheerfully concur in the provisions which the expedition, that has been undertaken, may require on the part of the legislature, and in any other which the future peace and safety of our frontier settlements may call for.
The critical posture of the European powers will engage a due portion of our attention, and we shall be ready to adopt any measures, which a prudent circumspection may suggest, for the preservation of the blessings of peace. The navigation, and fisheries, of the United States, are objects too interesting not to inspire a disposition to promote them, by all the means which shall appear to us consistent with their natural progress and permanent prosperity.
Impressed with the importance of a free intercourse with the Mediterranean, we shall not think any deliberations misemployed, which may conduce to the adoption proper measures for removing the impediments that obstruct it.
The improvement of the judiciary system, and the other important objects to which you have pointed our attention, will not fail to engage the consideration respectively merit.
In the course of our deliberations, upon every subject, we shall rely upon that co-operation which an undistinguished zeal, and incessant anxiety for the public welfare, on your part, so thoroughly ensure; and, as it is our anxious desire, so it shall be our constant endeavor, to render the established government more and more instrumental in promoting the good of our fellow-citizens, and more and more the object of their attachment and confidence.
Ordered, That the address to the President of the United States, in answer to speech, be presented by the Vice President attended by the Senate, and that committee which reported the address wait on the President and desire to be informed at what time and place he will receive the same.
The Senate adjourned to Monday, at 11 o'clock.
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Senate Journal --MONDAY, DECEMBER 13, 1790.
The Senate assembled: present as on the 10th; and the honorable William S. Johnson, from the state of Connecticut; and the honorable Philip Schuyler, from the state of New York, attended.
Mr. Ellsworth, from the committee appointed on the 10th to wait on the President of the United States, reported,
That it would be agreeable to the President to receive the address of the Senate, in answer to his speech to both Houses, of Congress, on Monday next, at 12 o'clock: whereupon,
The Senate waited on the President of the United States at his own house, and Vice President, in their name, communicated to him the address agreed to on the 10th instant; to which, the President of the United States was pleased to make the following reply:
Gentlemen: These assurances of favorable attention to the subjects I have recommended and of entire confidence in my views, make the impression on me which ought to feel. I thank you for them both, and shall continue to rely much for success of all our measures for the public good, on the aid they will receive from wisdom and integrity of your councils.
G. WASHINGTON.
The Senate returned to the Senate Chamber.
On motion,
Ordered, That the Secretary furnish the members of Senate, from such printers as they may respectively direct, each, three newspapers to be left from time to time during the session, at their several places of abode.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --TUESDAY, DECEMBER 14, 1790.
The Senate assembled: present as yesterday.
A written message from the President of the United States was, by his Secretary, delivered to the Vice President. And he withdrew.
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Gentlemen of the Senate,
and House of Representatives:
Having informed Congress of the expedition which had been directed against certain Indians northwest of the Ohio, I embrace the earliest opportunity of laying; before you the official communications which have been received upon that subject.
G. WASHINGTON.
United States, December 14, 1790.
The message, and communications referred to, being read, were ordered to lie for consideration.
On motion,
Ordered, That Messrs. Schuyler, Monroe, and Johnson, be a committee to consider and report on the papers referred to in the President's speech, relative to the district of Kentucky.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, DECEMBER 15, 1790.
The Senate assembled: present as yesterday; and the honorable Joseph Stanton, jr. from the state of Rhode Island, attended.
Ordered, That Messrs. Langdon, Morris, King, Strong and Ellsworth, be a committee to consider that part of the President's speech which relates to the commerce of the Mediterranean.
The petition of Ann Roberts, widow of colonel Owen Roberts, of South Carolina, mortally wounded at the attack made on the British line at Stony Ferry, 20th June, 1779, was read, praying that she may be allowed the "seven years half-pay of a colonel, as the widow of the aforesaid colonel Roberts; agreeably to an act of Congress of 20th August, 1780,"
Ordered, That this petition lie on the table.
The petition of Samuel Prioleau, jr. was read, praying for compensation for certain buildings pulled down in the town of Charleston, South Carolina, by order of general Lincoln, the materials whereof were converted to the defence of that town during the late war.
Ordered, That the petition lie on the table.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, DECEMBER 16, 1790.
The Senate assembled: present as yesterday.
Ordered, That Messrs. Schuyler, Hawkins, and Ellsworth, be a committee to prepare and bring in a bill supplementary to the act, entitled "An act making further provision for the payment of the debts of the United States."
Mr. Schuyler, from the above mentioned committee, reported a bill, which was read the first time.
Ordered, That this bill pass to the second reading.
Ordered, That Messrs. Ellsworth, Hawkins, and Schuyler, be a committee to take into consideration and report on that part of the President's speech which relates to the appointment of consuls.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --FRIDAY, DECEMBER 17, 1790.
The Senate assembled: present as yesterday; and, the honorable Theodore Foster, from the state of Rhode Island, attended.
Agreeably to the order of the day, the Senate proceeded to the second reading of the hill, "supplementary to the act, entitled 'An act making further provision for the payment of the debts of the United States."
Agreed, by unanimous consent, so far to dispense with the rule, as that this bill now pass to the third reading.
Resolved, That this bill do pass, that it be entitled "An act supplementary to an act, entitled 'An act making further provision for the payment of the debts of the United States," that it be engrossed and carried to the House of Representatives for concurrence therein.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, DECEMBER 20, 1790.
The Senate assembled: present as on the 17th.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," in which they desire the concurrence of the Senate. And he withdrew.
Ordered That this bill be read the first time.
Ordered, That this bill pass to the second reading.
The memorial and remonstrance of the public creditors who are citizens of the commonwealth of Pennsylvania, praying for the revision of "An act making provision for the debt of the United States," was, by Mr. Morris, presented and read.
Ordered, That this memorial lie on the table.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --TUESDAY, DECEMBER 21, 1790.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, proceeded in the second reading of the bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations."
Ordered, That this bill be committed to Messrs. Hawkins, Langdon, and Read.
The Vice President, from the commissioners a appointed by the law passed the last session of Congress," making provision for the reduction of the public debt," communicated the following report:
PHILADELPHIA,December 21st, 1790.
The Vice President of the United States and President of the Senate, the Chief Justice, the Secretary of State, the Secretary of the Treasury, and the Attorney General, respectfully report to the Congress of the United States of America,
That, pursuant to the act, entitled "An act making provision for the reduction of the public debt," they, on the 26th day of August last, convened at the city of New York, and entered upon the execution of the trust thereby reposed in them.
That, in conformity to a resolution agreed upon by them on the 27th, and approved by the President of the United States on the 28th of the said month, they have caused purchases of the said debt to be made, through the agency of Samuel Meredith. Treasurer of the United States, which, on the 6th day of December instant, amounted to two hundred and seventy-eight thousand six hundred and eighty-seven dollars and thirty cents, and for which there have been paid one hundred and fifty-thousand two hundred and thirty-nine dollars and twenty-four cents in specie; as will more particularly appear by a return of the said Samuel Meredith, confirmed by an authenticated copy of his account, settled at the Treasury of the United States, which are herewith submitted, and prayed to be received as part of this report, and in which are specified the places where, the times when, the prices at which, and the persons of whom, the said purchases have been made.
Signed, by order of the board,
JOHN ADAMS.
Treasury Department,
Auditor's Office, Dec. 20, 1790.
I also find that the following purchases have been made by said agent:
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The statement on which this report is founded, and the indents and warrants for indents before mentioned, are herewith transmitted for the decision of the Comptroller of the Treasury thereon.
OLIVER WOLCOTT, jun.Auditor.
To Nicholas Eveleigh, Esq.
Comptroller of the Treasury of the U. States.
Admitted and certified,
NICHOLAS EVELEIGH,Comptroller.
Treasury Department,
Register's Office, December 21, 1790.
The foregoing statement of Samuel Meredith, agent to the trustees named in the act passed on the 12th day of August, 1790, for the reduction of the public debt, his account of moneys received, and purchases made, under the said act, to the sixth instant inclusively, is a true copy of the original transmitted to me by the Comptroller of the Treasury, to be entered in the Treasury books, the said original being filed on record in this office.
JOSEPH NOURSE,Register.
Ordered, That this report lie for consideration.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill sent from the Senate, entitled "An act supplementary to an act, entitled 'An act making further provision for the payment of the debts of the United States." And he withdrew.
A motion being made that it be "resolved, as the opinion of the Senate, that any deviation from the principles of the system contained in the act. entitled "An act making provision for the debt of the United States,' would be dangerous and inexpedient," it was agreed that the consideration hereof be postponed till Thursday next.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, DECEMBER 22, 1790.
The Senate assembled: present as yesterday.
Ordered, That Mr. Foster be of the joint committee on the part of the Senate, with such as the House of Representatives may appoint on their part, to examine Enrolled Bills.
Ordered, That the Secretary desire the concurrence of the House of Representatives in the appointment of a joint committee, for Enrolled Bills, on their part.
A message from the House of Representatives, by Mr. Beckley, their Clerk;
Mr. President: The House of Representatives have agreed to the appointment of a joint committee on their part, for Enrolled Bills. And he withdrew.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --THURSDAY, DECEMBER 23, 1790.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to acquaint the Senate, that the House of Representatives has received a report from the Secretary of State, respecting coins, weights, and measures; and also a report from the Secretary of the Treasury, containing a plan for a national bank; and to bring the said reports in the Senate. And he withdrew.
Ordered, That these communications from the House of Representatives lie for consideration.
Agreeably to the order of the day, the Senate proceeded to consider the motion made on the 21st instant, that it be
Resolved, As the opinion of the Senate, that any deviation from the principles the system contained in the act, entitled "An act making provision for the debt of the United States," would be dangerous and inexpedient.
On motion to postpone this resolution, and substitute the following:
Resolved, That it would be inexpedient to alter the system for funding the debt established during the last session of Congress, and that the petition of Thomas M'Kean and others, stiling themselves a committee of the public creditors of the Commonwealth of Pennsylvania cannot be granted:--
It passed in the affirmative.
And, on the main question, the yeas and nays being required by one fifth of the Senators present, were
Yeas.--Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, Elmer, Few, Foster, Hawkins, Johnson, Johnston, Izard, King, Langdon, Maclay, Read, Schuyler, Stanton, Strong, Wingate.--20.
Nay.--Mr. Morris.--1.
So it was
Resolved, That it would be inexpedient to alter the system for funding the public debt established during the last session of Congress, and that the petition of Thomas M'Kean and others, stiling themselves a committee of the public creditors of the Commonwealth of Pennsylvania cannot be granted.
On motion,
Ordered, That Messrs. Strong, Morris, Schuyler, Butler, and Ellsworth, be a committee to take into consideration the report of the Secretary of the Treasury upon the plan of a national bank, and to prepare a bill upon that subject.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --FRIDAY, DECEMBER 24, 1790.
The Senate assembled: present as yesterday.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill entitled "An act supplementary to an act, entitled 'An act making further provision for the payment of the debts of the United States," and found it correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker having signed an enrolled bill, I am directed to bring it to the Senate;
I am also directed to bring to the Senate, a message from the President of the United States, addressed to both Houses of Congress, with sundry papers referred therein. And he withdrew.
The message from the President of the United States was read, as follows:
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Gentlemen of the Senate,
and House of Representatives:
It appearing, by the report of the Secretary of the Government. northwest of the Ohio, that there are certain cases respecting grants of land within that territory which require the interference of the legislature of the United States, I have directed a copy of said report, and the papers therein referred to, to be laid before you; together with a copy of the report of the Secretary of State upon the same subject.
GEORGE WASHINGTON.
United States, December the 23d, 1790.
The papers referred to in the above recited message were read; and,
Ordered, That the message, and papers accompanying it, lie for consideration.
The Vice President signed the enrolled bill, entitled "An act supplementary to an act, entitled 'An act making further provision for the payment of the debts of the United States," and it was delivered to the committee of enrollment to be laid before the President of the United States.
The Senate adjourned to 11 o'clock on Monday next.
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Senate Journal --MONDAY, DECEMBER 27, 1790.
The Senate assembled: present as on the 24th.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did, on the 24th instant, lay before the President of the United States the enrolled bill, entitled "An act supplementary to an act, entitled 'An act making further provision for the payment of the debts of the United States."
A message from the President of the United States, by Mr. Lear, his Secretary:
Mr. President: I am directed to communicate to the Senate, that the President of the United States has this day approved and signed an act, entitled "An act supplementary to the set, entitled 'An act making further provision for the payment of the debts of the United States." And he withdrew.
Ordered, That the Secretary communicate the message of the President of the United States to the House of Representatives.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, DECEMBER 28, 1790.
The Senate assembled: present as yesterday.
Ordered, That Messrs. Izard, Monroe, Morris, Langdon, and Schuyler, be a committee to take into consideration the report of the Secretary of State, on the uniformity of weights, coins, and measures, and report what is proper to be done thereon.
Mr Hawkins, from the committee appointed to take into consideration the bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," reported an amendment; which report was agreed to.
Ordered, That this bill be recommitted for further amendments, and that Messrs. Morris and Schuyler be added to the committee.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, DECEMBER 29, 1790.
The Senate assembled: present as yesterday.
The memorial of the College of Physicians of the city of Philadelphia, praying that "such heavy duties may be imposed upon all distilled spirits as shall be effectual to restrain their intemperate use in our country;" was presented by Mr. Morris, and read.
Ordered, That this memorial lie on the table.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, DECEMBER 30, 1790.
The Senate assembled: present as yesterday.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
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Gentlemen of the Senate,
and House of Representatives:
I lay before you a report of the Secretary of State, on the subject of the citizens of the United States in captivity at Algiers, that you may provide on their behalf what to you shall seem most expedient.
G. WASHINGTON.
United States, December 30, 1790.
The message and papers communicated were read; and,
Ordered, That they be referred to the committee, appointed on the 15th instant, to consider that part of the President's speech which relates to the commerce of the Mediterranean.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, DECEMBER 31, 1790.
The Senate assembled: present as yesterday.
Ordered, That Messrs. Strong, Ellsworth, and Maclay, be a committee to take into consideration the message from the President of the United States, of the 23d instant, respecting cases of grants of lands in the western territory northwest of the river Ohio, with the papers therein referred to, and report what is proper to be done thereon.
The petition of Col. Henry Laurens was, by Mr. Butler, presented and read, praying compensation for ten thousand bushels of rough rice, supplied the late continental army, as set forth in his petition.
Also, the petition of Col. Henry Laurens, praying that interest may be allowed on the compensation granted to his son, the late Col. Henry Laurens, deceased, whilst acting as special Minister at the court of France.
Ordered, That these petitions lie on the table until Monday next.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 3, 1791.
The Senate assembled: present as on the 31st of December.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to provide for the unlading of ships and vessels in cases of obstruction by ice;" in which they desire the concurrence of the Senate;
I am also directed to bring to the Senate the report and confidential communication, from the Secretary of State. respecting the trade of the United States in the Mediterranean. And he withdrew.
The above mentioned bill was read the first time.
Ordered, That this bill pass to the second reading.
The report of the Secretary of State, respecting the trade of the Mediterranean, was read; and,
Ordered, That it lie for consideration.
The petition of Col. Henry Laurens, that compensation may be allowed him for a quantity of rice supplied the troops of the United States; also, his petition that interest may be allowed on the compensation granted to his son, the late Col. Henry Laurens, deceased, were severally taken into consideration; and,
Ordered, That they lie on the table.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate,
and House of Representatives:
I lay before you a copy of an exemplified copy of an act passed by the Legislature of the state of New Jersey, for vesting in the United States of America the jurisdiction of a lot of land at Sandy Hook, in the county of Monmouth; and a copy of a letter, which accompanied said act, from the Governor of the state of New Jersey to the President of the United States.
G. WASHINGTON.
United States, January 3, 1791.
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New Brunswick, 30th December, 1790.
Sir: I have the honor to transmit an exemplified copy of a statute passed by the Legislature of this state at their last session.
I am, sir, ≈c.
WILLIAM PATERSON.
ThePresidentof the United States.
New Jersey.
William Paterson, Esq. Governor, Captain General, and Commander in Chief, in and over the state of New Jersey, and territories thereunto belonging, Chancellor and Ordinary in the same,
To all to whom these presents shall come:
Know ye, That, among the statutes enrolled in the Secretary's office at Burlington, it is thus contained;
State of New Jersey.
An act for vesting in the United States of America the jurisdiction of a lot of land at Sandy Hook, in the county of Monmouth.
Be it enacted by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That the jurisdiction of this state in and over a lot of land situate at the point of Sandy Hook, in the county of Monmouth, containing four acres, on which a light house and other buildings are erected, shall be, and the same is hereby, ceded to, and vested in, the United States of America forever hereafter.
House of Assembly, November 15th, 1790.
This bill having been three times read in this House,
Resolved, That the same do pass.
By order of the House,
JONATHAN DAYTON,Speaker.
Council Chamber, November 16th, 1790.
This bill having been three times read in Council,
Resolved, That the same do pass.
By order of the House,
WILLIAM PATERSON,President.
All which by the tenor of these presents I have caused to be exemplified: In testimony whereof I have hereunto subscribed my name, and caused the great seal of the state to be affixed, at New Brunswick, the thirtieth day of December, in the year of our Lord one thousand seven hundred and ninety.
WILLIAM PATERSON.
Ordered, That the above recited message, and papers communicated therewith, lie for consideration.
Mr. Strong, from the committee appointed to consider the report of the Secretary of the Treasury, upon the plan of a national bank, reported a bill, which was read the first time.
Ordered, That this bill pass to the second reading, and that one hundred and fifty copies thereof be printed.
Mr. Schuyler, from the committee appointed on that part of the speech of the President of the United States, which referred to the district of Kentucky, reported,
That, it appears to the committee that the General Assembly of the commonwealth of Virginia, did, (upon the application of the inhabitants residing in the district of Kentucky, part of the commonwealth of Virginia, to be separated therefrom, to the intent that the said district might become an independent state, and a member of the Union of the United States of America,) by act of the Legislature, passed on the eighteenth day of December, 1789, entitled "An act concerning the erection of the district of Kentucky into an independent state," assent to the independence of the said district, on certain conditions stipulated and contained in the said act, a printed Copy whereof is herewith submitted:
That, it appears from the papers referred to the consideration of the committee, that a convention of deputies from the several counties in the said district was held, in conformity to the said act, which, in tire name, and in behalf of the people whom they represented, declared it as the will of the said people to be erected into an independent state, on the terms and conditions specified in the said act of the commonwealth of Virginia:
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That, by the memorial of the said convention, to Congress, bearing date the 28th of July, 1790, praying to be received into the Federal Union, by the name of the state of Kentucky, it is declared that the people of the said district "are as warmly devoted to the American Union, and as firmly attached to the present happy establishment of the federal government, as any of the citizens of the United States:"
That, from such information as the committee have been able to procure, the inhabitants resident in the said district are sufficiently numerous for all the purposes of an independent state;
That, from these facts the committee have concluded that it would be proper for Congress to consent that the said district should become an independent state, and admitted as a member of the United States of America, and that a bill should be prepared for that purpose.
And this report was accepted; whereupon,
Ordered, That the committee which made the report be instructed to prepare a bill accordingly.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JANUARY 4, 1791.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for the relief of Shubael Swain," in which they desire the concurrence of the Senate. And he withdrew.
The petition of Shubael Swam was read, praying for the remission of a fine incurred for the breach of the revenue laws, for reasons mentioned in the petition.
Ordered, That the bill, entitled "An act for the relief of Shubael Swain," be now read the first time.
Ordered, That this bill pass to the second reading.
Agreeably to the order of the day, the bill, entitled "An act to provide for the unlading of ships or vessels in cases of obstruction by ice," was read the second time.
Ordered, That this bill pass to the third reading.
The committee to whom was referred that part of the speech of the President of the United States which relates to the district of Kentucky, agreeably to order, reported a ball; which was read the first time, and
Ordered, That this bill pass to the second reading.
The following letter was communicated from the Treasurer of the United States;
Treasury of The United States,
January 3, 1791.
Sir: My accounts having lain a considerable time in the offices for settlement, and being now passed, permit me through you to lay them before the honorable the Senate, and to assure you that
I am, &c.
SAMUEL MEREDITH,
Treasurer of the United States.
TheVice Presidentof the United States.
Ordered, That this letter, and the accounts therein referred to, lie on the table.
The Senate adjourned to 11 o'clock to-morrow
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Senate Journal --WEDNESDAY, JANUARY 5, 1791.
The Senate assembled: present as yesterday.
The Senate proceeded to the third reading of the bill, entitled "An act to provide for the unlading of ships or vessels, in cases of obstruction by ice," and
Resolved, That this bill do pass.
Ordered, That the Secretary communicate to the House of Representatives the concurrence of the Senate in this bill.
Agreeably to the order of the day, the Senate proceeded to the second reading of the bill, providing that the district of Kentucky should become an independent state, and be admitted as a member of the United States of America; and
Ordered, That the further consideration hereof be postponed, and that in the mean time the bill be printed for the consideration of Congress.
The Senate proceeded to the second reading of the bill, entitled "An act for the relief of Shubael Swain," and
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Ordered, That it be committed to Messrs. Morris, Langdon, and Hawkins.
Mr. Hawkins, from the committee appointed to take into consideration the bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations;" reported amendments.
On motion to postpone the consideration of the amendments, to take up the following resolution reported by the committee, to wit:
That it be resolved that the President of the United States be requested to direct an inquiry as to the extent of the obstructions in the river Savannah, and in that leading to the town of Providence in the state of Rhode Island and Providence Plantations; the progress that has been made in their removal, together with a state of facts relative to the objects for which the said acts were passed by the respective states previous to the adoption of the present constitution of the United States, and by which a duty of tonnage is laid on ships and vessels navigating the said rivers:--
It passed in the negative.
The Senate proceeded in the second reading of the bill, and agreed thereto, with the following amendments reported by the committee, to limit the operation thereof to the states of Georgia, and Rhode Island, by inserting these words, line 5th, after the word "force:"
"So far as the same respects the states of Georgia, and Rhode Island and Providence Plantations."
To limit the duration of the act to one year, by striking out, in the same line, "five," and inserting "one;" and to make the word "years," in the same line, singular.
To insert in the title of the bill, after the word "Plantations,"
"So far as the same respects the states of Georgia and Rhode Island and Providence Plantations."
Ordered, That this bill, as amended, pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JANUARY 6, 1791.
The Senate assembled: present as yesterday.
Mr. Strong, from the committee appointed to take into consideration the message from the President of the United States, of the 23d December last, respecting cases of grants of lands in the western territory northwest of the Ohio, reported that a bill be brought in for the purposes mentioned in the report; whereupon,
Ordered, That the same committee be instructed to prepare and report a bill accordingly.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations;" and,
Resolved, That this bill do pass, with the amendments.
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendments.
The bill "to incorporate the subscribers to the bank of--"was read the second time, and the consideration thereof was postponed to Monday next.
Mr. Morris, from the committee appointed to take into consideration the bill, entitled "An act for the relief of Shubael Swain," reported; whereupon,
The Senate proceeded to the third reading of the bill; and,
Resolved, That this bill do not pass.
Mr. Foster, from the Joint Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act to provide for the unlading of ships or vessels, in cases of obstruction by ice," and had found it correct.
Mr. Langdon, from the committee to whom was referred that part of the President's speech which relates to the trade of the Mediterranean, together with the President's message of the 30th of December, and the papers accompanying the same; made report.
Ordered, That the consideration of the report be postponed until to-morrow.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 7, 1791.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, proceeded to the consideration of the report of the committee to whom was referred that part of the speech of the President of the
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United States which relates to the trade of the Mediterranean; together with the President's message of the 30th of December, and the papers accompanying the same; and,
Ordered, That the report lie on the table.
Mr. Strong, from the committee to whom was referred the message of the President of the United States, of the 23d of December ult. reported "a bill for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions;" which bill was read the first time.
Ordered, That this bill pass to the second reading.
A message from the House of RepreSentatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have concurred in the amendments of the Senate to the bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode, Island and Providence Plantations."
The Speaker having signed an enrolled bill, I am directed to bring it to the Senate. And he withdrew.
The Vice President signed the enrolled bill, entitled "An act to provide for the unlading of ships or vessels, in cases of obstruction by ice," and it was delivered to the committee on enrolled bills to be laid before the President of the United States.
Mr. Ellsworth, from the committee appointed to take into consideration that part of the speech of the President of the United States which relates to the appointment of consuls in foreign countries, reported a bill; which was read the first time.
Ordered, That this bill pass to the second reading, and that in the mean time it be printed for the consideration of Congress.
The Senate proceeded in the second reading of the bill, providing "that the district of Kentucky should become an independent state, and be admitted as a member of the United States of America;" and, after progress, the further consideration of the bill was postponed until Tuesday next.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had on this day laid before the President of the United States, the enrolled bill, entitled "An act to provide for the unlading of ships or vessels, in cases of obstruction by ice."
The Senate adjourned to 11 o'clock on Monday next.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 10, 1791.
The Senate assembled: present as on the 7th; and the honorable John Henry, from the state of Maryland, attended.
The Senate proceeded in the second reading of the bill "to incorporate the subscribers to the bank of--;" and, after progress, the further consideration thereof was postponed.
Agreeably to the order of the day, the Senate proceeded to the second reading of the "bill for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions;" and.
Ordered, That this bill pass to the third reading.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations, solar as the same respects the states of Georgia and Rhode Island;" and found it correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate.
The President of the United States has notified the House of Representatives that he did, on the 7th instant, approve, and affix his signature to, "An act to provide for unlading of ships or vessels, in cases of obstruction by ice." And he withdrew.
Whereupon, the Vice President signed the enrolled bill, entitled "An act to continue an act, entitled, 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the states of Georgia and Rhode Island;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JANUARY 11, 1791.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill "for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions;" and,
Resolved, That this bill do pass; that the title thereof be, "An act for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and confirming them in their possessions;" and that this bill be engrossed, and sent to the House of Representatives for their concurrence.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did, yesterday, lay before the President of the United States the enrolled bill, entitled "An act to continue an act, entitled 'An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the states of Georgia and Rhode Island."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The President of the United States has notified the House of Representatives that he did, on the 10th, approve and affix his signature to the act, entitled "An act to continue an act, entitled An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the states of Georgia and Rhode Island." And he withdrew.
The Senate proceeded in the second reading of the "bill to incorporate the subscribers to the bank of--;" and, after progress,
The Senate adjourned until 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JANUARY 12, 1791.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded in the second reading of "the bill to incorporate the subscribers to the bank of--;" and, on motion, it was agreed to postpone the further consideration thereof until to-morrow.
The Senate proceeded to the third reading of the bill "providing that the District of Kentucky should become an independent state, and be admitted as a member of the United States of America;" and,
Resolved, That this bill do pass; that the title thereof be, "An act declaring the consent of Congress that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into the Union, by the name of the state of Kentucky;" that the bill be engrossed, and that the Secretary carry it to the House of Representatives, and desire their concurrence.
The Senate proceeded in the second reading of the "bill concerning consuls and vice consuls;" and, after progress,
Ordered, That it be recommitted to Messrs. Ellsworth, Morris, Schuyler, Hawkins, and King.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JANUARY 13, 1791.
The Senate assembled: present as yesterday.
Several resolutions, and a memorial of the Legislature of the Commonwealth of Virginia, calling the attention of Congress to "An act making provision for the debt of the United States," were, by Mr. Monroe, communicated to the Senate; which; being read,
Ordered, That they lie on the table.
The Senate proceeded in the second reading of "the bill to incorporate the subscribers to the bank of--;" and agreed to fill the blank in the title with these words: "The United States of America."
On motion to limit the term of incorporation to seven years;
A motion was made to extend the term of incorporation to March the 4th, 1815; and on this the yeas and nays being required by one-fifth of tire Senators present, were:
Yeas.--Messrs. Bassett, Dickinson, Ellsworth, Elmer, Johnson, King, Langdon, Morris, Read, Schuyler, and Strong.--11.
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Nays.--Messrs. Butler, Few, Foster, Hawkins, Henry, Johnston, Izard, Maclay, Monroe, and Wingate.--10.
So it passed in the affirmative.
A motion was made to subjoin to the last clause agreed to, as follows: "Provided, nevertheless, that nothing herein contained shall be construed to exclude the right of amending the same, on giving twelve months' notice, from and after the first of January, 1800;" and, after debate, the further consideration hereof was postponed.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 14, 1791.
The Senate assembled: present as yesterday.
Proceeded in the second reading of the bill, "to incorporate the subscribers to the bank of--;" and the question being taken on the motion made yesterday and postponed, to wit: "Provided, nevertheless, that nothing herein contained shall be construed to exclude the right of amending the same, on giving twelve months' notice, from and after the first of January, 1800:"
It passed in the negative.
On motion, it was agreed to re-consider the term of incorporation agreed to yesterday, and limit it to the 4th day of March, 1811; and, having made further progress in the bill,
The Senate adjourned to Monday next, 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 17, 1791.
The Senate assembled: present as on the 14th; and the honorable James Gunn, from the state of Georgia, attended.
The Senate proceeded in the second reading of the "bill to incorporate the subscribers to the bank of--;" and, after progress, the further consideration hereof. was postponed.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate
and House of Representatives:
I lay before you an official statement of the appropriation of ten thousand dollars, granted to defray the contingent expenses of government, by an act of the 26th March, 1790.
A copy of two resolutions of the Legislature of Virginia, and a petition of sundry officers, and assignees of officers and soldiers of the Virginia line on continental establishment, on the subject of bounty lands allotted to them on the northwest side of the Ohio; and
A copy of an act of the Legislature of Maryland, to empower the wardens of the port of Baltimore to levy and collect the duty therein mentioned.
GEO. WASHINGTON.
United States, January 17th, 1791.
Ordered, That the message lie for consideration.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JANUARY 18, 1791.
The Senate assembled: present as yesterday.
A letter was read from the Secretary of State, enclosing "a postscript to the report on measures, weights, and coins, now before Senate;" and,
Ordered, That the letter and enclosure lie for consideration.
The papers referred to in the message of the President of the United States, of the 17th instant, were read; and,
Ordered, To lie for consideration.
The Senate proceeded in the second reading of the "bill to incorporate the subscribers to the bank of--;" and ordered that it be recommitted for further amendments.
Mr. Strong, from the committee to whom was referred the last mentioned bill, reported sundry amendments; which, being asked to,
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The Senate proceeded in the second reading of the bill, and, having amended the came, the further consideration hereof was postponed.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JANUARY 19, 1791.
The Senate assembled: present as yesterday.
A resolution of the directors of the library of Philadelphia was communicated to the Senate, and read, providing "that the President, and members of the Senate and House of Representatives of the United States, shall have free use of the books in the library, in as full and ample manner as if they were members of the company."
The memorial of the surgeons and surgeons' mates in the medical department, during a very considerable part to the late war, praying allowance for depreciation, was, by Mr. Morris, communicated to the Senate; which, being read, was
Ordered, To lie on the table.
The Senate proceeded in the second reading of the "bill to incorporate the subscribers to the bank of--;"
On motion to expunge the 12th section, to wit: "And be it further enacted, That no other bank shall be established, by any future law of the United States, during the continuance of the corporation hereby created; for which the faith of the United States is hereby pledged:"
It passed in the negative.
Ordered That this bill pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JANUARY 20, 1791.
The Senate assembled: present as yesterday;
And proceeded to the third reading of the "bill to incorporate the subscribers to the bank of--," and,
"On motion to reconsider the term of incorporation, and limit it to the year 1801, instead of 1811;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Few, Gunn, Hawkins, Izard, and Monroe.--6.
Nays.--Messrs. Basett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, and Wingate.--16.
So it passed in the negative.
On motion to expunge the 12th section, to wit: "And be it further enacted, That no other hank shall be established, by any future law of the United States, during the continuance of the corporation hereby created; for which the faith of the United States is hereby pledged;" the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Few, Hawkins, Izard, Monroe.--5.
Nays.--Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Gunn, Johnson, Johnston, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, and Wingate.--18.
And it passed in the negative.
Resolved, That this bill do pass; that the title of it be " An act to incorporate the subscribers to the bank of the United States;" that it be engrossed, and that the Secretary carry it to the House of Representatives for concurrence.
A motion was made," That the Secretary furnish any member of the Senate with such extracts from the Executive Journal as he may direct."
Ordered, That the consideration of this motion be postponed until to-morrow.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 21, 1791.
The Senate assembled: present as yesterday;
And the honorable Charles Carroll, from the state of Maryland, attended.
A letter from the Secretary of State was communicated, with sundry enclosures, relative to the American prisoners in Algiers; which, being read,
Ordered, That they be referred to the committee who had under consideration that part of the message from the President of the United States, which refers to the trade of the Mediterranean; and that their report of the sixth of January be recommitted.
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A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have "Ordered, That a committee be appointed, to join a committee of the Senate, to consider and report what time will be proper for the commencement of the next Congress; to the end that timely notice may be given to the members who are to serve for the ensuing two years." And he withdrew.
The order of the House of Representatives was read, and agreed to, and
Ordered, That Messrs. Strong, Izard, and Ellsworth, be of the joint committee on the part of the Senate; and that the Secretary communicate this appointment to the House of Representatives.
The memorial of tits merchants of Philadelphia, trading to India and China, praying "such encouragement and protection as in their wisdom Congress shall deem expedient," was, by Mr. Morris, presented and read; and
Ordered, That it lie for consideration.
The Senate resumed the consideration of the motion made yesterday, to wit: "That the Secretary furnish any member of Senate with such extracts from the Executive Journal as he may direct;" and it was agreed to amend the motion to read as follows:
"Resolved, That the Secretary do furnish the members of Senate, when required, with extracts of such parts of the Executive Journal as are not, by vote of the Senate, considered secret;" and it was agreed that the motion be committed to Messrs. Ellsworth, Gunn, and King.
Ordered, That the Secretary do furnish Mr. Gunn with an attested copy of sundry extracts from the records of Senate, when acting in their executive capacity.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 24, 1790.
The Senate assembled: present as on the 21st.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate and
House of Representatives:
I lay before you a statement relative to the frontiers of the United States, which have been submitted to me by the Secretary for the Department of War.
I rely upon your wisdom to make such arrangements as may be essential for the preservation of good order, and the effectual protection of the frontiers.
G. WASHINGTON.
United States, January 24, 1791.
Ordered, That the Secretary communicate the message, and papers accompanying it, to the House of Representatives.
Another written message from the President of the United States was communicated by his Secretary; which is as follows:
Gentlemen of the Senate,
and House of Representatives:
In execution of the powers with which Congress were pleased to invest me, by their act, entitled "An act for establishing the temporary and permanent seat of government of the United States;" and, on mature consideration of the advantages and disadvantages of the several positions within the limits prescribed by the said act, I have, by a proclamation hearing date this day, (a copy of which is herewith transmitted,) directed commissioners, appointed in pursuance of the act, to survey and limit a part of the territory of ten miles square, on both sides of the river Potomac, so as to comprehend Georgetown, in Maryland, and extend to the Eastern Branch.
I have not, by this first act, given to the said territory the whole extent of which it ia susceptible in the direction of the river; because I thought it important that Congress should have an opportunity of considering whether by an amendatory law they would authorize the location of the residue, at the lower end of the present, so as to comprehend the Eastern Branch itself and come of the country on its lower side, in the state of Maryland, and the town of Alexandria, in Virginia: If, however. they are of opinion, that the federal territory should be bounded by the water edge of the Eastern Branch, the location of the residue will be to he made at the upper end of what is now directed.
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I have thought best to await a survey of the territory, before it is decided on what particular spot, on the northeastern side of the river, the public buildings shall be erected.
G. WASHINGTON.
United States, January 24, 1791.
Ordered, That this message lie for consideration.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, JANUARY 25, 1791.
The Senate assembled: present as yesterday.
Mr. Strong reported, from the joint committee appointed on the 21st instant, "to consider and report what time will be proper for the commencement of the next Congress."
Ordered, That the report lie for consideration.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, JANUARY 26, 1791.
The Senate assembled: present as yesterday.
The petition of Albert Roux, late a captain in the second continental regiment of South Carolina, praying compensation for services, was read; and
Ordered, That it be referred to the Secretary of War, to report thereon to the Senate.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary, And he withdrew.
Gentlemen of the Senate,
and House of Representatives:
I lay before you the copy of a letters from the President of the National Assembly of France to the President of the United States; and of a decree of that assembly, which was transmitted with the above mentioned letter.
G. WASHINGTON.
United States, January 26, 1791.
The message and papers were read.
Mr. Ellsworth, from the committee to whom was referred the bill "concerning consuls and vice consuls," reported amendments; which report was agreed to: whereupon,
The Senate proceeded in the second reading of the bill; which was amended conformably to the report; and,
Ordered, That this bill pass to the third reading.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, JANUARY 27, 1791.
The Senate assembled: present as yesterday.
Agreeably to the order of the day, the Senate proceeded to the third reading of the bill "concerning consuls and vice consuls;" and,
Resolved, That this bill do pass; that the title thereof be, "An act concerning consuls and vice consuls;" that it be engrossed, and that the Secretary carry it to the House of Representatives, and desire concurrence therein.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate,
and House of Representatives.
In order that you may be fully informed of the situation of the frontiers; and the prospects of hostility in that quarter, I lay before you the intelligence some recent depreciations, received since my message to you upon this subject of the 24th instant.
G. WASHINGTON.
United States, January 27, 1791.
The message and papers therein referred to were read; and,
Ordered, That the Secretary communicate them to the House of Representatives.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, JANUARY 28, 1791.
The Senate assembled: present as yesterday.
The petition of a number of the inhabitants of the county of Lancaster was read, praying that the bill laying an execise on spirituous liquors, pending before Congress, may not pass, for reasons therein expressed.
Ordered, That the petition lie on the table.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same," in which they desire the concurrence of the Senate. And he withdrew.
Ordered, That this bill have the first reading at this time.
Ordered, That this bill pass to the second reading; and that, in the mean time, it be printed for the use of the Senate.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill, entitled "An act declaring the consent of Congress that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into this Union, by the name of the state of Kentucky. And he withdrew.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, JANUARY 31, 1791.
The Senate assembled: present as on the 28th.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act declaring the consent of Congress that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into this Union, by the name of the state of Kentucky," and found it correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland;" in which they desire the concurrence of the Senate.
The House of Representatives have agreed to the report of the committee appointed on their part to confer with the committee on the part of the Senate, respecting the time for the commencement of the next session of Congress.
The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate. And he withdrew.
The Vice President signed the enrolled bill, entitled "An act declaring the consent of Congress that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into this Union, by the name of the state of Kentucky;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The resolution of the House of Representatives, agreeing to the report of the committee appointed to confer with the committee of the Senate, on the time for the commencement of the next session of Congress, was read, and the consideration thereof was postponed.
The bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland," was read the first time; and,
Ordered, That this bill pass to the second reading.
The Senate proceeded to the second reading of the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same."
Ordered, That the further consideration hereof be postponed until Wednesday next.
On motion,
Ordered, That Messrs. Monroe, Schuyler, and Read, be a committee to take into consideration the extract oft letter from Governor Randolph, of Virginia, communicated by message from the President of the United States; together with the resolutions of the commonwealth of Virginia, relative to the bounty lands to the officers and soldiers of the Virginia line on continental establishment; and to report what is proper to be done thereon.
Mr. Langdon, from the committee to whom was referred that part of the message of the President of the United States, which relates to the commerce of tire Mediterranean,
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together with the message of the President of the United States, of 30th December, made report.
Ordered, That this report lie for consideration.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --TUESDAY, FEBRUARY 1, 1791.
The Senate assembled: present as yesterday.
The bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland," was read the second time; and,
Ordered, That this bill pass to the third reading.
The Senate took into consideration the executive business before them, and, after progress therein.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, FEBRUARY 2, 1791.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill, entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety one, and for other purposes." And he withdrew.
The bill from the House of Representatives was read the first time.
Ordered, That this bill pass to the second reading.
The Senate proceeded to the third reading of the bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland;" and,
Resolved, That this bill do pass, and that the Secretary acquaint the House of Representatives with the concurrence of the Senate therein.
The Senate proceeded in the second reading of the bill, entitled "An act repealing after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same;" and, after debate,
Ordered, That this bill be committed to Messrs. Morris, Ellsworth, Langdon, Schuyler, and Strong.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, FEBRUARY 3, 1791.
The Senate assembled: present as yesterday
The petition of John Jones, for compensation for certain stores destroyed during the late war, was read; and,
Ordered, That it lie on the table.
The Senate proceeded in the second reading of the bill, entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety one, and for other purposes."
Ordered, That it be committed to Messrs. Dalton, Carroll, and Bassett.
The petition of James Mathers, for allowance for services during the recess, was read; and,
Ordered, That the petition be referred to the committee above mentioned.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did yesterday lay before the President of the United States the bill, entitled "An act declaring the consent of Congress that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into this Union, by the name of the state of Kentucky."
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, FEBRUARY 4, 1791.
The Senate assembled: present as yesterday.
A message from file House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: I am directed to bring to the Senate a report of the Secretary of State, made to the House of Representatives. And he withdrew.
The report and papers therein referred to were read; and,
Ordered, That they lie until to-morrow,
A message from the President of the United States, by Mr, Lear, his Secretary:
Mr. President: I am commanded to inform the Senate, that the President of the
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United States has this day approved and signed an act, entitled "An act declaring the consent of Congress that a new state be formed within the jurisdiction of thee commonwealth of Virginia, and admitted into this Union, by the name of the state of Kentucky." And he withdrew.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, FEBRUARY 5, 1791.
The Senate assembled: present as yesterday.
Mr. Dalton, from the committee appointed to consider and report on the bill sent from the House of Representatives, entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety-one and for other purposes," reported sundry amendments.
Ordered, That this report lie until Monday next for consideration.
He also reported, from the same committee, on the petition of James Mathers; and,
Ordered, That the report lie for consideration until Monday next.
Ordered, That two hundred copies of the report of the Secretary of State on the subject of the cod and whale fisheries, made to the House of Representatives; and, on the fourth instant, communicated by message to the Senate, be printed for the use of the members of Congress.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, FEBRUARY, 7, 1791.
The Senate assembled: present as on the 5th instant,
And proceeded to consider the amendments reported by the committee on the bill, entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety-one, and for other, purposes;" to which amendments the Senate did not agree: whereupon,
Ordered, That this bill pass to the third reading.
The report of the same committee, on the petition of James Mathers, was considered: whereupon.
Ordered, That the object of this petition be included in the accounts of the Secretary of the Senate, when rendered, of the expense incurred in the removal of his office from New York to Philadelphia.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have ordered that the report of the Secretary of the Treasury, relative to the establishment of a mint, be sent to the Senate for their information. And he withdrew.
Ordered, That the report of the Secretary of the Treasury, relative to the establishment of a mint, be referred to Messrs. Morris, Izard, King, Monroe, and Schuyler, to consider and report what is proper to be done thereon.
The memorial of the clerks in the public offices, praying to be reimbursed for losses and expenses sustained by their removal from New York to the seat of government, was read.
Ordered, That this memorial lie on the table.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland," and had found it correct.
Mr. Morris, from the committee appointed to consider and report on the bill, entitled "An act repealing, after the last day of June next, tile duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United, States and for appropriating the same," reported the bill amended.
The amendments were read; and,
Ordered, That they be printed for the use of the Senate.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, FEBRUARY 8, 1791.
The Senate assembled: present as yesterday;
And proceeded to the third reading of the bill, entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety-one, and for other purposes."
Resolved, That this bill do pass.
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Ordered, That the Secretary acquaint the House of Representatives of the concurrence of the Senate therein.
A message from the House of Representatives, by Mr. Beckley, their Clerk.
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate. And he withdrew.
Whereupon the Vice President signed the enrolled bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The Senate proceeded to consider the amendments reported by the committee on the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same;" and the amendment to the fourth section was agreed to, so that the section should be read thus:
"Sec. IV.And be it further enacted, That the President of the United States be authorized to appoint; with the advice and consent of the Senate, such number of officers as shall appear to him necessary to inspect the revenue arising under this law; and the President of the United States may in each state designate the districts and surveys in which they shall act, assigning to each district a general inspector thereof. and as many other inspectors to each survey therein as he shall think advisable placing the latter under the superintendence of the former. Provided, always, that it shall and may be lawful for the President, with the advice and consent of the Senate, in his discretion, to appoint such and so many of the officers of the customs to be inspectors under this act, as he shall deem advisable to employ in the execution thereof: And provided, also, that, if the appointment of the officers aforesaid, or any part of them, shall not be made during the present session of Congress, the President shall have power, and he is hereby empowered, to make such appointments during the recess of the Senate, by granting commissions which shall expire at the end of their next session."
A motion was made to expunge the following clause of the amendment agreed to, to wit: "And provided, also, that, if the appointment of the officers aforesaid, or any part of them, shall not be made during the present session of Congress, the President shall have power, and he is hereby empowered, to make such appointments during the recess of the Senate, by granting commissions which shall expire at the end of their next session." On this motion.
The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Gunn, Izard, Langdon, Maclay, Monroe, Stanton, and Wingate.--9.
Nays.--Messrs. Carroll, Dalton, Dickinson, Elmer, Few, Foster, Henry, Johnson, Johnston, King, Morris, Read, Schuyler, and Strong.--14.
So it passed in the negative.
On motion to recommit the amendment reported on the fourth section,
It passed in the negative.
And, having made further progress in the consideration of the report,
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, FEBRUARY 9, 1791.
The Senate assembled: present as yesterday.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did, on the eighth instant, lay before the President of the United States, for his approbation, the bill, entitled "An act declaring the consent of Congress to a certain act of the state of Maryland."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill sent from the Senate, entitled "An act to incorporate the subscribers to the bank of the United States."
I am directed to acquaint the Senate, that the President of the United States has notified the House of Representatives, that he has this day approved and signed the "Act declaring the consent of Congress to a certain act of the state of Maryland." And he withdrew.
The Senate proceeded to consider the report of the committee on the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled
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spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same;" to which report having agreed, and that the bill be amended conformably,
Ordered, That the bill pass to the third reading.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate
and House of Representatives:
I have received, from the Governor of Vermont, authentic documents, expressing the consent of the Legislatures of New York and of the territory of Vermont, that the said territory shall be admitted to be a distinct member of our Union: and a memorial of Nathaniel Chipman and Lewis R. Morris, commissioners from the said territory, praying the consent of Congress to that admission, by the name and style of the State or Vermont; copies of which I now lay before Congress, with whom the constitution has vested the object of these proceedings.
G. WASHINGTON.
United States, February, 9, 1791.
"The people of the state of New York, by the grace of God, free and independent: To all to whom these presents shall come, greeting: Know ye, that we having inspected the records remaining in our Secretary's office, do find there a certain original act, in the words and figures following, to wit: "An act appointing commissioners, with power to declare the consent of the legislature of this state, that a certain territory within the jurisdiction thereof should be formed or erected into a new state. Be it enacted by the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that Robert Yates, Robert R. Livingston, John Lansing, junior, Gulian Verplanck, Simeon De Witt, Egbert Benson, Richard Sill, and Melancton Smith, shall be, and hereby are, appointed commissioners, with full power to them, or any four or more of them, in their discretion, as they shall judge the peace and interest of the United States in general, and of this state in particular, to require the same, and on such terms and conditions, and in such manner and form, as they shall judge necessary and proper, to declare the consent of the legislature of this state, that such district or territory within the jurisdiction, and in the northeastern and northern parts thereof, as the said commissioners shall judge most convenient, should be formed and erected into a new state; and with further full power to treat, conclude, and agree, with any person or persons, or any assemblies or bodies of people, touching the premises, or touching the ceding or relinquishing the jurisdiction of this state over such district or territory, or touching the securing or confirming of rights, titles, or possessions, of land within such district or territory, held or claimed under grants from the state of New Hampshire, while a colony, or under grants, sales, or locations, made by the authority of the government or jurisdiction now existing and exercised in the northeastern parts of this state, under the name or style of the State of Vermont, against persons claiming the same lands under grants from this state while a colony, or since the independence thereof: and every act of any four or more of the commissioners hereby appointed, in the execution of the powers aforesaid, shall be as effectual to every purpose, as if the same were an immediate act of the legislature of this state: Provided, such grants, sales, or locations by under Vermont, do not extend to the westward of the towns granted, located, or occupied, under the late colony of New Hampshire, which lay in that part of the country aforesaid, between the north boundary of the commonwealth of Massachusetts, continued from the northwest corner thereof, towards Hudson's river, and a parallel line extended eastward from the point of land where Fort Edward formerly stood, until it meets with the west bounds of any of the said granted, located, or occupied towns. And be it further enacted by the authority aforesaid, That whatever stipulations shall be made, by the commissioners appointed by this act, with any person or persons, or any assemblies or bodies of people, touching the premises, or touching the ceding or relinquishing the jurisdiction of this state over such district or territory, or touching the securing of rights, titles, or possessions, of lands within such district, for a compensation for extinguishing the claims to lands within such districts, as derived under the late colony of New York, shall be for the use of such claimants, although in such stipulations such compensation should be declared to be for the use of this state, or for the people thereof; and that nothing in this act contained shall be intended or construed to give any such claimant any right to any further compensation whatsoever from this state, other than such compensation which may be so stipulated as aforesaid And be it further enacted by the authority aforesaid, That the act, entitled "An act appointing commissioners, with power to declare
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the consent of the Legislature of the state of New York, that a certain territory within the jurisdiction thereof should be formed or erected into a new state," passed the sixteenth day of July, in the year one thousand seven hundred and eighty-nine, shall be, and hereby is, repealed."
State of New York, in Assembly, February 20, 1790.
This bill having been read the third time, Resolved, That the bill do pass.
By order of the Assembly.
GULIAN VERPLANCK,Speaker.
State of New York, in Senate, February 27th, 1790.
This bill having been read a third time, Resolved, That the bill do pass.
By order of the Senate.
ISAAC ROOSEVELT,President, pro hac vice.
In Council of Revision, 6th of March, 1790.
Resolved, That it does not appear improper to the council that this bill, entitled "An act appointing commissioners with power to declare tire consent of the legislature of this state, that a certain territory within the jurisdiction thereof should be formed or erected into a new state," should become a law of this state.
GEO. CLINTON.
All which we have exemplified by these presents. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said state to be hereunto affixed, Witness our trusty and well beloved George Clinton, esq. Governor of our said state, general and commander in chief of all the militia, and admiral of the navy of the same, at our city of New York, this first day of February, 1791, and in the fifteenth year of our independence.
GEO. CLINTON.
Passed the Secretary's Office, 2d Feb. 1791.
Robert Harpur,Dep. Secretary.
To all to whom these presents shall come:
Be it known, That Robert Yates, John Lansing, jun. Gulian Verplanck, Simeon De Witt, Egbert Benson, and Melancton Smith, commissioners appointed by an act of the Legislature of the state of New York, entitled "An act appointing commissioners, with power to declare the consent of the legislature of this state, that a certain territory, within the jurisdiction thereof, should be formed into a new state," passed the sixth day of March last, do hereby, by virtue of the powers to them granted for the purpose, declare the consent of the Legislature of the state of New York, that the community now actually exercising independent jurisdiction as the state of Vermont, be admitted into the Union of the United States of America; and that, immediately from such admission, all claim of jurisdiction, of the state of New York, within the state of Vermont, shall cease; and, thenceforth, the perpetual boundary line, between the state of New York and the state of Vermont, shall be as follows, viz: Beginning at the northwest corner of the state of Massachusetts; thence, westward, along the south boundary of the township of Pownal, to the southwest corner thereof; thence, northerly, along the western boundaries of the townships of Pownal, Bennington, Shaftsbury, Arlington, Sandgate, Rupert, Pawlett, Wells, and Poultney, as the said townships are now held or possessed, to the river commonly called Poultney River; thence, down the same, through the middle of the deepest channel thereof, to East Bay; thence, through the middle of the deepest channel of East Bay, and the waters thereof, to where the same communicate with Lake Champlain; thence, through the middle of the deepest channel of Lake Champlain, to the eastward of the islands called the Four Brothers, and the westward of the islands called Grand Isle and Long Isle, or the Two Heroes and to the westward of the Isle La Motte, to the forty-fifth degree of north latitude. And the said commissioners do hereby declare the will of the Legislature of tile state of New York, that, if the legislature of the state of Vermont shall, on or before the first day of January, in the year one thousand seven hundred and ninety-two, declare that the state of Vermont shall, on or before the first day of June, in the year one thousand seven hundred and ninety-four, pay, to the state of New York, the sum of thirty thousand dollars, that, immediately from such declaration by the Legislature of the state of Vermont, all rights and titles to lands within the state of Vermont, under grants from the government of the late colony of New York, or from the state of New York, except as hereinafter excepted. shall cease; or if the Legislature of the state of Vermont shall not elect to make such declaration, then
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that, except in cases where the grants from New York were intended as confirmations of grants from New Hampshire, all rights and titles under grants from the government of the late colony of New York, or from the state of New York, to lands within the state of Vermont, which may have been granted by the government of the colony of New Hampshire. shall cease, and the boundaries, according to which such grants from the government of the late colony Of New Hampshire have been held or possessed, shall be deemed to be the true boundaries. And the said commissioners do hereby further declare the will of the Legislature of the state of New York, that all rights and titles to hods within the state of Vermont, under grants from tile government of the late colony of New York, or from the state of New York, and not granted by the government of the late colony of New Hampshire, shall be suspended until the expiration of three years after the governor of the state of Vermont, for the time being, shall have been notified that a commissioner, to be appointed by the state of New York, after the first day of January, in the year one thousand seven hundred and ninety-two, and to reside and hold a public office st the city of Albany, shall have entered upon the execution of his office. And if, within one year after such notification, there shall be delivered to such commissioner, either the original or a certified abstract, containing the date, the names of the grantees, and the boundaries of a grant from New York; and if, thereupon, at any time before the expiration of the said term of three years above mentioned, there shall be paid to such commissioner at the rate of ten cents per acre for the whole or my parcel of the lands contained in such grant from New York, all right and title under such grant shall, in respect to the lands for which payment shall so be made, cease; and a receipt, under the hand and seal of such commissioner, specifying the land for which payment shall be made, shall be evidence of the payment; and, in default of delivering the original, or such certified abstract of the grant to the commissioner, within the said term of one year for that purpose above limited, all right and title under the grant, in respect of which there shall be such default of delivery, shall cease; but, where the original or certified abstract of the grant shall be duly delivered to the commissioner; and if, thereupon, payment shall not be duly made to the commissioner, the right and title under the grant in respect to the lands for which payment shall not be made, shall remain; and suits for the recovery of such lands may be prosecuted in the ordinary course of law: Provided, the suit be commenced within ten years after the state of Vermont shall have been admitted into the Union of the United States, otherwise tile right and title, under the grant from New York, shall in such case also cease. In testimony whereof, the said commissioners have hereunto set their hands, and affixed their seals, the seventh day of October, in the fifteenth year of the independence of the United States of America, 1790.
EGBERT BENSON,
GULIAN VERPLANCK,
ROBERT YATES,
MELANCTON SMITH,
SIMEON DE WITT,
JOHN LANSING, jr.
Witnesses,
Richard Varick,
Alexander Hamilton,
Samuel Jones,
Robert Benson.
An act directing the payment of thirty thousand dollars to the state of New York, and declaring what shall he the boundary line between the state of Vermont and state of New York, and declaring certain grants therein mentioned extinguished.
Whereas Robert Yates, John Lansing, junior, Gulian Verplanck, Simeon De Witt, Egbert Benson, and Melancton Smith, Esquires, commissioners appointed by an act of the Legislature of the state of New York, entitled "An act appointing commissioners, with power to declare the consent of tire Legislature of the state of New York, that a certain territory within the jurisdiction thereof should be formed into a new state," passed the fifth day of March, in the year of our Lord one thousand seven hundred and ninety, did, by their certain act, on the seventh day of October instant, at New York, by virtue of the powers to them granted for that purpose, among other things declare the consent of the Legislature of the state of New York, that the state of Vermont be admitted into the Union of the United States of America; and that, immediately from such admission, all claims of jurisdiction of the state of New York, within the state of Vermont, should cease, and, thenceforth, the perpetual boundary
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line between the state of New York and the state of Vermont should be as follows, viz: Beginning at the northwest corner of the state of Massachusetts, thence, Westward along the south boundary of Pownal, to the southwest corner thereof; thence, northerly, along the western boundaries of the townships of Pownal, Bennington, Shaftsbury, Arlington, Sandgate, Rupert, Pawlet, Wells, and Poultney, as the said townships are now held or possessed, to the river commonly called Poultney river; thence, down the same, through the middle of the deepest channel thereof, to East Bay; thence, through the middle of the deepest channel of East Bay, and the waters thereof, to where the same communicate with Lake Champlain; thence, through the middle of the deepest channel of Lake Champlain, to the eastward of the islands called the Four Brothers, and the westward of the islands called the Grand Isle and Long Isle, or the Two Heroes, and to the westward of the Isle La Motte, to the forty-fifth degree of north latitude. And the said commissioners, by virtue of the powers to them granted, did declare the will of the Legislature of the state of New York, that if the Legislature of the state of Vermont should, on or before the first day of January, one thousand seven hundred and ninety-two, declare, that, on or before the first day of June, one thousand seven hundred and ninety-four, the said state of Vermont would pay to the state of New York the sum of thirty thousand dollars; that, immediately in such declaration by the Legislature of the state of Vermont, all rights and titles to lands within the state of Vermont, under grants from the government of the late colony of New York, or from the state of New York, except as is therein excepted, should cease: wherefore,
It is hereby enacted by the General Assembly of the state of Vermont, that the state of Vermont shall; on or before the first day of June, one thousand seven hundred and ninety-four, pay the state of New York thirty thousand dollars; and the Treasurer of this state, for and in behalf of this state, and for the purposes mentioned in the act of the commissioners aforesaid, shall pay to the state of New York the sum of thirty thousand dollars, on or before the first day of June, one thousand seven hundred and ninety-four. And it is hereby further enacted, that the said line described in the said act of the said commissioners, shall henceforth be the perpetual boundary line between the state of Vermont and the state of New York: and all grants, charters, or patents of land, lying within the state of Vermont, made by or under the government of the late colony of New York, except such grants, charters, or patents, as were made in confirmation of grants, charters, or patents, made by or under the government of the late province or colony of New Hampshire, are hereby declared null and void, and incapable of being given in evidence in any court of law within this state."
State of Vermont, Secretary's Office,
Bennington, January 21, 1791.
The preceding is a true copy of an act passed by the legislature of the state of Vermont, the twenty eighth day of October, in the year of our Lord one thousand seven hundred and ninety.
Attest, ROSWELL HOPKINS,Secretary of State.
An act to authorize the people of this state to meet in convention, to deliberate upon and agree to the constitution of the United States.
Whereas, in the opinion of this legislature, the future interest and welfare of this state render it necessary that the constitution of the United States of America, as agreed to by the convention at Philadelphia, on tile 17th day of September, in the year of our Lord one thousand seven hundred and eighty seven, with the several amendments and alterations, as the same has been since established by the United States, should be laid before the people of this state, for their approbation:
It is hereby enacted by the general assembly of the state of Vermont, that the first constable in each town shall warn the inhabitants who by law are entitled to vote for representatives in general assembly, in the same manner as they warn freemen's meetings to meet in their respective towns, on the first Tuesday of December next, at 10 o'clock in the forenoon, at the several places fixed by law for holding the annual election; and, when so met, they shall proceed, in the same manner as in the election of representatives, to chuse some suitable person from each town, to serve as a delegate in a state convention, for the purpose of deliberating upon and agreeing to the constitution of the United States as now established. And the said constable shall certify to the state convention the person so chosen in manner aforesaid; and,
It is hereby further enacted by the authority aforesaid, that the persons so elected to serve in state convention, as aforesaid, do assemble and meet together on the first
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Thursday of January next, at Bennington, in the county of Bennington, then and there to deliberate upon the aforesaid constitution of tile United States, and, if approved of by them, finally to assent to and ratify the same, in behalf and on the part of the people of this state, and make report thereof to the governor of this state for the time being, to be by him communicated to tile President of the United States, and the legislature of this state.
State of Vermont, Secretary's Office,
Bennington, January 21, 1791.
The preceding is a true copy of an act passed by the legislature of the state of Vermont, the twenty-seventh day of October, in the year of our Lord one thousand seven hundred and ninety.
Attest, ROSWELL HOPKINS,Secretary of State.
In Convention of the Delegates of the people of the State of Vermont.
Whereas, by an act of the commissioners of the state of New York, done at New York, the seventh day of October, in the fifteenth year of the independence of the United States of America, and in the year of our Lord one thousand seven hundred and ninety, every impediment, as well on the part of the, state of New York as on the part of the state of Vermont, to the admission of the state of Vermont into the Union of the United States of America, is removed, in full faith and assurance that the same will stand approved and ratified by Congress:
This convention, having impartially deliberated upon the constitution of the United States of America, as now established, submitted to us by an act of the general assembly of the state of Vermont, passed October twenty seventh, one thousand seven hundred and ninety, do, in virtue of the power and authority to us given for that purpose, fully and entirely approve of, assent to, and ratify, the said constitution; and declare that, immediately from and after this state shall be admitted by the Congress into the Union, and to a full participation of the benefits of the government now enjoyed by the states in the Union, the same shall be binding on us, and the people of the state of Vermont, for ever.
Done at Bennington, in the county of Bennington, the tenth day of January, in the fifteenth year of the independence of the United States of America, one thousand seven hundred and ninety one. In testimony whereof, we have hereunto subscribed our names.
THOMAS CHITTENDEN,President.
Signed by one hundred and five members; dissented, four.
Attest, ROSWELL HOPKINS,Secretary of Convention.
State of Vermont, Secretary's Office,
Bennington, January 21, 1791.
The preceding is a true copy of the original act of the convention of the state of Vermont, done at Bennington, the tenth day of January, one thousand seven hundred and ninety one.
Attest, ROSWELL HOPKINS,Secretary of State.
By his Excellency Thomas Chittenden, Esq. Captain-General, Governor and Commander in Chief in and over the state of Vermont.
This certifies, That Roswell Hopkins, Esquire, is Secretary to the state of Vermont, and that all due faith and credence ought to be given to attestations by him officially made.
In testimony whereof, we have caused the seal of this state to be affixed, in Council, this twenty-second day of January, one thousand seven hundred and ninety-one.
THOMAS CHITTENDEN.
By his Excellency's command:
Joseph Fay,Sec'y.
Bennington,January 22, 1791.
Sir: I have the honor to transmit to you copies of two acts of the Legislature of this, state; the one directing the payment of thirty thousand dollars to the state of New-York,
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and declaring the boundary line between the state of Vermont and the state of New York, and extinguishing certain grants therein mentioned; the other, an act authorising the people of this state to meet in convention, to deliberate upon and agree to the constitution of the United States; and also a copy of the proceeding of the convention.
This will be delivered by the honorable Nathaniel Chipman and Lewis R. Morris, Esquires, who are appointed commissioners to apply to the Congress of the United States for the admission of this state into the Union, whom I beg to recommend to your favorable notice.
I have the honor to be, &c.
THOS. CHITTENDEN.
ThePresidentof the United States.
By his Excellency Thomas Chittenden, Esquire, Captain-General, Governor and Commander in Chief in and over the state of Vermont.
To the honorable Nathaniel Chipman, Esquire, and Lewis R. Morris, Esquire, greeting:
You being elected by the Legislature of this state Commissioners to the Congress of the United States, to apply for the admission of the state of Vermont into the Union, are hereby authorised and empowered to proceed to the Congress of the United States, now in session at the city of Philadelphia, and negociate on behalf of this state, agreeably to your said appointment.
In testimony whereof, we have caused the seal of this state to be affixed, in council, at Bennington, this twenty-fourth day of January, one thousand seven hundred and ninety-one; and in the fifteenth year of the independence of this state.
THOMAS CHITTENDEN.
By his Excellency's command:
Joseph Fay,Sec'ry.
The President and Congress of the United States of America.
Nathaniel Chipman and Lewis R. Morris, commissioners, authorised and appointed by the state of Vermont, most respectfully represent, that the citizens of that state, having shared in common with those of the other states, in the hazards and burthens of establishing the American revolution, have long anxiously desired to be united with them, under the same general government. They have seen, with great satisfaction, a new and more perfect union of the people of America, and the unanimity with which they have recently approved the national constitution manifests their attachment to it, and.the zeal with which they desire to participate its benefits.
Questions of interfering jurisdiction between them and the state of New York have heretofore delayed this application. These points bring now happily adjusted, the memorialists, on behalf of their constituents, most respectfully petition, that the Congress will consent to the admission of the state of Vermont, by that name and style, as a new and entire member of the United States.
They have the honor to accompany tills memorial with such papers and documents as have relation to the same, and, with the highest deference for the wisdom of Congress, the memorialists repeat their solicitations, that, during their present session, they would Do pleased to adopt such measures as will include within the national government people zealous to support and defend it.
NATHANIEL CHIPMAN.
LEWIS R. MORRIS.
Philadelphia, February 7, 1791.
Ordered, That the message from tile President of the United States of this date, with the papers accompanying it, be referred to Messrs. King, Monroe, Ellsworth, Langdon, and Hawkins, to consider and report what is proper to be done thereon.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act making appropriations for the support of government during tile year one thousand seven hundred and ninety-one, and for other purposes," and that they found it correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of the Vice President, And he withdrew.
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The Vice President signed the enrolled bill, entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety-one, and for other purposes;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The petition of Stephen Drayton, praying compensation for supplies to the army during the late war, was read; and,
Ordered, That it lie on the table.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, FEBRUARY 10, 1791.
The Senate assembled: present as yesterday.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did, yesterday, lay before the President of the United States, for his approbation, the bill entitled "An act making appropriations for the support of government during the year one thousand seven hundred and ninety-one, and for other purposes."
Mr. King, from the committee to whom was referred the message from the President of the United States of the 9th instant, relative to the state of Vermont, with the papers therein contained, reported a bill, as follows: "An act for the admission of the state of Vermont into this Union."
1Sec. 1. The state of Vermont having petitioned the Congress to be admitted a
2 member of tire United States, be it enacted by the Senate and House of Representatives
3 of the United States of America in Congress assembled, and it is hereby
4 enacted and declared, that, on the fourth day of March, one thousand seven hundred
5 and ninety-one, the said state, by the name and style of "the state of
6 Vermont," shall be received and admitted into this Union, as a new and entire
7 member of the United States of America.
1Sec. 2. And be it further enacted, That, until the representatives in Congress
2 shall be appointed, according to an actual enumeration of the inhabitants of the
3 United States, the said state shall be entitled to choose two representatives.
This bill was read the first time.
Ordered, That this bill pass to the second reading.
The Senate proceeded to the third reading of the bill, entitled "An act repealing, after the last day of June next, tire duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead: and, also, upon spirits distilled within the United States, and for appropriating the same."
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That, after the last day of June next,
3 the duties laid on distilled spirits by the act, entitled "An act making further
4 provision for the payment of the debts of the United States," shall cease; and that,
5 upon all distilled spirits which shall be imported into the United States after that
6 day, from any foreign port or place, there shall be paid for their use the duties
7 following, that is to say:
8 For every gallon of those spirits, more than ten per cent. below proof, according
9 to Dycas' hydrometer, twenty cents.
10 For every gallon of those spirits under five, and not more than ten per cent.
11 below proof, according to the same hydrometer, twenty-one cents.
12 For every gallon of those spirits of proof, and not more than five per cent.
13 below proof, according to the same hydrometer, twenty-two cents.
14 For every gallon of those spirits above proof, but not exceeding twenty per
15 cent. according to the same hydrometer, twenty-five cents.
16 For every gallon of those spirits more than twenty, and not more than forty per
17 cent. above proof, according to the same hydrometer, thirty cents.
18 For every gallon of those spirits more than forty per cent. above proof, according
19 to the same hydrometer, forty cents.
1Sec. 2. And be it further enacted, That rite said duties shall be collected in
2 the same manner, by the same persons, under the same regulations, and subject
3 to the same forfeitures, and other penalties, as those heretofore laid; the act
4 concerning which shall be deemed to be in full force for the collection of the duties
5 herein before imposed, except as to the alterations contained in this act.
1Sec. 3. And he it further enacted, That the said duties, when the amount
2 thereof shall not exceed fifty dollars, shall be immediately paid; but, when the
3 said amount shall exceed fifty dollars, may, at the option of the proprietor,
4 importer, or consignee, be either immediately paid, or secured by bond; with
5 condition for the payment of one moiety thereof in three months, and the other moiety
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6 thereof in six months; which bond, at the like option of the proprietor,
7 importer, or consignee, shall either include one or more sureties to the satisfaction
8 of the collector, or person acting as such, or shall be accompanied with a deposit
9 in the custody of the said collector, or person acting as such, of so much of the
10 said spirits as shall, in his judgment, be a sufficient security for the amount of the
11 duties for which the said bond shall have been given, and the charges of the safe keeping
12 and sale of the spirits so deposited; which deposit shall and may be accented
13 in lieu of the said surety or sureties, and shall be kept by the said collector, or
14 person acting as such, with due and reasonable care, at the expense and risk of
15 the party or parties on whose account the same shall have been made, until the
16 first of the said moieties shall become due; at which free, if such moiety shall
17 not be paid, so much of the said deposited spirits, as may be necessary, shall be
18 sold at public sale, and the proceeds thereof, after deducting the charges of keeping
19 and sale, shall be applied to the payment of the whole sum of the duties for
20 which such deposit shall have been made, rendering the overplus of the said
21 proceeds, and the residue of the said spirits, if any there be, to the person or persons
22 by whom such deposit shall have been made, or to his, her, or their representatives;
23 and, in case the second moiety shall not be paid when it shall become due,
24 then the like proceedings shall be had as are directed in case of failure in the
25 payment of the first moiety.
1Sec. 4. And be it further enacted, That the President of the United States be
2 authorized to appoint, with the advice and consent of the Senate, such number
3 of officers as shall appear to him necessary, to be denominated inspectors of the
4 revenue; and to assign to them respectively such districts or limits, for the exercise
5 of their respective offices, as he shall judge best adapted to the execution
6 thereof; dividing the districts, if he shall think it advisable, into general and
7 particular, and placing the inspectors of the latter under the superintendence of
8 the former, within the limits whereof they shall be respectively comprehended.
1Sec. 5. And be it further enacted, That the inspector or inspectors of the
2 revenue for each district shall establish one or more offices within the same, as
3 may be necessary; and, in order that the said offices may be publicly known, there
4 shall be painted or written, in large legible characters, upon some conspicuous
5 part outside and in front of each house, building, or place, in which any such
6 office shall be kept, these Words: "Office of Inspection." And if any person shall paint
7 or write, or cause to be painted or written, the said words upon any other than
8 such house or building, he or she shall forfeit and pay, for so doing, one hundred
9 dollars.
1Sec. 6. And be it further enacted, That, within forty-eight hours after any
2 ship or vessel, having on board any distilled spirits, brought in such ship or
3 vessel from any foreign port or place, shah arrive within any port of the United
4 States, whether the same be the first port of arrival of such ship or vessel, or not,
5 the master or person having the command or charge thereof, shall report to the
6 inspector or other chief officer of inspection of the port at which he shall so
7 arrive, the place from which she last sailed, with her name and burthen, and the
8 quantity and kinds of the said spirits on board of her, and the casks or cases
9 containing them, with their marks and numbers; on pain of forfeiting the sum of five
10 hundred dollars.
1Sec. 7. And be it further enacted, That the collector, or other officer, or
2 person acting as collector, with whom entry shall have been made of any of the said
3 spirits, pursuant to the act, entitled "An act to provide more effectually for the
4 collection of the duties imposed by law on goods, wares, and merchandises,
5 imported into the United States, and on the tonnage of ships or vessels," shall forthwith,
6 after such entry, certify and transmit the same, as particularly as it shall
7 have been made with him, to the inspector of the revenue, or other proper
8 officer of inspection, of the port where it shall be intended to commence the delivery
9 of the spirits so entered, or any part thereof; for which purpose, every proprietor,
10 importer, or consignee, making such entry, shall deliver two manifests of the
11 contents, (upon one of which the said certificates shall be given,) and shall, at the
12 time thereof, declare the port at which the said delivery shall be so intended to
13 be commenced, to the collector or officer with whom the same shall be made.
14 And every permit granted by such collector, for the landing of any of the said
15 spirits, shall, previous to such landing, be produced to the said officer of inspection,
16 who shall make a minute, in some proper book, of the contents thereof, and
17 shall endorse thereupon the word "Inspected," the time when, and his own
18 name; after which he shall return it to the person by whom it shall have been
19 produced; and then, and not otherwise, it shall be lawful to land the spirits
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20 therein specified; and if the said spirits shall be landed without such endorsement
21 upon the permit for that purpose granted, the master or person having charge of
22 the ship or vessel from which the same shall have been so landed, shall, for every
23 such offence, forfeit the sum of five hundred dollars.
1Sec. 8. And be it further enacted, That, whenever it shall be intended that
2 any ship or vessel shall proceed with the whole or any part of the spirits which
3 shall have been brought in such ship or vessel from any foreign port or place,
4 from one port in the United States to another port in the said United States,5
whether in the same or in different districts, the master or person having the
6 command or charge of such ship or vessel shall, previous to her departure, apply
7 to the proper officer of inspection For the port from which she is about to depart
8 for a certificate of the quantity and particulars of such of the said spirits as shall
9 have been certified to him to have been entered as imported in such ship or
10 vessel, and of so much thereof as shall appear to him to have been landed out of her
11 at such port; which certificate the said officer shall forthwith grant without fee, or
12 charge. And the master or person having the command or charge of such ship or
13 vessel shall, within twenty-four hours alter her arrival at the port to which she
14 shall be bound, deliver the said certificate to the proper officer of inspection of such
15 last mentioned port. And if such ship or vessel shall proceed from one port to
16 another within the United States, with the whole or any part of the spirits brought
17 in her as aforesaid, without having first obtained such certificate; or if, within
18 twenty-four hours after her arrival at such other port, the said certificate shall
19 not be delivered to the proper officer of inspection there, tile master or person
20 having the command or charge of tile said ship or vessel shall in either case
21 forfeit the sum of five hundred dollars; and the spirits on hoard of her at her said
22 arrival shall be forfeited, and may be seized by any officer of inspection.
1Sec. 9. And be it further enacted, That all spirits which shall be imported as
2 aforesaid shall be landed tinder the inspection of the officer or officers of inspection
3 for the place where the same shall be landed, and not otherwise, on pain of
4 Forfeiture thereof: for which purpose the said officer or officers shall, at all
5 reasonable times, attend: Provided, that this shall not be construed to exclude the
6 inspection of the officers of the customs as now established and practised.
1Sec. 10. And be it further enacted, That the officers of inspection under
2 whose survey any of the said spirits shall be landed, shall upon landing thereof,
3 and as soon as the casks and cases containing the same shall be gauged or
4 measured, brand or otherwise mark, in durable characters, the several casks or cases
5 containing the same, with progressive numbers; and, also, with the name of the
6 ship or vessel wherein the same was or were imported, and of the port of entry,
7 and with the proof and quantity thereof; together with such other marks, if any
8 other shall be deemed needful, as the respective inspectors of tile revenue may
9 direct. And the said officer shall keep a book, wherein he shall enter the name
10 of each vessel in which any of the said spirits shall be so imported, and of the
11 port of entry and of delivery; and of the master of such vessel, and of each importer
12 and of the several casks and cases containing the same, and the marks of each;
13 and if not an inspector. or the chief officer of inspection, for the place, shall, as
14 soon as may be thereafter, make an exact transcript of each entry, and delivery
15 the same to such inspector or chief officer, who shall keep a like book For
16 recording the said transcripts.
1Sec. 11. And be it further enacted, That the inspector of the revenue, or other
2 chief officer of inspection, within whose survey any of the said spirits shall be
3 landed, shall give to the proprietor, importer, or consignee thereof, or his or her
4 agent, a certificate, to remain with him or her, of the whole quantity of the said
5 spirits which shall have been so landed; which certificate, besides the said quantity,
6 shall specify the name of such proprietor, importer, or consignee, and of the
7 vessel from on board which the said spirits shall have been landed, and of the
8 marks of each cask or case containing the same. And the said inspector, or other
9 chief officer of inspection, shall deliver to the said proprietor, importer, or
10 consignee, or to his or her agent, a like certificate for each cask or case; which shall
11 accompany the same wheresoever it shall be sent, as evidence of its being lawfully
12 imported. And the officer of inspection granting the said certificates shall make
13 regular and exact entries In the book to be by him kept as aforesaid, of all spirits
14 for which the same shall be granted, as particularly therein described. And the
15 said proprietor, importer, or consignee, or his or her agent, upon the sale and
16 delivery of any of the said spirits, shall deliver to the purchaser or purchasers thereof,
17 the certificate or certificates which ought to accompany the same; on pain of
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18 forfeiting the sum of fifty dollars for each cask or case with which such certificate
19 shall not be delivered.
1Sec. 12. And be it further enacted, That every importer of distilled spirits
2 shall enter in a book, to be kept for that purpose, the name or names of every
3 person or persons to whom any of the said spirits shall be sold or delivered, and the
4 mark or marks which, according to the provisions of this act, are directed to be
5 put upon the casks or cases containing the same; and the said importer shall, as
6 often as required, produce the said book to the officer of inspection requiring the
7 same, who may take a copy of such entries, and compare the deliveries and the
8 spirits then on hand, with the original entry thereof; and if any importer or
9 importers of distilled spirits shall neglect or refuse to keep such book of entries, or
10 shew the same and the spirits on hand, to the proper officer, when required, he,
11 she, or they, so neglecting or refusing, shall forfeit for every such neglect or
12 refusal a sum not exceeding one hundred dollars.
1Sec. 13. And be it further enacted, That, upon all spirits which, after the said
2 last day of June next, shall be distilled within the United States, wholly or in part
3 from molasses, sugar, or other foreign materials, there shall be paid for their use
4 the duties following; that is to say:
5 For every gallon of those spirits more than ten per cent. below proof, according
6 to Dycas' hydrometer, eleven cents.
7 For every gallon of those spirits under five, and not more than ten per cent.
8 below proof, according to the same hydrometer, twelve cents.
9 For every gallon of those spirits of proof, and not more than five percent.
10 below proof, according to the same hydrometer, thirteen cents.
11 For every gallon of those spirits above proof, and not exceeding twenty per
12 cent. according to the same hydrometer, fifteen cents.
13 For every gallon of those spirits more than twenty, and not more than forty
14 per cent. above proof, according to the same hydrometer, twenty cents.
15 For every gallon of those spirits more than forty per cent. above proof, according to the same hydrometer, thirty cents.
1Sec. 14. And be it further enacted, That, upon all spirits which, after the said
2 last day of June next, shall be distilled within the United States, from any article
3 of the growth or produce of the United States, in any city, town, or village, there
4 shall be paid for their use tile duties following; that is to say:
5 For every gallon of those spirits more than ten per cent. below proof, according
6 to Dycas' hydrometer, nine cents.
7 For every gallon of those spirits under five and not more than ten per cent.
8 below proof, according to the same hydrometer, ten cents.
9 For every gallon of those spirits of proof, and not more than five per cent.
10 below proof, according to the same hydrometer, eleven cents.
11 For every gallon of those spirits above proof, but not exceeding twenty per
12 cent. according to the same hydrometer, thirteen cents.
13 For every gallon of those spirits more than twenty and not more than forty per
14 cent. above proof, according to the same hydrometer, seventeen cents.
15 For every gallon of those spirits more than forty per cent. above proof, according
16 to the same hydrometer, twenty-five cents.
1Sec. 15. And be it further enacted, That the said duties on spirits distilled
2 within the United States shall be collected under the management of the
3 inspectors of the revenue.
1Sec. 16. And be it further enacted, That the said duties on spirits distilled
2 within the United States shall be paid or secured previous to the removal thereof
3 from the distilleries at which they are respectively made. And it shall be
4 option of the proprietor or proprietors of each distillery, or of his, her, or their
5 agent, having the superintendence thereof, either to pay the said duties previous
6 to such removal, with an abatement at the rate of two cents for every ten gallons
7 or to secure the payment of the same, by giving bond quarter yearly, with
8 one or more sureties, to the satisfaction of the officer of inspection within whose
9 survey such distillery shall be, and in such sum as the said officer shall direct,
10 with condition for the payment of the duties upon all such of the said spirits as
11 shall be removed from such distillery, within three months next ensuing the date
12 of the bond, at the expiration of nine months from the said date.
1Sec. 17. And be it further enacted, That the inspector or inspectors of each
2 district shall appoint a proper officer to have the charge and survey of each distillery
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3 within his or their district, who shall attend such distillery at all reasonable
4 times, for the execution of the duties by this act enjoined on him.
1Sec. 18 And be it further enacted, That, previous to the removal of any of the
2 said spirits from any distillery, the officer of inspection within whose survey the
3 same may be, shall brand or otherwise mark each cask containing the same, in
4 durable characters, and with progressive numbers, and with the name of the
5 acting owner or other manager of such distillery, and of the place where the same
6 was situate, and with the quantity therein, to be ascertained by actual guaging, and
7 with the proof thereof. And the duties thereupon having been first paid, or
8 secured, as above provided, the said officer shall grant a certificate for each cask
9 of the said spirits, to accompany the same wheresoever it shall be sent, purporting
10 that the duty thereon hath been paid or secured, as the case may be, and
11 describing each cask by its marks; and shall enter in a book, for that purpose to be
12 kept, all the spirits distilled at such distillery, and removed from the same; and
13 the marks of each cask, and the persons for whose use, and the places to which
14 removed, and the time of each removal, and the amount of the duties on the spirits
15 so removed. And if any of the said spirits shall be removed from any such
16 distillery without having been branded or marked as aforesaid, or without such
17 certificate as aforesaid, the same, together with the cask or casks continuing, and the
18 horses or cattle, with the carriages, their harness, and tackling, employed in
19 removing them, shall be forfeited, and may be seized by any officer of inspection.
20 And the superintendent or manager of such distillery shall also forfeit the full
21 value of the spirits so removed, to be computed at the highest price of the like
22 spirits in the market.
1Sec. 19. And be it further enacted, That no spirits shall be removed from any
2 such distillery at any other times than between sun rising and sun setting.
1Sec. 20. And be it further enacted, That, upon stills which, after the last day of
2 June next, shall be employed in distilling spirits from materials of the growth
3 or production of the United States, in any other place than a city, town, or
4 village, there shall be paid, for the use of the United States, the yearly duty of sixty
5 cents for every gallon, English wine measure, of the capacity or content of rack
6 and every such still, including the head thereof.
1Sec. 21. And be it further enacted, That the evidence of the employment of
2 the said stills shall be, their being erected in stone, brick, or some other
3 manner whereby they shall be in a condition to be worked.
1Sec. 22 And be it further enacted, That the said duties on stills shall he
2 collected under the management of the inspectors of the revenue, who, in each
3 district, shall appoint and assign proper officers for the surveys of the said stills
4 and the admeasurement thereof, and the collection of the duties thereupon; and
5 the said duties shall be paid half yearly within the first fifteen days of January and
6 July, upon demand, of the proprietor or proprietors of each still, at his, her, or
7 their dwelling, by the proper officer charged with the survey thereof: And, in
8 case of refusal or neglect to pay, the amount of the duties so refused or neglected
9 to be paid, may either be recovered with costs of suit in an action of debt in
10 the name of the inspector or inspectors of the district within which such refusal
11 shall happen, for the use of the United States, or may be levied by distress and
12 sale of goods of the person or persons refusing or neglecting to pay, rendering
13 the overplus (if any there be, after payment of the said amount and the charges
14 of distress and sale) to the said person or persons.
1Sec. 23. And be it further enacted, That, if the proprietor of any such still,
2 finding himself or herself aggrieved by the said rates, shall enter, or cause to be
3 entered, in a book or on a paper to he kept for that purpose, from day to day
4 when such still shall he employed, the quantity of spirits distilled therefrom, and
5 the quantity from time to time sold or otherwise disposed of, and to whom and
6 when, and shall produce the said book or paper to the proper officer of inspection,
7 within whose survey such still shall be, and shall make oath (or affirmation)
8 that the same doth contain, to the best of his or her knowledge and belief, true
9 entries made at their respective dates, of all the spirits distilled within the time
10 to which such entries shall relate, from such still, mid of the disposition thereof;
11 and shall also declare, upon such oath or affirmation, the quantity of such spirits
12 then remaining on hand; it shall be lawful in every such case for the said officer
13 to whom the said book or paper shall be produced, and he is hereby required, to
14 estimate the duties upon such still, according to the quantity so stated to have been
15 actually marie therefrom, at the rate of nine cents per gallon, which, and no more,
16 shall be paid for the same: Provided, That, if the said entries shall be made by
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17 any person other than the said proprietor, a like oath or affirmation shall be made
18 any such person.
1 And the more effectually to prevent the evasion of the duties hereby imposed,
2 to the no less injury of the fair trader than of the revenue:
3Sec. 24. Be it further enacted, That every person who shall be a dealer or
4 trader in distilled spirits (except as an importer, maker, or distiller thereof) in
5 the original cask or cases in which they shall be imported, or in quantities of
6 twenty-five gallons at one sale, shall be deemed a wholesale dealer in spirits,
7 and shall write or paint, or cause to be written or painted, in large, legible, and
8 durable characters, upon some conspicuous part outside, and in front of, each
9 house or other building or place, and upon the door or usual entrance of each
10 vault, cellar, or apartment, within the same in which any of the said spirits shall
11 be at any time by him or her deposited or kept, or intended so to be, the words
12 "wholesale dealer in spirits;" and shall, also, within three days at least before he
13 or she shall begin to keep or sell any of the said spirits therein, make a particular
14 entry in writing at the nearest office of inspection, of the district in which the
15 same shall he situate, if within ten miles thereof, of every such house or other
16 building or place, and of each cellar, vault, or apartment, within the same, in
17 which he or she shall intend to put or keep any of the said spirits; and, if any
18 such dealer shall omit to write or paint, or cause to be written or painted, the
19 words aforesaid, and in manner aforesaid, upon any such house, or other building
20 or place, or vault, cellar, or apartment thereof, in which lie or she shall so have or
21 keep any of the said spirits, or shall, in case the same be situated within the said
22 distance of ten miles of any office of inspection, omit to make entry thereof as
23 aforesaid, such dealer shall for every such omission or neglect, forfeit the sum of
24 five hundred dollars, and all the spirits which he or she shall have or keep therein,
25 or the value thereof, to be computed at the highest price of such spirits in the
26 market.
1Sec. 25. And be it further enacted, That every person who shall be a maker
2 or distiller of spirits within any city, town, or village, shall write or paint, or cause
3 to be written or painted, upon some conspicuous part outside and in front of each
4 house or other building or place made use of, or intended to be made use of by
5 him or her for the distillation or keeping of spirituous liquors, and upon
6 the door or usual entrance of each vault, cellar, or apartment, within the same,
7 in which any of the said liquors shall be at any time by him or her distilled,
8 deposited, or kept, or intended so to be, the words "distiller of spirits;" and every
9 such distiller shall, within three days before he or she shall begin to distil therein,
10 make a particular entry in writing, at the nearest office of inspection, if within
11 ten miles thereof, of every such house, building, or place, and of each vault,
12 cellar, and apartment, within the same, in which he or she shall intend to carry on
13 the business of distilling, or to keep any spirits by him or her distilled. And if
14 any such distiller within any city, town, or village, shall omit to paint or write, or
15 cause to be painted or written, the words aforesaid, in manner aforesaid, upon any
16 such house or other building, or place, or vault, cellar, or apartment thereof, or
17 shall, in case the same shall be situate within the said distance of ten miles of
18 any office of inspection, omit to make entry thereof as aforesaid, such distiller shall,
19 for every such omission or neglect, forfeit one hundred dollars, and all the spirits
20 which he or she shall keep therein, or tim value thereof. to be computed at the
21 highest price of such spirits in the market; to be recovered by action, with costs
22 of suit, in any court proper to try the same, in the name of the inspector of the
23 district within which such omission or neglect shall be, for the use of the United
24 States: Provided always, anti be it further enacted, 'That the said entry, to he
25 made by persons who shall be dealers in or distillers of spirits, on the first day of
26 July next, shall be made on that day, or within three days thereafter, accompanied
27 (except where the duties hereby imposed are charged on the still) with a
28 true and particular account or inventory of the spirits, on that day and at the
29 time, in every or any house, building, or place, by him or her entered; and of
30 the casks, cases, and vessels, containing the same, with their marks and numbers,
31 and the quantities and qualities of the spirits therein contained, on pain of forfeiting,
32 for neglecting to make such entry, or to deliver such account, the sum of
33 one hundred dollars, and all tim spirits by him or her had or kept in any such
34 house, building, or place, to be recovered as aforesaid: And provided, also, that
35 nothing herein contained shall be construed to exempt any such distiller, who
36 shall be, besides his dealing as a distiller, a dealer or trader in distilled spirits, as
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37 described in the twenty. fourth section of this act, from the regulations therein
38 prescribed; but every such distiller, so being also a dealer or trader in distilled
39 spirits, shall observe and be subject to all the rules, regulations, and penalties,
40 therein specified.
1Sec. 26. And be it further enacted, That the inspector or inspectors of the
2 revenue for the district wherein any house, building, or place, shall be situate,
3 whereof entry shall be made as last aforesaid, shall, as soon as may be thereafter,
4 visit and inspect, or cause to be visited and inspected, by some proper officer or
5 officers of inspection, every such house, or other building or place, within his or
6 their district, and shall take, or cause to be taken, all exact account of the spirits
7 therein respectively contained, and shall mark, or cause to be marked, in durable
8 characters, the several casks, cases, or vessels, containing the same, with
9 progressive numbers, and also with the name of each dealer or distiller to whom the same may belong, or in whose custody
10 the same may be, and the quantities,
11 kinds, and proofs of spirits therein contained, and these words, "Old Stock."
12 And the said inspector, or inspectors, shall keep a book, wherein he or they
13 shall enter the name of every such dealer or distiller within his or their district,
14 and the particulars of such old stock in the possession of each, designating the
15 several casks and cases containing the same, and their respective quantities, kinds,
16 proofs, and marks. And he, or they, shall also give a certificate to every such
17 dealer or distiller, of the quantity and particulars of such old stock in his or her
18 possession, and a separate certificate for each cask, case, or vessel, describing the
19 same according to its marks; which certificates shall accompany the same wheresoever
20 it shall be sent. And in case there shall be no officer of inspection within
21 the said distance of ten miles of any such house or other building or place, then
22 it shall be the duty of such dealer to whom the same may belong to mark with
23 the like durable characters the several casks containing the spirits therein, and in
24 like manner as above directed to be done by the said inspector or inspectors.
25 And the said dealer shall make entry thereof in some proper book, or on some
26 proper paper, to be by him or her kept for that purpose, specifying particularly
27 each cask, case, or vessel, and its marks, and the quantity and quality of
28 the spirits therein contained, (of which entry he or they shall, upon request, deliver
29 an exact copy to the inspector or inspectors of the revenue for the district,)
30 and, if required by him or them, shall attest the same by oath, or affirmation.--
31 And the said dealer, with every such cask, case, or vessel, which shall be delivered
32 out of his or her house, or other building or place, shall give a certificate or
33 permit, signed by himself or herself, of the like import of that above directed to
34 be given by tile said inspector or inspectors; which certificate shall in like manner
35 accompany the same wheresoever it may be sent. And if any such dealer shall in
36 the said case omit to mark the said several casks. cases, or vessels containing the
37 said spirits, or to make entry thereof in some proper hook, or on some proper paper
38 as aforesaid, he or she shall forfeit and pay for every such neglect the sum of
39 one hundred dollars. And if in tim same case he or she shall deliver out or send
40 away any of the said spirits, without such certificate by him or her directed to be
41 furnished as aforesaid, the said spirits so delivered out or sent away, shall be
42 forfeited, and may be seized by any officer of inspection; and the said dealer shall
43 also forfeit the full value thereof: Provided, always, that nothing' herein contained
44 shall be construed to extend to casks, capable of containing two hundred gallons
45 or upwards, and which are not intended to be removed; but in order to
46 prevent the abuse of this exemption, it shall be necessary whenever any of the said
47 dealers shall have occasion to put any spirits into any cask of the capacity of two
48 hundred gallons or upwards, he or she shall give notice in writing of his or her
49 intention so to do, to the officer of inspection nearest the building or place in
50 which such cask shall be (if there shall he an officer of inspection within one mile
51 of such house or building) specifying the time when he or she intends to
52 commence the putting such spirits into such cask, to the end that the officer of
53 inspection may, by himself or deputy, attend the doing thereof; but, in case of non
54 attendance by tile officer or his deputy, such dealer may nevertheless proceed
55 therein according to his or her notification.
1Sec. 27. And be it further enacted, That every importer of distilled spirits,
2 who, on the first day of July next, shall have in his or her possession any distilled
3 spirits, shall, within three days thereafter, make due entry thereof with the officer
4 of inspection within whose district the same shall then be; who shall mark
5 the casks or cases containing such spirits, in like manner as is herein directed
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6 for spirits in possession of wholesale dealers; and all the casks or cases marked.
7 and the spirits therein contained. shall be under the like rules, regulations, and
8 forfeitures, in all things respecting the delivery thereof, and the certificate which
9 shall accompany the same, as is by the 24th section of this act provided for distilled
10 spirits in the possession of wholesale dealers; and if any such importer or
11 importers shall refuse or neglect to make such entry at the time and in the manner
12 herein directed, all such spirits as shall not be so entered shall be forfeited, and
13 the importer or importers in whose custody the same shall be found shall moreover
14 forfeit the sum equal to the full value thereof, according to the highest price
15 of such spirits in the market.
1Sec. 28. And be it further enacted, That, when any such wholesale dealer in
2 spirits shall bring into his or her entered house, building, or place, any of the said
3 spirits, if such house, building, or place, be within two miles of any office of
4 inspection, he or she shall, within twenty-four hours after the said spirits shall be
5 brought into such house, building, or place, send notice thereof in writing to the
6 said office, specifying therein the quantity and kinds of the spirits so brought in,
7 and the marks of the cask or casks, case or cases, containing the same, on pain of
8 forfeiting, for every neglect to give such notice, fifty dollars. And it shall be the
9 duty of the officer to whom such notice shall be given, forthwith thereafter to
10 inspect and take an account of such spirits.
1Sec. 29. And be it further enacted, That, if any distilled spirits shall be found
2 in the possession of any such dealer, without the proper certificates which ought
3 to accompany the same, it shall be presumptive evidence that the same are liable
4 to forfeiture, and it shall be lawful for any officer of inspection to seize them as
5 forfeited; and if, upon the trial, in consequence of such seizure, the owner or
6 claimant of the spirits seized shall not prove that the same were imported into the
7 United States according to law, or were distilled as mentioned in the thirteenth
8 and fourteenth sections of this act, and the duties thereupon paid, or were
9 distilled at one of the stills mentioned in the twentieth section of this act, they shall
10 be adjudged to be forfeited.
1Sec. 30. And be it further enacted, That it shall be lawful for the officers of
2 inspection of each district, at all times in the day-time, upon request, to enter
3 into all and every the houses, store-houses, ware-houses, buildings, and places, which
4 shall have been entered by the said wholesale dealers in manner aforesaid, and,
5 by tasting, gauging, or otherwise, to take an account of the quantity, kinds, and
6 proofs, of the said spirits therein contained; and, also, to take samples thereof,
7 paying for the same the usual price.
1Sec. 31. And be it further enacted, That every such defiler shall keep the
2 several kinds of spirits in his or her entered ware-house, building, or place,
3 separate and apart from each other, on pain of forfeiting, upon every conviction of
4 neglect, fifty dollars; and shall also, upon request, shew to the officers of inspection
5 of the district wherein he or she is so a dealer, or to any of them, each and
6 every cask, vessel, and case, in which he or she shall keep any distilled spirits, and
7 the certificates which ought to accompany the same, upon pain of forfeiting every
8 such cask, vessel, or case, as shall not be shewn, together with the spirits therein
9 contained.
1Sec. 32. And be it further enacted. That, if any person or persons shall rub out
2 or deface any of the marks set upon any cask or case pursuant to the directions
3 of this act, such person or persons shall, for every such offence, forfeit and pay
4 the sum of one hundred dollars.
1Sec. 33. And be it further enacted, That no cask, barrel, keg, or case, marked
2 as "old stock," shall be made use of by any dealer or distiller of spirits, for putting
3 or keeping therein any spirits other than those which were contained therein
4 when so marked, on pain of forfeiting the sum of one hundred dollars for every
5 cask, barrel, keg, vessel, or case, wherein any such spirits shall be so put or kept;
6 neither shall any such dealer have or keep any distilled spirits in any such cask,
7 barrel, keg, vessel, or case, longer than for the space of one year from the said
8 last day of June next, on pain of forfeiting the said spirits.
1Sec. 34. And be it further enacted, That, in case any of the said spirits shall be
2 fraudulently deposited, hid, or concealed, in any place whatsoever, with intent to
3 evade the duties hereby imposed upon them. they shall be forfeited: and, for the
4 better discovery of any such spirits so fraudulently deposited, hid, or concealed,
5 it shall be lawful for any judge of any court of the United States, or either of
6 them, or for any justice of the peace, upon reasonable cause of suspicion, to be
7 made out to the satisfaction of such judge or justice, by the oath or affirmation of
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8 any person, or persons, by special warrant or warrants, under their respective
9 hands and seals, to authorize any of the officers of inspection, by day, in the
10 presence of a constable or other officer of the peace, to enter into all, and every such
11 place or places, in which any of the said spirits shall be suspected to be so fraudulently
12 deposited, hid, or concealed, and to seize and carry away any of the said
13 spirits which shall be there found so fraudulently deposited, hid, or concealed, as
14 forfeited.
1Sec. 35. And be it further enacted, That, after the last day of June next, no
2 spirituous liquors shall be brought from any foreign port or place, in casks of less
3 capacity than fifty gallons at the least, on pain of forfeiting of the said spirits, and
4 of the ship or vessel in which they shall he brought: Provided, always, 'that
5 nothing in this act contained shall be construed to forfeit any spirits for being
6 imported or brought into the United States, in other casks or vessels than as
7 aforesaid, or the ship or vessel in which they shall be brought, if such spirits shall be
8 for the use of the seamen on board such ship or vessel, and shall not exceed the
9 quantity of four gallons for each such seaman.
1Sec. 36. And be it further enacted, That, in every case in which any of
2 the said spirits shall be forfeited by virtue of this act, the casks, vessels, and cases,
3 containing the same, shall also be forfeited.
1Sec. 37. And be it further enacted, That every dealer by wholesale, or distiller
2 of spirits, on which the duty is hereby charged by the gallon, shall keep, or cause
3 to be kept, an exact account of the said spirits which he or she shalt sell, send
4 out, or distil, distinguishing their several kinds and proofs; and shall, every day,
5 make a just and true entry in a hook, or on a paper, to he kept for that purpose,
6 of the quantities and particulars of the said spirits by him or her sold, sent out or
7 distilled on the preceding day; specifying the marks of the several casks m which
8 they shall be so sold or sent out, and the person to whom, and for whose use, they
9 shall be so sold or sent out: which said books and papers shall be prepared for
10 the making such entries, and shall be delivered, upon demand, to the said dealers
11 and distillers, by the inspectors of the revenue of the several districts, or by such
12 person or persons as they shall respectively for that purpose appoint, and shall be
13 severally returned or delivered at the end of each year, or when the game shall
14 be respectively filled up, (which shall first happen) to the proper officers of
15 inspection; and the truth of the entries, made therein, shall be verified upon the
16 oath or the affirmation of the person by whom those entries shall have been made,
17 and as often as the said hooks and papers shall be furnished, upon like demand,
18 by the proper officers of inspection to the said dealers and distillers respectively.
19 And the said books and papers shall, from time to time, while in the possession of
20 the said dealers and distillers, lie open for the inspection of, and upon request
21 shall be shewn to the proper officers of inspection, under whose survey the said
22 dealers and distillers shall respectively be, who may take such minutes,
23 memorandums, or transcripts thereof, as they may think fit. And, if any such dealer
24 or distiller shall neglect or refuse to keep such book or books, paper or papers,
25 or to make such entries therein, or to shew the same, upon request, to the proper
26 officer of inspection, or not return the same according to the directions of this
27 act, he or she shall forfeit, for every such refusal or neglect, the sum of one
28 hundred dollars.
1Sec. 38. And be it further enacted, That the penalties, by this act imposed on
2 distillers for neglecting to make report, to the inspectors, of their intentions of
3 distilling spirits, or for neglecting to mark the houses, apartments, or vessels to be
4 employed, or for neglecting to enter in books, or on paper, the quantity of spirits
5 distilled, shall not extend to any person who shall employ one still only, and that
6 of a capacity not exceeding fifty gallons, including the still head.
1Sec. 39. And be it further enacted, That the several kinds of proof herein
2 before specified, shall, in marking the casks, vessels, and cases, containing any distilled
3 spirits, be distinguished, corresponding with the order in which they are
4 mentioned, by the wordsfirst proof, second proof, third proof, fourth proof, fifth proof,
5 sixth proof: which words may be expressed by their respective initials. And that
6 it be the duty of the Secretary of the Treasury to provide and furnish to the
7 officers of inspection of the customs, proper instruments for ascertaining the said
8 several proofs.
1Sec. 40. And be it further enacted, That, in any prosecution or action which may
2 be brought against any inspector, or other, officer of inspection, for any seizure by
3 him made, it shall be necessary for such inspector or officer to justify himself by
4 making it appear that there was probable cause for making the said seizure; upon
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5 which, and not otherwise, a verdict shall pass in his favor. And in any such action
6 or prosecution for in any action or prosecution which may be brought against such
7 inspector or other officer, for irregular or improper conduct in the execution of
8 his duty, the trial shall be by jury. And in any action for a seizure, in which a
9 verdict shall pass for such inspector, the jury shall, nevertheless, assess reasonable
10 damages for any prejudice or waste, (according to the true amount in value thereof,)
11 which shall be shewn by good proof to have happened to the spirits seized,
12 in consequence of such seizure; and, also, for the detention of the same, at the rate
13 of six per cent. per annum, on the true value of the said spirits at the time of
14 such seizure, from that time to the time of restoration thereof; which shall be paid
15 out of the Treasury of the United States: Provided, that no damages shall be assessed
16 when the seizure was made for want of the proper certificate or certificates,
17 or by reason of a refusal to shew any officer of inspection, upon his request,
18 the spirits in any entered house, or other building or place.
1Sec. 41. And be it further enacted, That, if any inspector, or other officer of
2 inspection, in any criminal prosecution against him, shall be convicted of oppression
3 or extortion in the execution of his office, he shall be fined not exceeding five
4 hundred dollars, or imprisoned not exceeding six months, or both, at the discretion
5 of the court; and shall also forfeit his office.
1Sec. 42. And be it further enacted, That no fee shall be taken for any certificate
2 to be issued or granted pursuant to this act.
1Sec. 43. And be it further enacted, That, if any of the said inspectors, or other
2 officers of inspection, shall neglect to perform any of the duties hereby enjoined
3 upon them, respectively, according to the true intent and meaning of this act,
4 whereby any person or persons shall be injured or suffer damage, such person or
5 persons shall and may have an action founded upon this act, against such inspector,
6 or other officers, and shall recover full damages for the same, together with
7 costs of suit.
1Sec 44. And be it further enacted, That any action or suit to be brought
2 against any person, or persons, for any thing by him or them done, in pursuance
3 of this act, shall be commenced within three months next after the matter or
4 thing done, and shall be laid in the proper county in which the cause of action
5 shall have arisen; and the defendant, or defendants, in any such action or suit,
6 may plead the general issue, and on the trial thereof give this act and the special
7 matter in evidence; and it a verdict shall pass for the defendant or defendants, or
8 the plaintiff or plaintiffs become nonsuited, or discontinue his, her, or their action
9 or prosecution, or judgment shall be given against such plaintiff or plaintiffs,
10 upon demurrer or otherwise, then such defendant, or defendants, shall have
11 costs awarded to him, her, or them, against such plaintiff, or plaintiffs
1Sec. 45. And in order that all persons who may have incurred any of the penalties
2 of this act, without wilful negligence or intention of fraud, may be relieved
3 from such penalties:
4 Be it further enacted, That it shall be lawful for the judge of the district within
5 which such penalty or forfeiture shall have been incurred, upon petition of the
6 party wire shall have incurred the same, to inquire, in a summary manner into the
7 circumstances of the case, first causing reasonable notice to be given to the person
8 or persons claiming such penalty or forfeiture, and to the attorney of such district;
9 to the end that each may have an opportunity of shewing cause against the mitigation
10 or remission thereof: and if, upon such inquiry, it shall appear to the said
11 judge, that such penalty or forfeiture was incurred without wilful negligence, or
12 any design or intention of fraud, it shall be lawful for him to remit the same, and to
13 cause any spirits which may have been seized to be restored to the proprietor, or
14 proprietors, upon such terms and conditions as shall appear to him reasonable. And
15 the decision of the judge, (if the terms and conditions prescribed by him be complied
16 with) shall be conclusive to the parties: Provided, that such penalty, or the
17 value of the spirits forfeited, does not exceed five hundred dollars; but, if the amount
18 of such penalty, or forfeiture, exceed five hundred dollars, the
19 person or persons claiming the same may, within three days after such decision shall be
20 pronounced, appeal from the same to the circuit court of the district; which court
21 shall summarily hear the parties, and either confirm or reverse the decision of the
22 district judge, as shall appear to them proper: Provided, always, that, after the first
23 day of July, in the year one thousand seven hundred and ninety-two, such remission
24 shall in no case exceed one half the penalty, or half the spirits forfeited, or
25 the value thereof.
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1Sec. 46. And be it further enacted, That the one half of all penalties and forfeitures,
2 incurred by virtue of this act, except as above provided, shall be for the
3 benefit of the person or persons who shall make a seizure, or who shall first discover
4 the matter or thing whereby the same shall have been incurred, and the
5 other half to the use of the United States. And such penalty and forfeiture shall
6 be recoverable, with costs of suit, by action of debt, in the name of the person or
7 persons entitled thereto, or by information in the name of the United States of
8 America; and it shall be the duty of the attorney of the district wherein any such
9 penalty or forfeiture may have been incurred, upon application to him, to institute
10 or bring such information accordingly: Provided, always, That no officer of inspection,
11 other than chief officer, or officers of a district, shall be entitled to the
12 benefit of any forfeiture, unless notice of the seizure, by him made, shall be by
13 him given within forty-eight hours next after such seizure, to the said chief officer
14 or officers; but, in such case, the United States shall have the entire benefit
15 of such forfeiture.
1Sec. 47. And be it further enacted, That, if any person or persons shall counterfeit
2 or forge, or cause to be counterfeited or forged, any of the certificates
3 hereinbefore directed to be given, or shall knowingly or willingly accept or receive
4 any false or untrue certificate with any of the said spirits, or shall fraudulently
5 alter or erase any such certificate, after the same shall be given, or knowingly
6 or willingly publish or make use of such certificate so counterfeited, forged,
7 false, untrue, altered, or erased, every person so offending shall, for each and
8 every offence, severally forfeit and pay the sum of five hundred dollars.
1Sec. 48. And be it further enacted, That any person, or persons, that shall be
2 convicted of wilfully taking a false oath, or affirmation, in any of the cases in
3 which oaths or affirmations are required to be taken, by virtue of this act, shall
4 be liable to the pains and penalties to which persons are liable for wilful and corrupt
5 perjury.
1Sec. 49. And be it further enacted, That, if any person or persons shall give,
2 or offer to give, any bribe, recompence, or reward, whatsoever, to any inspector,
3 or officer of inspection, of the revenue, in order to corrupt, persuade, or prevail,
4 upon such officer, either to do any act or acts contrary to his duty in the execution
5 of this act; or to neglect, or omit to do, any act or thing which he ought to do
6 in the execution of this act; or to connive at, or to conceal, any fraud or frauds
7 relating to the duties hereby imposed on any of the said spirits, or not to discover
8 the same, every such person or persons shall, for such offence, whether the same
9 offer or proposal be accepted or not, forfeit and pay a sum not exceeding five
10 hundred dollars.
1Sec. 50. And be it further enacted, That, if any person or persons shall forcibly
2 obstruct or hinder any inspector, or officer of inspection, in the execution of
3 this act, or of any of the powers or authorities hereby vested in him, or shall forcibly
4 rescue, or cause to be rescued, any of the said spirits, after the same shall have
5 been seized by any such inspector or officer, or shall attempt or endeavor so to
6 do, all and every person and persons, so offending, shall, for every such offence,
7 for which no other penalty is particularly provided by this act, forfeit and pay a
8 sum not exceeding two hundred dollars.
1Sec. 51. And be it further enacted, That, if any such inspector, or officer, shall
2 enter into any collusion with any person, or persons, for violating or evading any
3 of the provisions of this act, or the duties hereby imposed; or shall fraudulently
4 concur in the delivery of any of the said spirits out of any house, building,
5 or place, wherein the same are deposited, without payment, or security for the
6 payment, of the duties thereupon; or shall falsely, or fraudulently, mark any cask,
7 case, or vessel, contrary to any of the said provisions; or shall embezzle the public
8 money, or otherwise be guilty of fraud in his office; such inspector or officer
9 shall, for every such offence, forfeit the sum of one thousand dollars; and, upon
10 conviction of any of the said offences, shall forfeit his office, and shall be disqualified
11 from holding any other office under the United States.
1Sec. 52. And be it further enacted, That it shall be lawful for the inspectors
2 of the revenue, and, when requested by any such dealer, they are hereby required
3 to provide blank certificates, in such form as shall be directed by the Secretary
4 of the Treasury, and, in the cases in which certificates are hereby directed to
5 be issued or granted by the said dealers, to furnish them therewith the blanks in
6 which certificates shall be filled up by such dealers, according to the nature and
7 truth of each particular case, subject to the penalty heretofore declared for
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8 granting or using false or untrue certificates. And every such dealer shall, from
9 time to time, when thereunto requested, account with such inspectors, respectively,
10 for the number of certificates received by him, and for the disposition of
11 such of them as may have been disposed of, and shall produce and show the residue
12 due thereof to the said inspector; and shall pay, for every certificate for which
13 he cannot satisfactorily account, the sum of fifty cents.
1Sec. 53. And be it further enacted, That, in every case in which an oath or
2 affirmation is required by virtue or this act, it shall be lawful for the inspectors of
3 the revenue, or any of them, or their lawful deputy, or the lawful deputy of one
4 of them, where not more than one in a district, to administer and take such oath
5 or affirmation; and that, wherever there are more than one inspector for one
6 district, a majority of them may execute all and any of the powers and authorities
7 hereby vested in the inspectors of the revenue: Provided, That this shall not
8 be construed to make a majority necessary in any case in which, according to the
9 nature of the appointment or service, and the true intent of this act, the authority
10 is, or ought to be, several.
1Sec. 54. And, for the encouragement of the export trade of the United States,
2 Be it further enacted, That, if any of the said spirits (whereupon any of the
3 duties imposed by this act shall have been paid or secured to be paid) shall, after
4 the last day of June next, be exported from the United States to any foreign
5 port or place, there shall be an allowance to the exporter or exporters thereof,
6 by way of drawback, equal to the duties thereupon, according to the rates in each
7 case by this act imposed, deducting therefrom half a cent. per gallon, and, adding
8 to the allowance upon spirits distilled within the United States, from molasses,
8 which shall be so exported, three cents per gallon, as an equivalent for the duty
9 laid upon molasses, by the said act making further provision for the payment of
10 the debts of the United States: Provided, always, That the said allowance shall
11 not be made, unless the said exporter, or exporters, shall observe the regulations
12 hereinafter prescribed: And provided, further, That nothing herein contained
13 shall be construed to alter the provisions in the said former act, concerning drawbacks
14 or allowances, in nature thereof, upon spirits imported prior to the first
15 day of July next.
1Sec. 55. And be it further enacted, That, in order to entitle the said exporter,
2 or exporters, to the benefit of the said allowance, he, she, or they, shall, previous
3 to putting or lading any of the said spirits on board of any ship or vessel for exportation,
4 give twenty-four hours notice, at the least, to the proper officer of inspection
5 of the port from which the said spirits shall be intended to be exported, of
6 his, her, or their intention, to export the same, and of the number of casks and
7 cases, or either of them, containing the said spirits so intended to be exported,
8 and of the respective marks thereof, and of the place or places where the said
9 spirits shall be then deposited, and of the place to which, and ship or vessel in
10 which, they shall be so intended to be exported: whereupon, it shall be the duty
11 of the said officer to inspect, by himself or deputy, the casks and cases so noticed
12 for exportation, and the quantities, kinds, and proofs, of the spirits therein;
13 together with the certificates which ought to accompany the same, according to
14 the directions of this act, which shall be produced to him for that purpose; and,
15 if he shall find that the said casks and cases have the proper marks, according to
16 the directions of this act, and that the spirits therein correspond with the said
17 certificates, he shall, thereupon, brand each cask or case with the word "Exportation;"
18 and the said spirits shall, after such inspection, be laden on board the
19 same ship or vessel of which notice shall have been given, and in the presence
20 of the same officer who shall have examined the same and whose duty it shall be
21 to attend for that purpose. And, after the said spirits shall be laden on board
22 such ship or vessel, the certificates aforesaid shall be delivered to the said officer,
23 who shall certify, to the collector of the said district, the amount and particulars
24 of the spirits so exported, and shall also deliver the said certificates, which
25 shall have been by him received, to the said collector, which shall be a voucher
26 to him for payment of the said allowance.
1Sec. 56. Provided. nevertheless, and be it further enacted, That the said allowance
2 shall not be made, unless the said exporter, or exporters, shall make
3 oath, or affirmation, that the said spirits, so noticed for exportation, and laden on
4 board such ship or vessel, are truly intended to be exported to the place whereof
5 notice shall have been given, and are not intended to be relanded within the
6 United States; and that he or site doth verily believe that the duties, thereupon
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7 charged by this act, have been duly paid; and shall also give bond to the collector,
8 with two sureties, one of whom shall be the master, or other person having
9 the command or charge of the ship or vessel, in which the said spirits shall be intended
10 to be exported; the other. such sufficient person as shall be approved by
11 the said collector, in the full value, in the judgment of the
12 said collector, of the said spirits so intended to be exported; with condition that the said spirits (the
13 dangers of the seas and enemies excepted) shall be really and truly exported to,
14 and landed in, some port or place without the limits of the United States, according
15 to the late treaty of peace with Great Britain; and that the said spirits shall
16 not be unshipped from on board of the said ship or vessel, whereupon the same
17 shall have been laden for exportation, within the said limits, or any ports or harbors
18 of the United States, or relanded in any other part of the same (shipwreck,
19 or other unavoidable accident, excepted.)
1Sec. 57. Provided, also, and be it further enacted, That the said allowance shall
2 not be paid until six months after the said spirits shall have been so exported:
3 And provided, also, that, whenever the owner of any ship or vessel, on board of
4 which any such spirits are laden for exportation, shall make known to the collector,
5 previous to the departure of such ship, or vessel, from the port where such
6 spirits are laden, that such ship, or vessel, is not going to proceed the voyage intended,
7 or the voyage is altered, it shall be lawful for the collector to grant a
8 permit for the re-landing the same.
1Sec. 58. And be it further enacted, That, if any of the said spirits, after the
2 same shall have been shipped for exportation, shall be unshipped for any purpose
3 whatever, either within the limits of any part of the United States, or within four
4 leagues of the coast thereof, or shall he re-landed within the United States, from
5 on board the ship or vessel wherein the same shall have been laden for exportation,
6 unless the voyage shall not be proceeded on, or shall be altered as aforesaid,
7 or unless, in case of necessity, or distress, to save the ship and goods from perishing,
8 which shall be immediately made known to the principal officer of the customs residing
9 at the port nearest to which such ship, or vessel, shall be at the time such
10 necessity or distress shall arise; then, not only the spirits so unshipped, together
11 with the casks and cases containing the same, but, also, the ship, or vessel in, or on
12 board which the same shall have been so shipped or laden, together with her
13 guns, furniture, ammunition, tackle, and apparel; and, also, the ship, vessel, or
14 boat, into which the said spirits shall be unshipped or put, after the unshipping
15 thereof, together with her guns, furniture, ammunition, tackle, and apparel, shall
16 be forfeited, and may be seized by any officer of the customs, or of inspection,
17 unless the voyage shall not be proceeded on, or be altered as aforesaid.
1Sec. 59. And be it further enacted, That the said allowance shall not be made
2 when the said spirits shall he exported in any other than a ship, or vessel of the
3 burthen of thirty tons and upwards, to be ascertained to the satisfaction of the
4 collector of the district from which the same shall be intended to be exported.
1Sec. 60. And be it further enacted, That the bonds to be given as aforesaid
2 shall, and may be discharged by producing, within one year from the respective
3 dates thereof, (if the same be shipped to any part of Europe or America, and
4 within two years if shipped to any part of Asia or Africa, and if the delivery of the
5 spirits in respect to which the same shall have been given, be at any place where
6 a consul, or other agent of the United States, resides,) a certificate of such consul
7 or agent, and if there be no such consul, or agent, then a certificate of any two
8 known and reputable American merchants residing at the said place; and, if
9 there be not two such merchants residing at the said place, then a certificate of
10 any other two reputable merchants, testifying the delivery of the said spirits at
11 the said place, Which certificate shall in each case be confirmed by the oath or
12 affirmation of the master and mate, or other like officer, of the vessel in which
13 the said spirits shall have been exported; and when such certificate shall be from
14 any other than a consul, or agent, or merchants of the United States, it shall be a
15 part of the said oath, or affirmation, that there were not, upon diligent inquiry,
16 to be found two merchants of the United States at the said place: Provided, always,
17 that, in the case of death, the oath or affirmation of the party dying shall
18 not be deemed necessary: And provided further, that the said oath or affirmation,
19 taken before the chief civil magistrate of the place of the said delivery, and
20 certified under his hand and seal, shall be of the same validity as if taken before
21 a person qualified to administer oaths within the United States; or such bonds
22 shall and may be discharged upon proof that the spirits an exported were taken
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23 by enemies, or perished in the sea, or were destroyed by fire; the examination
24 and proof of the same being left to the judgment of the collector of the customs,
25 naval officer, and chief officer of inspection, or any two of them, of the place from
26 which such spirits shall have been exported. And in cases where the certificates
27 herein directed cannot be obtained, the exporter or exporters of such spirits shall
28 nevertheless be permitted to offer such other proof, as to the delivery of the said
29 spirits, without the limits of the United States, as he or they may have; and if
30 the same shall be deemed sufficient by the said collector, he shall allow the same,
31 except when the drawback to be allowed shall amount to one hundred dollars or
32 upwards: in all which cases the proofs aforesaid shall be referred to the comptroller
33 of the treasury, whose decision thereon shall be final.
1Sec. 61. And be it further enacted, That the prosecution for all fines, penalties,
2 and forfeitures, incurred by force of this act, and for all duties payable in virtue
3 thereof, and which shall not be duly paid, shall and may be had before any
4 justice of the peace, or court of any state of competent jurisdiction, or court of
5 the United States of the district in which the cause of action shall arise, with an
6 appeal, as in other cases: Provided, that where the cause of action shall exceed
7 in value fifty dollars, the same shall not be cognizable before a justice of the
8 peace only.
1Sec. 62. And be it further enacted, That this act shall commence and take
2 effect as to all matters therein contained, in respect to which no special commencement
3 is hereby provided (except as to the appointment of officers and regulation
4 of the districts) from and immediately after the last day of June next.
1Sec. 63. And be it further enacted, That the net product of the duties herein
2 before specified, which shall be raised, levied, and collected, by virtue of this act,
3 or so much thereof as may be necessary, shall be, and they are hereby, pledged
4 and appropriated for the payment of the interest of the several and respective
5 loans which had been made in foreign countries, prior to the fourth day of August
6 last; and, also, upon all and every the loan and loans which have been made
7 and shall be made and obtained pursuant to the act, entitled "An act making
8 provision for the debt of the United States;" and, according to the true intent
9 and meaning of the said act, and of the several provisions and engagements there,
10 in contained and expressed, and subject to the like priorities and reservations as
11 are made and contained in and by the said act, in respect to the moneys therein
12 appropriated, and subject to this further reservation, that is to say; of the net
13 amount or product during the present year, of the duties laid by this act, in addition
14 to those heretofore laid upon spirits imported into the United States, from
15 any foreign port or place, and of the duties laid by this act on spirits distilled
16 within the United States, and on stills; to be disposed of in the first place to the
17 discharge of the debts of the United States, arising since the first day of September
18 last, and unprovided for by any prior appropriations; and the residue to be
19 applied towards sinking the principal of the stock and loans above mentioned.--
20 And to the end that the said moneys may be inviolably applied in conformity to
21 the appropriation hereby made, and may never be diverted to any other purpose
22 until the final redemption or reimbursement of the loans or sums for the payment
23 of the interest whereof they are appropriated, an account shall be kept of the receipts
24 and disposition thereof, separate and distinct from the product of any other
25 duties, impost, excise, and taxes whatsoever, except those heretofore laid and
26 appropriated to the same purposes: Provided, always, that nothing herein contained
27 shall be construed to prevent the Legislature of the United States from
28 substituting other duties or taxes of equal value to any or all of the said duties
29 and imposts.
1Sec. 64. And be it further enacted, That the unappropriated surplus, if any
2 there shall be, of the revenue arising under this act, at the end of each year,
3 shall be applied to the reduction of the public debt, in like manner as is directed
4 by the act, entitled "An act making provision for the reduction of the public
5 debt;" and provided by the act, entitled "An set making provision for the debt
6 of the United States;" unless the said surplus, or any part thereof, shall he required
7 to the public exigencies of the United States, and shall, by special acts of Congress,
8 be appropriated thereto.
1Sec. 65 And be it further enacted, That the several duties imposed by this
2 act shall continue to be collected and paid until the debts and purposes for which
3 they are pledged and appropriated shall be fully discharged and satisfied, and no
4 longer.
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"January 27th, 1791, passed the House of Representatives."
January 28th, 1791, before the Senate for concurrence:
On motion to expunge the sixty-fifth section;
It passed in the negative.
On motion "to amend the thirteenth section, line 6th, by expunging eleven, and inserting eight; and that in the fourteenth section, in the 6th line, the word "nine," be struck out, and "six" inserted; and that the duties proposed to be raised by this bill from spirits distilled in the United States, be conformed to this ratio in the different grades mentioned in the bill, keeping the same rate of difference in each;"
It passed in the negative.
On motion "to amend section thirteenth, line 6th, by striking out eleven, and inserting nine;"
It passed in the negative.
On motion "to amend section first, line 9th, by inserting one between twenty and cents, and to make a proportionable addition upon all the different grades of imported spirits mentioned in the bill; and in like proportion to reduce the duty on distilled spirits manufactured within the United States;"
It passed in the negative.
Ordered, That the fourth section of the bill be recommitted for further amendment.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, FEBRUARY 11, 1791.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act authorizing the President of the United States to cause the debt due to foreign officers to be paid and discharged;"
Also, the bill, entitled "An act to continue in force, for a limited time, an act passed at the first session of Congress, entitled 'An act to regulate processes in the courts of the United States;" in which they desire the concurrence of the Senate.
I am directed to inform the Senate, that the President of the United States has notified the House of Representatives, that he has, this day, approved and signed "An act making appropriations for the support of government during the year one thousand seven hundred and ninety one, and for other purposes." And he withdrew.
The Senate proceeded to the first reading of the bill sent from the House of Representatives for concurrence, as follows:
An act to continue in force, for a limited time, an act passed at the first session of Congress, entitled "An act to regulate processes in the courts of the United States."
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That an act passed on the twenty-ninth day
3 of September, in the year one thousand seven hundred and eighty-nine, entitled,
4 "An act to regulate processes in the courts of the United States," shall be, and
5 the same hereby is, continued in force until the end of the next session of Congress,
6 and no longer.
1791, Feb. 11. Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
The Senate proceeded to the first reading of the bill sent from the House of Representatives for concurrence, as follows:
An Act authorizing the President of the United States to cause the debt due to foreign officers to be paid and discharged.
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That the President of the United States be,
3 and he hereby is, requested to cause the debt, including principal and interest,
4 due by the United States to the officers of the late army thereof, the interest,
5 whereof is payable in Paris, in the kingdom of France, to be paid and discharged
6 out of any moneys which shall have been borrowed pursuant to the second section
7 of the act, entitled "An act making provision for the debt of the United
8 States:" Provided, that such payment do not, in anywise, interfere with the purposes
9 poses therein specified and provided for.
1791, Feb. 11. Passed the House of Representatives.
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Ordered, That this bill pass to the second reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill, entitled "An act to alter the time of the next meeting of Congress;" in which they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to the first reading of the bill sent from the House of Representatives for concurrence, as follows:
An Act to alter the time of the next meeting of Congress.
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That, after the close of the present session
3 of Congress, the next meeting shall be on the first Monday of November next.
1791, Feb. 11. Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
"The bill for the admission of the state of Vermont into this Union" was read the second time; and,
On motion, it was agreed that the second section should be expunged.
Ordered That this bill pass to the third reading.
On motion, it was agreed, by unanimous consent, to dispense with the rule, so far as to permit Mr. King, at this time, to bring in "a bill regulating the number of representatives to be chosen by the states of Kentucky and Vermont;" which bill was read the first time, as follows:
An act regulating the number of Representatives to be chosen by the states of Kentucky and Vermont.
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That, until the Representatives in Congress
3 shall be apportioned according to an actual enumeration of the inhabitants of the
4 United States, the states of Kentucky and Vermont shall each be entitled to
5 choose two representatives.
It was agreed, by unanimous consent, that the rule be so far dispensed with, as that this bill be now read the second time.
Ordered, That this bill pass to the third reading.
Mr. Morris reported, from the committee instructed to consider the fourth section of the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same," a further amendment; and the report was adopted.
Ordered, That the report and the bill be recommitted, and that the committee be instructed to conform the bill to the several amendments agreed on.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --SATURDAY, FEBRUARY 12, 1791.
The Senate assembled: present as yesterday.
And, agreeably to the order of the day, proceeded to the third reading of the bill "for the admission of the state of Vermont into this Union."
Resolved, That this bill do pass, and that the title of it be "An act for the admission of the state of Vermont into this Union."
Ordered, That the Secretary carry this bill to the House of Representatives, and desire concurrence therein.
The Senate proceeded to the third reading of the "bill regulating the number of Representatives to be chosen by the states of Kentucky and Vermont."
Resolved, That this bill do pass, and that the title thereof be "An act regulating the number of Representatives to be chosen by the states of Kentucky and Vermont."
Ordered, That the Secretary carry this bill to the House of Representatives and desire concurrence therein.
The Senate proceeded to the consideration of the report of the joint committee appointed "to confer on and report what time will be proper for the commencement of the next session of Congress;" and,
Ordered, That the further consideration hereof be postponed to this day se'nnight.
The resolution of the House of Representatives of the 28th January, on the report of the joint committee on this subject, was read.
Ordered, That the consideration thereof be postponed to the same time.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined
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the enrolled bill, entitled, "An act to incorporate the subscribers to the bank of the United States," and that it was correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate, for the signature of the Vice President. And he withdrew.
The Vice President signed the enrolled bill, entitled "An act to incorporate the subscribers to the bank of the United States," and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The bill, entitled "An act to alter the time of the next meeting of Congress," was read the second time; and,
Ordered, That the further consideration hereof be postponed to this day se'nnight.
The bill, entitled "An act authorizing the President of the United States to cause the debt due to foreign officers to be paid and discharged," was read the second time; and,
Ordered, That this bill be committed to Messrs. Maclay, Dickinson, and Wingate, to consider and report what is proper to be done thereon.
The bill entitled "An act to continue in force, for a limited time, an act passed at the first session of Congress, entitled 'An act to regulate processes in the courts of the United States," was read the second time.
Ordered, That this bill pass to the third reading.
Mr. Morris reported, from the committee to whom was recommitted the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same"
On motion, "that the rates of duties on imported spirits be so increased as that the sums payable on imported spirits shall be one third higher than the duties payable on spirits of similar proof distilled within the United States from foreign materials;"
It passed in the negative.
On the question, shall this bill pass as amended? the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Butler, Carroll, Dickinson, Ellsworth, EImer, Few, Hawkins, Henry, Johnson Johnston, Izard, King, Langdon, Monroe, Morris, Read, Schuyler, Stanton, and Wingate.--20.
Nays.--Messrs. Dalton, Foster Gunn, Maclay, and Strong.--5.
So it was,
Resolved, That this bill pass, with the following amendments:
Sec. 3. Line 3d, after "fifty," insert "and shall not amount to more than five hundred."
Lines 5, 6, expunge "of one moiety thereof in three months, and the other moiety thereof in six months," and substitute "thereof in four months; and if the amount of the said duties shall exceed five hundred dollars, the same may be immediately paid, or secured by bond, with condition for the payment thereof in six months.
"Line 6, after "bond," insert "in either case."
Line 15, expunge from the word" made," to the word "shall," in the 17th line, and substitute "and if, at the expiration of the time mentioned in the bond for the payment of the duties thereby intended to be secured, the same shall not be paid, then the said deposited spirits."
Line 23, expunge from the word "Representatives," to the end of the section.
Sec. 4. Expunge the whole section, and substitute--
"In order to a due collection of the duties imposed by this act, Be it further enacted, That the United States shall be divided into thirteen districts, each consisting of one state, but subject to alterations by the President of the United States, from time to time, by adding to the smaller such portion of the greater, as shall in his judgment best tend to secure and facilitate the collection of the revenue: which districts it shall be lawful for the President of the United States to subdivide into surveys of inspection, and the same to alter at his discretion.
"That the President be authorised to appoint, with the advice and consent of the Senate, a supervisor to each district, and as many inspectors to each survey therein as he shall judge necessary, placing the latter under the direction of the former: Provided, always, that it shall and may be lawful for the President, with the advice and consent of the Senate, in his discretion, to appoint such, and so many, officers of the customs to be inspectors, in any survey of inspection, as he shall deem advisable to employ in the execution of this act: Provided, also, that where, in the judgment of the President, a
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supervisor can discharge the duties of that office, and also that of inspector, he may direct the same: And provided further, that, if the appointment of the inspectors of surveys, or any part of them, shall not be made during the present session of Congress, the President may, and he is hereby empowered to make such appointments, during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.
Sec. -- And be it further enacted, That the supervisors, inspectors, and officers, to be appointed by virtue of this act, and who shall be charged to take bonds for securing the payment of the duties upon spirits distilled within the United States, and with the receipts of moneys in discharge of such duties. shall keep fair and true accounts and records of their transactions in their respective offices, in such manner and form as may be directed by the proper department or officer having the superintendence of the collection of the revenue, and shall at all times submit their books, papers, and accounts, to the inspection of such persons as are or may be appointed for that purpose: and shall at all times pay to the order of the officer who is or shall be authorized to direct the payment thereof, the whole of the moneys which they may respectively receive by virtue of this act; and shall also, once in every three months, or oftener if they shall be required, transmit their accounts for settlement to the officer or officers whose duty it is or shall be to make such settlement.
Sec. -- And be it further enacted, That all officers and persons to be appointed pursuant to this act, before they enter on the duties of their respective offices, shall take an oath, or affirmation, diligently and faithfully to execute the duties of their said offices, respectively, and to use their best endeavors to prevent and detect frauds, in relation to the duties on spirits imposed by this act: which oath or affirmation may be taken before any magistrate authorised to administer oaths, within the district or survey to which he belongs, and being certified under the hand and seal of the magistrate by whom the same shall have been administered, shall, within three months thereafter, be transmitted to the Comptroller of the Treasury; in default of taking which oath or affirmation, the party failing shall forfeit and pay two hundred dollars to the use of the United States, to be recovered with costs of suit.
Sec. 5. Line 1, expunge 'inspector or inspectors;' substitute 'supervisor.'
Sec. 6. Lines 5, 6, after the word 'to,' insert 'one of;' add 's' to 'inspector.'
Line 6, expunge 'or other chief officer of inspection.'
Sec. 7. Line 7, expunge 'inspector of the revenue or other.'
Sec. 8. Line 7, expunge 'proper.'
Line 7, after 'inspection,' insert 'to whom report was made.'
Line 9, after 'certified,' insert 'or reported.'
Lines 11, 12, expunge 'without fee or charge.'
Sec. 10. Lines 3, 4, and 12, after 'casks,' insert 'vessels.'
Line 12, after 'each,' expunge to the end of the section, and substitute 'and if' such officer is not the chief inspector within the survey, he shall, as soon as may be thereafter, make an exact transcript of each entry, and deliver the same to such chief inspector, who shall keep a like book for recording the said transcripts.'
Sec. 11. Lines 1, 2, expunge 'inspector of the revenue or other.'
Lines 8, 9, expunge 'inspector or other chief;' also, expunge 'of inspection.'
Line 12, expunge 'of inspection.'
Line 14, after 'particularly,' insert 'as.'
Sec. 12. Expunge the whole section.
Sec. 16. Line 8, before 'officer,' insert 'chief.'
Sec. 17. Line 1, expunge from the word 'the,' to the word 'who,' in the 3d line, and substitute 'supervisor of each district shall appoint proper officers to have the charge and survey of the distilleries within the same, assigning to each one or more distilleries as he may think proper.'
Sec. 18. Line 2, expunge 'of inspection,' and, after 'whose,' insert 'charge and.'
Line 19. After 'tackling,' insert 'and the vessel or boat, with its tackle and apparel'
Sec. 19. At the end of the section, add, 'except by consent and in presence of the officer having the charge and survey thereof on pain of forfeiture of such spirits, or the value thereof, at the highest price in the market; to be recovered, with costs of suit, from the acting owner or manager of such distillery.'
Sec. 22. Line 2, expunge 'inspector of the revenue who;' substitute 'supervisor,'
Line 3, after 'district.' insert 'who.'
Line 10, expunge 'inspector or inspectors;' substitute 'supervisors.'
Sec. 23. Line 3, expunge 'or on a paper.'
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Line 6, expunge 'or paper.'
Line 6, expunge 'proper.'
Line 13, expunge 'or paper.'
Sec. 24. Line 2, expunge from the preamble, after the word 'imposed,' and also the whole section; and, after the said word 'imposed,' add 'on spirits distilled within the United States.'
Sec. 25. Line 5, expunge 'and.'
Line 2, expunge 'within any city, town, or village, and substitute ' from molasses, sugar, or other foreign materials, or from materials the growth or production of the United States.'
Line 14, expunge 'within any city, town, or village.'
Line 22, expunge 'inspector;' substitute, supervisor.'
Line 25, expunge 'dealers in or.'
Line 34, after the word 'aforesaid,' expunge to the end of the section.
Sec. 26. Line 1, expunge 'inspector or inspectors;' substitute 'supervisor.'
Lines 5, 6, expunge 'or their.'
Line 9, expunge 'dealer or.'
Line 11, after 'stock,' expunge the remainder of the section, and substitute 'and the inspector of each survey shall keep a book, wherein he shall enter the name of every distiller, and the particulars of such old stock in the possession of each, designating the several casks, cases, and vessels containing the same, and their respective quantities, kinds, proofs, and marks; and shall also give a certificate to every such distiller, of the quantity and particulars of such old stock in his or her possession, and a separate certificate for each cask, case, or vessel, describing the same; which certificate shall accompany the same wheresoever it shall be sent. And such distiller, his or her agent or manager, upon the sale and delivery of any of the said spirits, shall deliver to the purchaser or purchasers thereof the certificate or certificates that ought to accompany the same, on pain of forfeiting fifty dollars for each cask, case, or vessel with which such certificate shall not be delivered.'
Sec. 27. Line 4, expunge 'within whose district;' substitute 'at the port where.'
Line 5, expunge from the word 'herein,' to the word 'and,' in the 10th line, and substitute 'before directed, touching such spirits as shall be in the possession of distillers on the first day of July next, and shall grant the like certificates therefor as for such spirits; which certificates shall accompany the respective casks, cases, and vessels, to which they shall relate, wheresoever they shall be sent; and such importer, his or her agent, upon the sale and delivery of any of the said spirits, shall deliver, to the purchaser or purchasers thereof, the certificate or certificates which ought to accompany the same, on pain of forfeiting fifty dollars for each cask, case, or vessel, with which such certificate shall not be delivered.'
Sec. 28. Expunge the whole section.
Sec. 29. Line 1, expunge from the word 'any,' to the word 'it,' in the 3d line, and substitute 'cask, case, or vessel, containing distilled spirits, which, by the foregoing provisions of this act, ought to be marked and accompanied with a certificate, shall be found in the possession of any person, unaccompanied with such marks and certificate.'
Sec. 30. Line 2, expunge 'district,' substitute 'survey.'
Line 4, expunge 'by the said wholesale dealers.'
Sec. 31. Expunge the whole section.
Sec. 33. Line 2, expunge 'dealer or.'
Line 6, expunge 'dealer,' substitute 'distiller.' At the end of the section, add, 'Provided, that nothing in this section contained shall be construed to extend to casks or vessels capable of containing two hundred gallons and upwards, and which are not intended to be removed.'
Sec 34. Lines 9, 10, expunge 'in the presence of a constable or other officer of the peace.'
Sec. 35. Line 2, after 'liquors,' insert 'except gin or cordials in cases, jugs, or bottles.'
Line 9, expunge 'such.'
Sec. 37. Line 1, expunge 'dealer by wholesale, or.'
Line 5, expunge 'or on a paper.'
Line 9, expunge 'and papers.'
Lines 10, 11, expunge 'dealers and;' expunge 'inspectors,' substitute, 'supervisors.'
Line 17, expunge 'and papers.'
Line 18, expunge 'dealers and.'
Line 19, expunge 'and papers,'
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Line 20, expunge 'dealers and.'
Line 22, expunge 'dealers and.'
Lines 23, 24, expunge 'dealer or.'
Line 24, expunge 'paper or papers.'
Sec. 39. Line 5, expunge 'which words may be expressed by their respective initials.'
Sec. 40. Line 2, expunge 'inspector,' insert 'supervisor.'
Line 9, expunge 'inspector,' substitute 'officer.'
Line 18, expunge 'or other.'
At the end of the section, add, 'And provided also, That if it shall appear from the verdict of the jury, that any such prejudice or waste was sustained by the negligence of the officer, he shall be responsible therefor to the United States.'
Sec. 41. Line 1, expunge 'inspector,' substitute 'supervisor.'
Sec. 43. Line 1, expunge 'inspector,' substitute 'supervisors.'
Sec. 44. Line 4, after the word 'and,' insert 'unless brought in a court of the United States.'
Line 4, expunge the word 'proper.'
Sec. 45. Line 1, expunge the word 'all.'
Line 5, after the word 'incurred,' insert 'at any time within one year after the last day of June next.'
Line 6, expunge 'manner,' insert 'way.'
Line 10, after the word 'thereof,' expunge to the end of the section, and substitute 'and shall cause the facts which shall appear upon such inquiry to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury of the United States, Who shall thereupon have power to mitigate or remit such penalty or forfeiture, if it shall appear to him that such penalty or forfeiture was incurred without wilful negligence, or any design or intention of fraud, and to cause any spirits Which may have been seized, to be restored to the proprietor or proprietors, upon such terms and conditions as shall appear to him reasonable.'
Sec. 46, Line 11, expunge ' district,' substitute 'survey.'
Sec 49. Line 2, expunge 'inspector or,' substitute 'supervisor or other.'
Sec. 50. Line 1, expunge 'inspector or,' substitute 'supervisor or other.'
Line 5, the same amendment
Sec. 51, Line 1, expunge 'such inspector or,' substitute 'supervisor or other.'
Line 8, expunge 'inspector,' substitute ' supervisor or other.'
See. 52. Expunge the whole section.
Sec. 55. Line 6, after 'casks,' insert 'vessels.'
Line 11, the same.
Line 15, the same.
Line 17, after 'cask,' insert 'vessel.'
Sec. 56. Line 7, after 'paid,' insert 'or secured to be paid.'
Lines 14, 15, expunge 'according to the late treaty of peace with Great Britain.'
Sec. 58 Line 16, from the word 'inspection,' expunge the remainder of the section.
Sec. 61. Lines 3, 4, expunge, 'any justice of the peace, or court of any state of competent jurisdiction or;' substitute the word 'the.' Expunge the proviso.
Sec.--. After section 61, insert 'And be it further enacted, That it shall and may be lawful for the President, from time to time, to make such allowances to the said supervisors. inspectors, and to the deputies and officers by them to be appointed and employed, for their respective services in the execution of this act, to be paid out of the product of the said duties, as he shall deem reasonable and proper: Provided always, that the aggregate amount of the allowance to all the said supervisors, inspectors, deputies. and other officers, shall not exceed five per cent. of the said product computed throughout the United States; and such allowances shall continue to be paid until altered by law.'
Sec. 62. Line 4, after 'districts,' insert 'and surveys.'
Sec. 63. Line 3, expunge 'they are,' substitute 'is.'
Line 16, after the first word, 'of,' expunge to the word 'and,' in the 19th line, and substitute, 'towards such purposes for which appropriations shall be made during the present sessions.' Expunge the proviso, and add it to sixty-fifth section.
Sec. 64. Line 2, expunge, 'each', insert this and every succeeding,'
Line 7, expunge 'to,' insert 'for.'
The sections to be numbered to correspond with the amendments.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
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A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An let for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers" And he withdrew.
The bill was read the first time, as follows:
An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers.
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That there shall be raised an additional regiment
3 of infantry, which, exclusive of the commissioned officers, shall consist of
4 nine hundred and twelve non-commissioned officers, privates, and musicians.
1 Sec. 2. And be it further enacted, That the said regiment shall be organized
2 in the same manner as the regiment of infantry described in the act, entitled "An
3 act for regulating the military establishment of the United States."
1 Sec. 3. And be it further enacted, That the troops aforesaid by this act to be
2 raised. including the officers, shall receive the same pay and allowances, be subject
3 to the same rules and regulations, and be engaged upon the same conditions
4 in all respects, excepting the bounty hereinafter mentioned, as are stipulated far
5 the troops of the United States in the before mentioned act.
1 Sec. 4. And be it further enacted, That all non-commissioned officers, private.
2 and musicians, who have enlisted or shall enlist upon the terms prescribed in the
3 aforesaid act, shall be entitled to receive six dollars as a bounty.
1 Sec. 5. And be it further enacted, That, for defraying the expense of the
2 aforesaid additional troops by this act to be raised, for the term of one year, there
3 be appropriated a sum not exceeding one hundred and twenty thousand two hundred
4 and seventy-six dollars and twenty cents, to be paid out of the moneys which,
5 prior to the first day of January next, shall arise from the duties imposed by the
6 act passed during the present session of Congress, entitled "An act repealing, after
7 the last day of June next, the duties heretofore laid upon distilled spirits imported
8 from abroad, and laying others in their stead; and also upon spirits distilled
9 within the United States, and for appropriating the same."
1 Sec. 6. And be it further enacted, That, in case the President of the United
2 States should deem the employment era major general, brigadier general, a quartermaster,
3 and chaplain, or either of them, essential to the public interest, that
4 he be, and he hereby is, empowered, by and with the advice and consent of the
5 Senate, to a appoint the same accordingly. And a major general so appointed may
6 chuse his aid-de-camp, and a brigadier general his brigade major, from the captains
7 or subalterns of the line.
1 Sec. 7. And be it further enacted, That, in case a major general, brigadier general,
2 quartermaster, aid-de-camp, brigade major, and chaplain, should be up.
3 pointed, their pay and allowances shall be, respectively, as herein mentioned. The
4 major general shall be entitled to one hundred and twenty-five dollars monthly
5 pay,twenty dollars allowance for forage, monthly, and for daily subsistence fifteen
6 rations, or money in lieu thereof; at the contract price. The brigadier general
7 shall be entitled to ninety-four dollars, monthly pay, with sixteen dollars allowance
8 forforage, monthly, and for daily subsistence twelve rations, or money in lieu
9 thereof, at the contract price. That the quartermaster shall be entitled to the
10 same pay, rations, and forage, as the lieutenant colonel commandant of a regiment,
11 That the aid-de-camp be entitled, including all allowances, to the same pay, rations,
12 and forage, as a major of a regiment. That the brigade major be entitled,
13 including all allowances, to the same pay, rations, and forage, as a major of a regiment.
14 That the chaplain be entitled to fifty dollars per month.
1 Sec. 8. And be it further enacted, That if, in the opinion of the President, it
2 will be conducive to the good of the service to engage a body of militia, to serve
3 as cavalry, they furnishing their own horses, arms, and provisions, it shall be lawful
4 for him to offer such allowances to encourage their engaging in the service,
5 for such time, and on such terms, as he shall deem it expedient to prescribe:
6 Provided, That such allowances shall not exceed the sam hereinafter
7 appropriated.
1 Sec. 9. And he it further enacted, That, to enable the President, in virtue of
2 the powers vested in him by law, to call into the service of the United States such
3 number of the militia as he shall deem necessary for the public service, there be
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4 appropriated a sum not exceeding one hundred and ninety-two thousand four
5 hundred and ten dollars, as well to defray the expense of such militia, whether
6 cavalry or infantry; or of such military operations as he may direct, and also of
7 such posts as he may think it expedient to establish, to be paid out of the moneys
8 which, prior to the first day of January next, shall arise from the duties imposed
9 by the aforesaid act of the present session of Congress.
1 Sec. 10. Provided, nevertheless, and be it further enacted, That, if the President
2 should be of opinion that it would be more conducive to the public service to
3 employ troops enlisted under the denomination of levies than militia, it shall be
4 lawful for him to raise, for a term not exceeding four months, a corps of two
5 thousand non-commissioned officers, privates, and musicians, with a suitable number
6 of commissioned officers: Provided, That the expenses thereof shall not exceed
7 the sum heretofore appropriated in the ninth section of this act.
1 Sec. 11. And be it further enacted, That the President be, and he hereby is
2 empowered to organize the said levies, and alone to appoint the commissioned
3 officers thereof, in the manner he bay judge proper.
1 Sec. 12. And be it further enacted, That the commissioned and non-commissioned
2 officers, privates, and musicians of the militia, or said corps of levies, shall,
3 during the time of their service, be subject to the rules and, articles of war; and
4 they shall be entitled to the same pay, rations, and forage, and in cases of wounds
5 and disability in the line of their duty, to the same compensation as the troops of
6 the United States.
1 Sec. 13. And be it further enacted, That the non-commissioned officers, privates,
2 and musicians, of the said corps of levies, shall be entitled to receive such
3 proportional quantity of clothing, as their time of service shall bear to the annual
4 allowance of clothing to the troops of the United States, subject, however, to a
5 proportional deduction from their pay.
1 Sec. 14. And be it further enacted, That the non-commissioned officers, privates,
2 and musicians, of the said levies, shall be entitled to receive three dollars
3 as a bounty.
1791, February the 12th. Passed the House of Representatives.
Ordered, That this bill pass to the second reading, and that it be printed for the use of the Senate.
The Senate adjourned to Monday next, 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, FEBRUARY 14, 1791.
The Senate assembled: present as on the 12th instant.
A message from the House of Representatives, by Mr. Beckley, their Clerk;
Mr. President: The House of Representatives have passed the bill sent from the Senate, entitled "An act for the admission of the state of Vermont into this Union"
I am directed to bring to the Senate, the resolution of the House of Representatives on the petition of Andrew Brown, with the report of the Secretary of State thereon." And he withdrew.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had this day laid before the President of the United States, for his approbation, the bill, entitled "An act to incorporate the subscribers to the bank of the United States."
On motion,
Ordered, That the resolutions of the assembly of Virginia, upon the claims of sundry individuals, with the papers accompanying them, be referred to the committee appointed the thirty-first of January, to take into consideration the extract of a letter from governor Randolph, relative to the bounty lands to the officers and soldiers of the Virginia line, on continental establishment.
The Senate proceeded to the third reading of the bill sent from the House of Representatives for concurrence, entitled. "An act to continue in force for a limited time an act passed at the first session of Congress, entitled 'An act to regulate processes in the courts of the United States."
Resolved, That this bill pass.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
The Senate proceeded to the second reading of the bill sent from the House of Representatives, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers,"
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Ordered, That this bill be committed to Messrs. Gunn, Schuyler, Dickinson, Hawkins, and Strong.
The resolution of the House of Representatives, of the 12th instant, upon the petition of Andrew Brown, printer, was read, as follows:
The House proceeded to consider the report of the Secretary of State, on the petition of Andrew Brown; whereupon,
1Resolved, That Andrew Brown, or any other printer, be permitted, under the
2 direction of the Secretary of State, to collate with and correct by the original
3 rolls, the laws, resolutions, and treaties, of the United States, to be by him printed;
4 and that a certificate of their having been so collated and corrected be annexed
5 to the said edition: Provided, that such collation and correction be at the expense
6 of the said Andrew Brown, or such other printer, and that the person or
7 persons to be by him or them employed in that service, be approved by the Secretary
8 of State.
Ordered, That the consideration of this resolution be deferred until to-morrow.
A written message from the President of the United States was communicated by Mr. Lear, his Secretary. And he withdrew.
Gentlemen of the Senate,
and House of Representatives:
Soon after I was called to the administration of the government, I found it important to come to an understanding with the court of London, on several points interesting to the United States, and particularly to know whether they were disposed to enter into arrangements, by mutual consent, which might fix the commerce between the two nations on principles of reciprocal advantage: for this purpose, I authorized informal conferences with their Ministers, and from these I do not infer any disposition, on their part, to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might, at some time, have influence on matters under your consideration.
GEO. WASHINGTON.
United States, February 14, 1791.
Ordered, That the message from the President of the United States lie for consideration.
The Senate adjourned to 11 o'clock to-tomorrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, FEBRUARY 15, 1791.
The Senate assembled: present as yesterday; and the honorable Richard Henry Lee, from the state of Virginia, attended.
The petition of Donald Campbell, praying compensation for services during the late war, was read.
Ordered, That it be committed to Messrs. Langdon, King, and Dickinson, to consider and report thereon.
The Senate proceeded to the consideration of the resolution of the House of Representatives, of the 12th instant, on the petition of Andrew Brown, printer; and,
Resolved, That they concur in the said resolution.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this resolution.
Mr. Foster, From the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act for the admission of the state of Vermont into this Union," and had found it correct.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --WEDNESDAY, FEBRUARY 16, 1791,
The Senate assembled: present as yesterday.
Mr. Carroll gave notice, that to-morrow he intended to move for leave to bring in a bill to amend the act, entitled "An act for establishing the temporary and permanent seat of the government of the United States," pursuant to the plan suggested in the President's message of the 24th of January last.
On motion,
Ordered, That the Secretary of the Treasury cause a statement of the exports of the United States, for one year, to be laid before the Senate; enumerating, therein, the articles of export, the value thereof, and the countries to which the same shall have been exported.
The petition of the masters of American vessels, in the port of Charleston, South
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Carolina, praying some further regulations for the encouragement of the carrying trade to Europe, was read.
Ordered, That this petition lie on the table.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled bill, entitled "An act to continue in force, for a limited time, an act, passed at the first session of Congress, entitled An act to regulate processes in the courts of the United States," and the enrolled "Resolution authorizing Andrew Brown, printer, to publish the laws of the United States;" and that they were duly enrolled.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to establish offices for the purpose of granting lands within time territories of the United States;" in which they desire the concurrence of the Senate.
The Speaker of the House of Representatives having signed two enrolled bills, and an enrolled resolution, I am directed to bring them to the Senate for the signature of the Vice President, And he withdrew.
The Vice President signed the enrolled bill, entitled "An act to continue in force, for a limited time, an act passed at the first session of Congress, entitled "An act to regulate processes in the courts of the United States;" the enrolled bill, entitled "An act for the admission of the state of Vermont into this Union;" and the enrolled "Resolution authorizing Andrew Brown, printer, to publish the laws of the United States;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The bill sent from the House of Representatives for concurrence, entitled, "An act to establish offices for the purpose of granting lands within the territories of the United States," was read the first time, as follows:
An act, to establish offices for the purposes of granting lands within the territories of the United States.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That an office shall be established
3 at the seat of the government of the United States, for the purpose of granting
4 lands within the territories of the United States: and that two subordinate offices
5 shall be established for the same purpose--on, in the territory northwest of the
6 Ohio, and the other in the territory south of the Ohio. That no lands shall be
7 sold or granted, except those to which the titles of the Indian tribes shall have
8 been previously extinguished. That the seven ranges of townships already surveyed,
9 shall be sold in lots as they are laid out. That any quantities of other land
10 may be sold by special contract. That convenient tracts from time to time be
11 set apart for the purpose of locations by actual settlers, That the superintendents
12 of each subordinate office shall have the management of all sales, and the
13 issuing of warrants for all locations, in the tracts to he set apart for the accommodation
14 of individual settlers, subject to the direction of the superintendent of the
15 general land office, who may also commit to them the management of any other
16 sales or locations, which it may be Found expedient to place under their direction.
17
1Sec. 2. And be it further enacted, That the price of all land sold or granted
2 by the United States, shall be twenty-five routs per acre, except such as may be
3 sold by special contract, and such as may be granted as bounties for military services;
4 the warrants for which last mentioned lands shall be located, surveyed, and
5 patented, in the same manner as warrants issuing from the land-office, in consideration
6 of the payment of money, and the exclusive right of locating such warrants
7 in districts set apart for the army, shall cease from anal after the first day
8 of May, one thousand seven hundred and ninety-four: Provided, always, That any
9 purchaser of lands, when the payment thereof shall be due, may proffer in payment
10 any of the certificates of the funded debt of the United States, at the same
11 rates as the treasurer shall have allowed for such certificates, respectively, in the
12 last. purchase which he shall have made thereof prior to such payment.
1Sec. 3. And be it further enacted, That no credit given for any quantity of
2 land less than twenty-three thousand acres; and no credit shall be given for any
3 quantity, unless one quarter part of the price shall be paid down, and sufficient
4 security (other than the land sold) given for the payment of the residue within
5 two years. And that no patent shall issue, or title be made for any part of a tract
6 of, land purchased, beyond the proportion for winch the money shall be actually
7 paid.
1Sec. 4. And he it further enacted, That all persons who have really and
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2 bona fide settled on unappropriated land, in either of the said territories, and have
3 made improvements thereon; the titles to which lands are not, or might not have
4 been secured by the governments of those territories, or by the acts or ordinaces
5 of Congress, shall be entitled to six hundred and forty acres each, including
6 their respective improvements: Provided, that such settlers shall, within twelve
7 months after the passing of this act, pay to the Secretary of the territory, in which
8 the settlement hath been made, the stated price for the land to which such settler
9 is entitled by virtue of his improvement, or for so much thereof as he shall incline
10 to take, and prove by the oath or affirmation of two or more credible
11 persons, their residence and improvements; a certified copy of which: oath or
12 affirmation shall be produced, to the said secretary, to be by him filed in his
13 office.
1Sec. 5. And be it further enacted, That a surveyor of lands shall be appointed
2 in each of the said territories, who may appoint as many deputy surveyors as may
3 be necessary to assist them in executing all warrants to them respectively directed,
4 which warrants shall be signed by the superintendent of the respective offices,
5 and directed to the surveyor of the territory in which the land to be located lies.
6 The priority of location of warrants shall be determined by the time of application
7 to the surveyor, and in case of two applications at the same time for the
8 same land, the priority shall be determined by lot.
1Sec. 6. And be it further enacted, That the Treasurer of the United States
2 shall be the receiver of all moneys to be paid for lands granted at the general land
3 office; and. that the Secretaries of the government established in the said territories
4 shall he the receivers of all moneys arising from the sales of grants of
5 land at the offices of their respective territories. And that any person paying into
6 his or their hands a sum of money for the purchase of land, shall be entitled to a
7 receipt, expressing the sum paid, and the quantity of land to be granted m consideration
8 thereof; on producing of which receipt to the superintendent of the
9 proper office, and lodging the same with him to be recorded, the superintendent
10 shall issue a warrant, directed to the surveyor of the territory, specifying the
11 quantity of land purchased, and authorizing him to cause the same to be survey.
12 ed agreeably to the established rules of the land office. And where the money
13 shall be paid for a settlement-right, the receipt shall so express; on producing
14 which receipt to the superintendent of the land office of the territory in which
15 the land may be, a warrant shall issue, and the same proceedings be had there.
16 on as in cases of money paid to the Treasurer of the United States for the like
17 quantity.
1Sec. 7. And be it further enacted. That the superintendent of the general land
2 office, the surveyor, and the superintendents of the land-offices in each of the said
3 territories, shall not purchase any public lands; and shall be incapable of holding
4 any such lauds as may be purchased by them, or by any person for their use,
5 during their continuance in office.
1Sec. 8. And be it further enacted, That all patents shall be signed by the President
2 of the United States. and shall be recorded in the office of the Secretary of
3 State.
1Sec. 9 And be it further enacted, That all officers to be appointed by virtue
2 of this act shall take an oath or affirmation, before some judge or magistrate of
3 the United States, that they will faithfully discharge the duties of their respective
4 offices; a certificate of which oath or affirmation shall be returned to the general
5 land-office, or to the land-office of the territory in which the duties are tube performed,
6 previous to their entering upon the execution of their offices.
1Sec. 10. And be it further enacted, That the secretaries of the said governments
2 shall give bond, with sufficient sureties, in the sum of ten thousand dollars
3 each, for the faithful discharge of their duty, as receivers of the money arising
4 from the sale of land at their respective offices.
1Sec. 11. And be it further enacted, That the superintendent of the general
2 land-office may agree with any person or persons for the sale of any quantity of
3 land, not less than twenty-three thousand acres, to be located in one body, and
4 particularly described by natural boundaries, or by lines to be run and plainly
5 marked by the surveyor of the district or territory in which the land may lie, at
6 the expense of the purchaser or purchasers, provided the price be not less than
7 twenty cents per acre.
1Sec. 12. And be it further enacted, That the superintendent of the general land
2 office shall have power to establish all such rules and regulations as he shall judge
3 necessary, respecting the form, time, and manner, of locating warrants for lands,
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4 of making and returning surveys, issuing patents thereupon, entering caveats and
5 proceedings preparatory to the trial thereof, and all such other rules and regulations
6 as shall be necessary to carry this act into effect, according to the true
7 intent and meaning thereof; which rules he shall cause to be published, in one
8 gazette at least, in each of the United States, and in each of the said territories in
9 which there may be a gazette.
1Sec. 13. And be it further enacted, That controversies concerning rights to
2 patents, or grants, shall he determined by the superintendent of that office, under
3 whose immediate direction or jurisdiction the locations in respect to which they
4 may arise shall have been made: Provided, That no determination of such superintendents
5 shall be construed to prevent either of the parties from bringing
6 their action or actions, suit or suits, in law or equity, for the final decision of
7 their rights to the lands in dispute, or for recovering damages for waste or trespass
8 committed thereon.
1Sec. 14. And be it further enacted, That the attorney general of the United
2 States shall, by virtue of his office, be superintendent of the general land-office;
3 and that the governors of the said territories shall, by virtue of their offices, be
4 superintendents of the subordinate land-offices within their respective
5 governments.
1Sec. 15. And be it further enacted, That a separate account shall be kept at the
2 Treasury of the moneys arising from the sale of the aforesaid lands; and the said
3 moneys shall be, and they are hereby, appropriated to the purchase of the debt
4 of the United States, according to the terms of the "act making provision for
5 the reduction of the public debt."
1791, February the 16th--Passed the House of Representatives, and sent to the Senate for concurrence.
Ordered, That this bill pass to the second reading, and that in the mean time it be printed for the use of Senate.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --THURSDAY, FEBRUARY 17, 1791.
The Senate assembled: present as yesterday;
And proceeded in the second reading of the bill, entitled "An act to establish offices for the purpose of granting lands within the territories of the United States."
Ordered, That the further consideration hereof be postponed.
Agreeably to notice given yesterday, leave was requested to bring in a bill to amend an act, entitled "An act for establishing the temporary and permanent seat of the government of the United States."
And, on the question, Shall leave be given to bring in the bill moved for? The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dickinson, Elmer, Few, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, Stanton, and Strong.--17.
Nays.--Messrs. Dalton, Ellsworth, Foster, Johnson, King, Maclay, and Wingate.--7.
So it passed in the affirmative.
And the bill was accordingly brought in and read the first time, as follows:
An act to amend "An act for establishing the temporary and permanent seat of the government of the United States."
1 Be it enacted by the Senate and House of Representatives of the United states
2 of America in Congress assembled, That so much of the act, entitled "An act for
3 establishing the temporary and permanent seat of the government of the United
4 States," as requires that the whole of the district of territory, not exceeding ten
5 miles square, to be located on the river Potomac, for the permanent seat of the
6 government of the United States, shall be located above the month of the Eastern
7 Branch, be and is hereby repealed; and that it shall be lawful for the President
8 of the United States to make any part of the territory below the said limit and
9 above the mouth of the Hunting Creek a part of the sad district, so as to include
10 a convenient part of the Eastern Branch and of the lands lying on the lower side
11 thereof; and, also, the town of Alexandria; and the territory so to be included
12 shall form a part of the district not exceeding ten miles square, for the permanent
13 seat of the government of the United States, in like manner and to all intents and
14 purposes as if the same had been within the purview of the above recited act;
15 Provided, That nothing herein contained shall authorize the erection of the public
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16 buildings otherwise than on the Maryland side of the river Potomac, as required
17 by the aforesaid act.
Ordered, That this bill pass to the second reading.
Mr. Schuyler, from the committee appointed to take into consideration the bill sent from the House of Representatives for concurrence, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers," reported the bill amended.
Ordered, That the amendments be printed for the consideration of the Senate.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had this day laid before the President of the United States the bill, entitled "An act for the admission of the state of Vermont into this Union." The bill, entitled "An act to continue in force, for a limited time, an act passed at the first session of Congress, entitled 'An act to regulate processes m the courts of the United States." And the resolution authorizing Andrew Brown to print the laws of the United States.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, FEBRUARY, 18, 1791.
The Senate assembled: present as yesterday.
A message from the President of the United States, by Mr, Lear, his Secretary.
Mr. President: The President of the United States has this day approved and signed "The act for the admission of the state of Vermont into this Union?"
He also delivered the following Written message from the President of the United States. And he withdrew.
Gentlemen of the Senate,
and House of Representatives:
I have received from the Secretary of State a report on the proceedings of the Governor of the Northwestern territory, at Kaskaskia, Kahokia, and Prairie, under the resolution of Congress of August 29, 1788, which, containing matter proper for your consideration, I lay the same before you.
G. WASHINGTON.
United States, February, 18, 1791.
Ordered, That the message, and papers therein referred to, lie for consideration.
Ordered, That the Secretary acquaint the House of Representatives that the President of the United States has this day approved and signed the "Act for the admission of the state of Vermont into this Union."
Mr. Langdon, from the committee appointed to take into consideration the petition of Donald Campbell, reported, "That he be allowed six hundred and ninety-five dollars and twenty-three ninetieths; that sum being the difference between two and a half per cent. heretofore allowed, and five per cent. on the transactions of his department, to which he is entitled by the resolutions of Congress, together with interest thereon from the time of performing the said service; the foregoing allowance to bein full of all claims and demands of the said Donald Campbell against the United States."
To which report the Senate did not agree; and,
On motion,
Ordered, That the memorial of Donald Campbell be dismissed, his claims having been fully and repeatedly stated and decided on.
Agreeably to the order of the day, the Senate proceeded m the second reading of the bill, entitled An act to establish offices for the purpose of granting lands within the territories of the United States."
Ordered, That the consideration thereof be postponed.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The President of the United States has notified the House of Representatives that he has this day approved and signed the "Act to continue in force for a limited time an act passed at the first session of Congress, entitled. An act to regulate processes in the courts of the United States;" also, the resolution of Congress granting permission to Andrew Brown, or any other printer, to print the laws of the United States, under certain regulations therein contained. And he withdrew.
The Senate proceeded to the second reading of the "bill to amend an act, entitled 'An act for establishing the temporary and permanent seat of the government of the United States:" and,
On motion to postpone the consideration thereof to this day se'nnight, the yeas and nays were required by one-fifth of the Senators present:
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Yeas.--Messrs. Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, Wingate.--15.
Nays.--Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Izard, Lee, Monroe.--10.
So it passed in the affirmative.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --SATURDAY, FEBRUARY 19, 1791.
The Senate assembled: present as yesterday.
And resumed the consideration of the bin entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers" reported by the committee, with amendments; and,
On motion to adopt the first section of the bill, as sent from the House of Representatives, and reported by the committee of the Senate, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Carroll; Dalton, Dickinson, Ellsworth, Elmer, Foster, Henry, Johnson, Johnston, Izard, King, Langdon, Schuyler, Stanton, and Strong.--15.
Nays.--Messrs. Butler, Few, Gunn, Lee, Maclay, Monroe, and Wingate.--7.
So it passed in the affirmative.
On motion to add, after the tenth section agreed to, with an amendment reported by the committee,
And be it further enacted, That, if the President of the United States should be of opinion that the service for which the aforesaid regiment is intended, can be performed by the militia, or troops under the denomination of levies, he is fully authorized, any thing heretofore to the contrary notwithstanding, to substitute levies or militia accordingly, to continue in pay during such term only as the President of the United States, in his discretion, shall deem it requisite for the public service, or until the next session of Congress:
It passed in the negative.
Other amendments were reported by the committee, and adopted, and it was agreed to amend. the bill accordingly.
Ordered, That this bill pass to the third reading.
The second reading of the bill, entitled "An act to alter the time of the next meeting of Congress," was postponed until Tuesday next.
It was agreed further to postpone the report of the committee appointed to consider and report what time will be proper for the commencement of the next Congress, together with the resolution of the House of Representatives thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill sent from the Senate, entitled 'An act regulating the number of Representatives to be chosen by the states of Kentucky and Vermont." And he withdrew.
The Senate adjourned to Monday next, at 11 o'clock.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --MONDAY, FEBRUARY 21, 1791.
The Senate assembled: present as on the 19th instant.
The petition of Joseph Tatlow, for compensation for a vessel said to be lost in the service of the United States, was read.
Ordered, That this petition lie on the table.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to the amendments of the Senate to the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same, with amendments; in which amendments tire House of Representatives esire the concurrence of the Senate;
I am directed to inform the Senate that, in the 10th, 11th, 40th and 43d sections of the bill, there appear to be sundry omissions of corresponding amendments, which are rendered necessary in consequence of other amendments to the same section. And he withdrew.
The Senate proceeded to consider the resolutions of the House of Representatives of the 17th February, on the amendments of the Senate to the bill last mentioned. Which amendments are as follow:
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Resolved, That this House doth disagree to the amendment to the 34th section, and doth agree to the amendments to all the other sections, as far as the 58th section inclusive, with amendments to several of the said amendments, as follow:
Sec. 3 First amendment, transpose it so as to come in after the word 'fifty,' in the third line of the section
Sec. 4. In the first of the three sections proposed by the Senate to be inserted in lieu of the fourth section, and in the second line, strike out 'thirteen' and insert 'fourteen.'
Sec. 27. First amendment--in the words proposed by the Senate to be substituted in lieu of the words stricken out, strike out 'at the port where;' insert 'within whose survey.'
Resolved, That this House doth agree to the amendment to the 61st section, with an amendment, by striking out, in addition to the words proposed to be stricken out by the Senate, the whole of the said section, without any substitute.
Resolved, That this House doth agree to all the other amendments proposed by the Senate to the before mentioned bill, with an amendment to the section which is proposed to follow the 61st section, as followeth: strike out from the word 'exceed,' in seventh line, and insert 'seven per cent. of the whole product of the duties arising from the spirits distilled within the United States; and such allowances shall continue to be paid for the space of two years, unless sooner altered by law.'
Whereupon,
Resolved, That the Senate do recede from their amendments disagreed to by the House of Representatives, and agree to those of that House, except to the amendment proposed to follow the 61st section, to which the Senate agree, amended as follows: 'Seven per cent of the whole product of the duties arising from spirits distilled with in the United States; and such allowances shall continue to he paid until altered by law.'
Resolved, That the Senate do agree to the corresponding amendments suggested by the House of Representatives, as necessary in the 10th, 11th, 40th, and 43d sections Of the bill, to wit:
Sec. 10. Line 8, expunge 'inspectors,' substitute 'supervisors'.
In the fourth amendment of the Senate, to section 10th, line 4th, after 'chief' expunge 'inspector.' and substitute 'officer.'
Sec. 11. Lines 8, 10, and 18, after 'cask,' insert ' vessel.'
Sec. 40. Line 3, expunge 'inspector,' substitute 'supervisor.'
Line 7, insert before 'officer,' 'supervisor or other.'
Sec. 43. Lines 6, 7, expunge 'inspector,' substitute 'supervisors.'
And the Senate agree to such other amendments of a similar nature as may occur.
Ordered, That the Secretary acquaint the House of Representatives with the proceedings of the Senate on their amendments to the amendment of the Senate, on the above mentioned bill.
The bill sent from the House of Representatives for concurrence, entitled "An act for raising and adding another regiment to the military establishment of the United states, and for making further provision for the protection of the frontiers," was read the third time.
On motion to amend the first section of the bill, so as to limit the number of the regiment to six hundred and eight, instead of nine hundred and twelve non-commissioned officers, privates, and musicians: the yeas and nays were required by one-fifth of the Senators present.
Yeas.--Messrs. Butler, Few, Gunn, Lee, Maclay, Monroe, Stanton, and Wingate--8
Nays.--Messrs. Basset, Carroll, Dalton, Dickinson, Ellsworth, Elmer, Foster, Hawkins, Henry, Johnson, Johnston, Izard, King, Langdon, Morris, Read, Schuyler, and Strong.--8.
So it passed in the negative.
Resolved, That this bill pass with the following amendments:
Sec. 3. Line 3, after ' engaged,' insert ' for the like' term and.'
Sec. 4. Line 1, expunge from the word 'that' to the word 'shall,' in the third line, and insert, each non-commissioned officer, private, and musician, who has enlisted, or shall enlist, pursuant to the set aforesaid, or who shall enlist pursuant to this act.'
Sec. 5. Expunge the whole section
Sec. 6. At the end add, 'Provided always, that the major-general and brigadier-general so to be appointed, shall respectively continue in pay during such term only as life President of the United States, in his discretion, shall deem it requisite for the public service.'
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Sec. 7. Line 19, at the end, add 'including pay, rations, and forage.'
Sec. 8. Line 6, strike out the proviso.
Sec. 9. Expunge the whole section.
1 Sec. 10. Line 1, expunge 'provided nevertheless.'
2 Line 3, expunge from 'militia,' to the end of the section, and insert 'which, in
3 virtue of the powers vested in him by law, he is authorized to call into the service
4 of the United States, it shall be lawful for him to raise, for a term not exceeding
5 six months, (to be discharged sooner if the public service will permit) a corps of
6 two thousand non-commissioned officers, privates, and musicians. with a suitable
7 number of commissioned officers. And in case it shall appear probable to the
8 President that the regiment directed to be raised by the aforesaid act, and by this
9 act, will not be completed ill time to prosecute such military operations as exigencies
10 may require, it shall be lawful for the President to make a substitute for
11 the deficiency, by raising such further number of levies, or by calling into the
12 service of the United States such a body of militia as shall be equal thereto.'
1 Sec. 14. Line 1, after 'that' insert 'each of.'
1 Sec.--And be it further enacted, That in case the nature of the service upon
2 which the troops of the United States may be employed should require a
3 greater number of surgeons' mates than are provided for in the before mentioned
4 act, the President of the United States may engage, from time to time, such additional
5 number of surgeons' mates as he shall judge necessary.'
1 Sec.--And be it further enacted, That the commissioned officers who shall
2 be employed to recruit men for the said regiments shall be entitled to receive
3 for every recruit, who shall be duly enlisted and mustered, the sum of two dollars.
1 Sec.--And be it further enacted, That, for defraying the expense of one
2 year of the additional regiment to be raised by virtue of this act: for defraying
3 the expense for a like term, of the officers mentioned in the sixth section of this
4 act: for defraying the expense of the said militia horse, militia foot, and levies,
5 which may be called into or engaged for the service of the United States, pursuant
6 to this act: for defraying the expense of such surgeons' mates as may be appointed
7 pursuant to the thirteenth section of this act: far defraying the expense
8 of recruiting the said two regiments: and for defraying the expense of any military
9 posts which the President shall judge expedient and proper to establish, there
10 be, and hereby is, appropriated a sum not exceeding three hundred and twelve
11 thousand six hundred and eighty six dollars and twenty cents, to be paid out of
12 the moneys which, prior to the first day of January next, shall arise from the duties
13 imposed upon spirits distilled within the United States, and from stills, by the
14 act, entitled "An act repealing, after the last day of June next, the duties heretofore
15 laid upon distilled spirits imported from abroad, and laying others in their
16 stead; and, also upon spirits distilled within the United States, and for appropriating
17 the same;" together with the excess of duties which may arise from the duties
18 imposed by the said act, on imported spirits, beyond those which would have
19 arisen by the act, entitled "An act making further provision for the payment of
20 the debts of the United States."
1 Sec.--And to the end that the public service may not be impeded for want
2 of necessary means,
3 Be it further enacted, That it shall be lawful for the President to take on loan
4 the whole sum by this act appropriated, or so much thereof as he may judge requisite,
5 at an interest not exceeding six per centum per annum; and the fund established
6 for the above mentioned appropriation is hereby pledged for the repayment
7 of the principal and interest of any loan to be obtained in manner aforesaid;
8 and in case of any deficiency in the said fund, the faith of the United States is
9 hereby also pledged to make good such deficiency.
And that the sections be numbered conformably to the amendments.
Ordered, That the Secretary carry this bill to the House of Representatives, and desire their concurrence in the amendments.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for giving effect to the laws of the United States within the state of Vermont," in which they desire the concurrence of the Senate. And he withdrew.
The bill was read the first time, as follows:
An act giving effect to the laws of the United States, within the state of Vermont.
1 Sec. 1. Be it enacted by the Senate and House of Representatives of the. United
2 States of America in Congress assembled, That, from and after the third day of
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3 March next, all the laws of the United States which are not locally inapplicable,
4 ought to have, and shall have, the same force and effect within the state of Vermont,
5 as elsewhere within the United States.
1 Sec. 2. And to the end that the act, entitled "An act to establish the judicial
2 courts of the United States," may be duly administered within the said state of
3 Vermont,
4 Be it further enacted, That the said state shall be one district, to be denominated
5 Vermont district; and there shall he a district court therein, to consist of one
6 judge, who shall reside within the said district, and be called a district 6 judge, and,
7 shall hold annually four sessions; the first to commence on the first Monday in May
8 next, and the three other sessions progressively on the like Monday of every third
9 calendar month afterwards The said district court shall be held alternately at
10 the towns of Rutland and Windsor, begining at the first.
1Sec. 3. And be it further enacted, That the said district shall be, and the same
2 hereby is, annexed to the eastern circuit; and there shall be held, annually,
3 in the said district, one circuit court: the first session shall commence on the
4 seventeenth day of June next, and the subsequent sessions on the like day of June
5 afterwards, except when any of the said days shall happen on a Sunday, and then
6 the session shall commence on the day following; and the said sessions, of the
7 said circuit court, shall be held at the town of Bennington.
1Sec. 4. And be it further enacted, That there shall be allowed, to the judge of
2 the said district court, the yearly compensation of eight hundred dollars, to commence
3 from the time of his appointment, and to be paid quarter yearly at the
4 Treasury of the United States.
1Sec. 5. And be it further enacted, That all the regulations, provisions, directions,
2 authorities, penalties, and other matters whatsoever (except as herein afterwards
3 is expressly provided) contained and expressed in and by the act; entitled
4 "An act providing for the enumeration of the inhabitants of the United
5 States," shall have the same force and effect within the said state of Vermont, as
6 if the same were, in relation thereto, repeated and re-enacted in and by this present
7 act.
1Sec. 6. And be it further enacted, That the enumeration of the inhabitants of
2 the said state shall commence on the first Monday of April next, and shall close
3 within five calendar months thereafter.
1Sec. 7. And be it further enacted, That the marshal of the district of Vermont
2 shall receive, in full compensation for all the duties and services confided to, and
3 enjoined upon, him, in and by this act, in taking the enumeration aforesaid, two
4 hundred dollars.
1Sec. 8. And that the act, entitled "An act to provide moro effectually for the
2 collection of the duties imposed by law on goods, wares, and merchandise, imported
3 into the United States, and on the tonnage of ships and vessels" may be
4 carried into, effect in the said state of Vermont,
5 Be it further enacted, That, for the due collection of the said duties, there shall
6 be, in the said state of Vermont, one district; and a collector shall be appointed, to
7 reside at Allsburgh, on Lake Champlain, which shall be the only port of entry
8 or delivery within the said district, of any goods, wares, or merchandises not the
9 growth or manufacture of the United States.
1791, February the 21st. Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
The Senate resumed the second reading of the bill, entitled "An act to establish offices for the purpose of granting lands within the territories of the United States."
Ordered, That this bill be committed to Messrs. Strong, Ellsworth, Foster, King, and Monroe, to consider and report what is proper to be done thereon.
Mr. Schuyler gave notice that to-morrow he intended to move for leave to bring in "a bill to provide for the payment of balances due to the United States in certain cases."
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --TUESDAY, FEBRUARY 22, 1791,
The Senate assembled: present as yesterday;
And proceeded in the second reading of the bill, sent from the House of Representatives for concurrence, entitled "An act for giving effect to the laws of the United States within the state of Vermont;" and, having agreed to an amendment,
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Ordered, That this bill pass to the third reading.
The second reading of the bill, sent from the House of Representatives for concurrence, entitled "An act to alter the time for the next meeting of Congress," was resumed.
On motion to insert "the second Monday in September," in place of the "first Monday of November:"
It passed in the negative.
And, on the question, Shall this bill be read the third time.?
It passed in the negative.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States;" in which they desire the concurrence of the Senate. And he withdrew.
The bill was read the first time, as follows:
An act to explain and amend an act, entitled "An act making further provision for the payment of the debts of the United States.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That the duty of one cent per
3 pound, laid by "the act making further provision for the payment of the debts of
4 the United States," on bar and other lead, or in which lead is the chief article which shall be deemed and taken to extend to
5 all manufactures wholly of lead, or in which lead is the chief article, which shall
6 hereafter be brought into the United States from any foreign port or place.
1Sec. 2. And be it further enacted, That the duty of seven and a half per cent.
2 ad valorem, laid by the act aforesaid on chintzes and colored calicoes shall be
3 deemed and taken to extend to all printed, stained, and colored goods, or manufactures
4 of cotton or of linen, or of both, which hereafter shall be brought into
5 the United States from any foreign port or place.
1 Provided always, That nothing in this act shall in any wise affect the true construction
2 or meaning of the act aforesaid, in relation to any of the above described
3 articles brought into the United States before the passing of this act."
1791, February 22d. Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
Mr. Maclay reported from the committee appointed to consider the bill sent from the House of Representatives for concurrence, entitled "An act authorising the President of the United States to cause the debt due to foreign officers, to be paid and discharged."
Ordered, That the report lie for consideration.
On motion,
Resolved, By the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be requested to cause to be communicated to the National Assembly of France. the peculiar sensibility of Congress, to the tribute paid to the memory of Benjamin Franklin, by the enlightened and free Representatives of a great nation, in their decree of the eleventh day of June, one thousand seven hundred and ninety.
Ordered, That the Secretary carry this resolution to the House of Representatives, and desire their concurrence.
Mr. Foster, from the Committee on Enrolled Bills, reported, That they had examined the Enrolled Bill, entitled "An act regulating the number of representatives to be chosen by the states of Kentucky and Vermont," and that it was correct.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, FEBRUARY 23, 1791.
The Senate assembled: present as yesterday;
And proceeded to the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States."
O dered, That this bill pass to the third reading.
The bill sent from the House of Representatives for concurrence, entitled "An act forgiving effect to the laws. of the United States. within the state of Vermont," was read the third time.
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Resolved, That this bill pass, with the following amendment:
At the end of the bill add,
"Provided, nevertheless, That the exception contained in the sixty-ninth section of the act last above mentioned, relative to the district of Louisville, shall be, and is hereby extended to the said port of Allburgh."
Ordered, That the Secretary desire the concurrence of the House of Representatives in this amendment.
The Senate proceeded to the consideration of the report of the committee on the bill sent from the House of Representatives for concurrence, entitled "An act authorising rising the President of the United States, to cause the debt due to foreign officers to be paid and discharged."
Whereupon,
Resolved, That this bill do not pass to the third reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives insist on their amendment to the last clause of the section proposed by the Senate to follow section sixty-first, of the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same."
The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate, for the signature of the Vice President.
The House of Representatives have agreed to the resolution, requesting the President of the United States to cause a communication to be made to the National Assembly of France, respecting the late Benjamin Franklin.
They have passed a bill, entitled "An act supplementary to the act, entitled, An act to incorporate the subscriber to the bank of the United States," in which they desire the concurrence of the Senate. And he withdrew.
The Senate proceeded to consider the resolution of the House of Representatives, insisting on their amendment to the last clause of the section proposed by the Senate, to follow section sixty-first, of the bill, entitled "An act repealing, after the last tray of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same;" and,
On motion that the Senate insist on their amendment to the amendment of the House of Representatives to the said clause, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Basset, Butler, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, Izard, Morris, Read, Schuyler, Stanton, and Strong.--14.
Nays.--Messrs. Carroll, Few, Hawkins, Henry, Johnston, Lee, Maclay, Monroe, and Wingate.--9.
So it was
Resolved, That the Senate insist on their amendment to the amendment of the House of Representatives, in the clause of the section to follow section 61st of the bill last mentioned.
Resolved, That a conference be desired with such managers as the House of Representatives may appoint on their part, on the subject of disagreement, and that Messrs. Ellsworth, King, and Morris, be the managers at the conference proposed, on the part of the Senate.
Ordered, That the Secretary communicate this resolution to the House of Representatives, and desire the conference, and the appointment of managers on their part.
The bill sent from the House of Representatives for concurrence, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States," was read the first time, and is as follows:
An act supplementary to the act, entitled "An act to incorporate the subscribers to the Bank of the United States."
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That the subscriptions to the stock of the
3 Bank of the United States, as provided by the act, entitled "An act to incorporate
3 the subscribers to the Bank of the United States, shall not be opened until the
5 first Monday in July next.
1 Sec. 2. And be it further enacted, That so much of the first payment as by the
2 said act is directed to be in the six per cent. certificates of the United States,
3 may be deferred until the first Monday in January next.
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1 Sec. 3. And be it further enacted, That no person, corporation, or body politic,
2 except in behalf of the United States, shall, for the space of three months after
3 the said first Monday in July next, subscribe in any one day for more than thirty
4 shares.
1 Sec. 4. And be it further enacted, That every subscriber shall, at the time of
2 subscribing, pay into the hands of the persons who shall be appointed to receive
3 the same, the specie proportion required by the said act to be then paid. And if
4 any such subscriber shall fail to make any of the future payments, he shall forfeit
5 the sum so by him first paid, for the use of the corporation.
1 Sec. 5. And be it further enacted, That such part of the public debt, including
2 the assumed debt, as is funded at an interest of three per cent. may be paid to the
3 Bank in the like manner with the debt funded at six per cent. computing the value
4 of the former at one half the value of the latter, and reserving to the subscribers
5 who shall have paid three per cent. stock the privilege of redeeming the same with
6 six per cent. stock, at the above rate of computation, at any time before the first
7 day of January, one thousand seven hundred and ninety-three; unless the three
8 percent. stock shall have been previously disposed of by the directors.
February 23d, 1791--Sent from the House of Representatives for concurrence.
Ordered, That this bill pass to the second reading, and that in the mean time it he printed for the use of the Senate.
The Vice President signed the enrolled bill, entitled "An act regulating the number of Representatives to be chosen by the states of Kentucky and Vermont," and it was delivered to the Committee on Enrolled Bills to be laid before the President of the United States for his approbation.
Mr. Monroe gave notice that to-morrow he intended to move that the doors of the Senate Chamber be opened, to the end that the citizens of the United States may be admitted to hear the debates of the Senate.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed to the proposed conference on the amendment to the amendment of the Senate on the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same," and have appointed managers on their part And he withdrew.
A motion was made that the Senate agree to the following resolution:
Whereas the duties imposed by law on the Attorney General of the United States require the aid of clerks, and are attended with other expenses, for which no provision hath been made:
Resolved, That, for the space of one year from the date hereof, and from thence to the end of the succeeding session of Congress, there be allowed to the said Attorney General at the rate of -- dollars per annum, for the purposes aforesaid.
Ordered, That the consideration of this motion be postponed until to-morrow.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, FEBRUARY 24, 1791.
The Senate assembled: present as yesterday.
The bill sent from the House of Representatives for concurrence, entitled "An act supplementary to the act. entitled 'An act to incorporate the subscribers to the bank of the United States," was read the second time; and, on the question, Shall this bill pass to the third reading? the yeas and nays were required by one-fifth of the Senators present.
Yeas.--Messrs. Bassett, Butler, Dalton, Dickinson, Ellsworth, Elmer, Few, Hawkins, Henry, Johnson, Johnston, Izard, King, Langdon, Lee, Maclay, Morris, Read, Schuyler, Stanton, Strong, and Wingate.--22.
Nays.--Messrs. Carroll, Gunn, and Monroe.--3.
So it was
Ordered, That this bill pass to the third reading.
The Senate proceeded to the third reading of the bill, sent from the House of Representatives for concurrence, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United State:" and,
Resolved, That this bill pass,
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Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
A motion was made, that the Senate agree to the following resolution:
Whereas the duties of the Treasury Department are greatly accessed by different acts passed since the establishment of the office, insomuch as to make the salaries of the officers inadequate to the fatigue and attention requisite; and whereas the time of the present session will not admit of regulating the salaries by bill:
Resolved, That, for the space of one year, the salaries of the different officers shall be advanced in the proportion of 25 per cent. on their present allowance.
Ordered, That the foregoing motion be referred to Messrs. Ellsworth, Butler, Read, Strong, and King; together with the motion made yesterday, respecting an additional compensation to the Attorney General of the United States; and that the committee be instructed to consider and report generally thereon.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the enrolled "Resolution, requesting the President of the United States to cause a communication to be made to the National Assembly of France, respecting the late Benjamin Franklin;" and that they had found it correct.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill, entitled "An act fixing the time for the next annual meeting of Congress," in which they desire the concurrence of the Senate.
The House of Representatives agree to the amendment of the Senate on the bill, entitled "An act for giving effect to the laws of the United States, within the state of Vermont."
The Speaker of the House of Representatives having signed an enrolled resolution, I am directed to bring it to the Senate tot the signature of the Vice President. And he withdrew.
On motion to reconsider the resolution of this date, passing the bill, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States," the bill being still in the possession of the Senate;"
It passed in the negative.
The Vice President signed the enrolled "resolution requesting the President of the United States, to cause a communication to be made to the National Assembly of France, respecting the late Benjamin Franklin," and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
The bill sent from the House of Representatives for concurrence, entitled "An act fixing the time for the next annual meeting of Congress," was read the first time, follows:
An act fixing the time for the next annual meeting of Congress.
1 Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That, after the third day of March
3 next, the first annual meeting of Congress shall be on the fourth Monday of October
4 next.
1791, February the 24th. Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
Agreeably to notice given yesterday, it was moved that the Senate agree to the following resolutions, to wit:
Resolved, That it be a standing rule, that the doors of the Senate Chamber remain open whilst the Senate shall be sitting in a legislative capacity, except on such occasions as, in their judgment, may require secrecy; and that this rule shall commence and be in force on the first day of the next session of Congress.
Resolved, That the Secretary of the Senate, request the commissioners of the city and county of Philadelphia, to cause a proper gallery to be erected for the accommodation of an audience. And, after debate hereon,
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --FRIDAY, FEBRUARY 25, 1791.
The Senate assembled: present as yesterday.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they did, on the 24th instant, lay before the President of the United States the enrolled bill, entitled "An act regulating the number of Representatives to be chosen by the states of Kentucky and Vermont."
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The Senate proceeded to the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act fixing the time for the next annual meeting of Congress."
On motion to substitute 'the first Monday of April,' for 'the fourth Monday of October,' section first, lines third and fourth,
It passed in the negative.
Ordered, That this bill pass to the third reading.
A message from the President of the United States, by Mr. Lear, his Secretary:
Mr. President: The President of the United States has this day approved and signed two acts which originated in the Senate; one,
'An act to incorporate the subscribers to the Bank of the United States;' the other,
'An act regulating the number of Representatives to be chosen by the states of Kentucky and Vermont.' And he withdrew.
The act to incorporate the subscribers to the Bank of the United States, (as it passed both Houses of Congress, and was approved the 25th February, 1791) is as follows:
An act to incorporate the subscribers to the Bank of the United States.
1 Whereas it is conceived that the establishment of a bank for the United States,
2 upon a foundation sufficiently extensive to answer the purposes intended thereby,
3 and at the same time upon the principles which afford adequate security for an
4 upright and prudent administration thereof, will be very conducive to the successful
5 conducting of the national finances; will tend to give facility to the obtaining of
6 loans for the use of the government, in sudden emergencies; and will be productive
7 of considerable advantages to trade and industry in general: therefore,
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That a bank of the United States
3 shall be established; the capital stock whereof shall not exceed ten millions of
4 dollars, divided into twenty-five thousand shares, each share being four hundred
5 dollars; and that subscriptions towards constituting the said stock shall, on the
6 first Monday of April next, be opened at the city of Philadelphia, under the superintendence
7 of such persons, not less than three, as shall be appointed for that
8 purpose by the President of the United States, (who is hereby empowered to
9 appoint the said persons accordingly,) which subscriptions shall continue open
10 until the whole of the said stock shall have been subscribed.
1Sec. 2. And be it further enacted, That it shall be lawful for any person, co-partnership,
2 or body politic, to subscribe for such or so many shares as he, she, or
3 they, shall think fit, not exceeding one thou and, except as shall be hereafter
4 directed relatively to the United States; and that the sums respectively subscribed,
5 except on behalf of the United States, shall be payable one fourth in gold and
6 silver, and three fourths in that part of the public debt, which, according to the
7 loan proposed in the fourth and fifteenth sections of the act, entitled, "An act
8 making provision for the debt of the United States," shall bear an accruing interest
9 at the time of payment of six per centum per annum, and shall also be payable
10 in four equal parts in the aforesaid ratio of specie to debt, at the distance of six
11 calendar months from each other; the first whereof shall be paid at the time of
12 subscription.
1Sec. 3. And be it further enacted, That all those who shall become subscribers to
2 the said bank, their successors and assigns, shall be, and are hereby, created and
3 made a corporation and body politic, by the name and stile ofThe President,
4 Directors, and Company, of the Bank of the United States, and shall so continue until
5 the fourth day of March, one thousand eight hundred and eleven: And by that
6 name shall be, and are hereby made, able and capable in law to have, purchase,
7 receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements
8 hereditaments, goods, chattels, and effects of what kind, nature, or quality whatsoever,
9 to an amount not exceeding in the whole fifteen millions of dollars, including
10 the amount of the capital stock aforesaid; and the same to sell, grant, demise,
11 alien, or dispose of to sue and be sued, plead and be impleaded, answer and be
12 answered, defend and be defended, in courts of record, or any other place whatsoever:
13 And also to make, have, and use, a common seal, and the same to break,
14 alter, and renew, at their pleasure; and, also, to ordain, establish, and put in execution,
15 such by-laws, ordinances, and regulations, as shall seem necessary and
16 convenient for the government of the said corporation, not being contrary to law,
17 or to the constitution thereof; (for which purpose general meetings of the stockholders
18 shall and may be called by the directors, and in the manner hereinafter
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19 specified,) and generally to do and execute all and singular acts, matters, and
20 things, which to them it shall or may appertain to do; subject, nevertheless, to the
21 rules, regulations, restrictions, limitations, and provisions, hereinafter prescribed
22 and declared.
1Sec. 4. And be it further enacted, That, for the well ordering of the affairs of
2 the said corporation, there shall be twenty-five directors; of whom there shall be
3 an election on the first Monday of January in each year, by the stockholders or
4 proprietors of the capital stock of the said corporation. and by plurality of the
5 votes actually given, and those who shall be duly chosen at any election shall
6 be capable of serving as directors by virtue of such choice, until the end or expiration
7 of the Monday of January next ensuing the time of such election, and no
8 longer. And the said directors, at their first meeting after each election, shall
9 choose one of their number as president.
1Sec. 5. Provided always, and be it further enacted, That, as soon as the sum of
2 four hundred thousand dollars, in gold and silver, shall have been actually received
3 on account of the subscriptions to the said stock, notice thereof shall he
4 given by the persons under whose superintendence the same shall have been
5 made, in at least two public gazettes printed in the city of Philadelphia; and the
6 said persons shall, at the same time, in like manner, notify a time and place within
7 the said city. at the distance of ninety says from the time of such notification, for
8 proceeding to the election of directors; and it shall be lawful for such election to
9 be then and there made, and the persons who shall then and there be chosen
10 shall be the first directors, and shall be capable of serving by virtue of such choice,
11 until the end or expiration of the Monday in January next ensuing the time of
12 making the same, and shall forthwith thereafter commence the operations of the
13 said bank, at the said city of Philadelphia: And provided further, That, in case
14 it should at any time happen that an election of directors should not be made
15 upon any day when, pursuant to this act, it ought to have been made, the said
16 corporation shall not for that cause be deemed to be dissolved; but it shall be
17 lawful on any other day to hold and make an election of directors, in such manner
18 as shall have been regulated by the laws and ordinances of the said Corporation:
19 And provided, lastly, That, in case of the death, resignation, absence from
20 the United States, or removal of a director by the stockholders, his place may be
21 filled up by a new choice for the remainder of the year.
1 Sec. 6. And be it further enacted, That the directors for the time being shall
2 have power to appoint such of officers, clerks, and servants under them, as shall be
3 necessary for executing the business of the said corporation, and to allow them
4 such compensation for their services, respectively, as shall be reasonable; and shall
5 be capable of exercising such other powers and authorities for the well governing
6 and ordering of the affairs of the said corporation, as shall be described, fixed,
7 and determined, by the laws. regulations, and ordinances, of the same.
1Sec. 7. And be it further enacted, That the following rules, restrictions, limitations,
2 and provisions, shall form and be fundamental articles of the constitution
3 of the said corporation, viz:
1 1. The number of votes, to which each stockholder shall be entitled, shall be
2 according to the number of shares he shall hold, in the proportions following, that
3 is to say: For one share. and not more than two shares, one vote: For every two
4 shares above two, and not exceeding ten, one vote: For every four shares above
5 ten, and not exceeding thirty, one vote: For every six shares above thirty, and not
6 exceeding sixty, one vote: For every eight shares above sixty, and not exceeding
7 one hundred, one vote: And for every ten shares above one hundred, one vote;
8 but no person, co-partnership, or body politic, shall be entitled to a greater number
9 than thirty votes. And, after the first election, no share or shares shall confer
10 a right of suffrage which shall not have been holden three calendar months
11 previous to the day of election. Stockholders actually resident within the United
12 States, and none other, may vote in elections by proxy.
1 2. Not more than three-fourths of the directors in office, exclusive of the President,
2 shall be eligible for the next succeeding year; but the director, who shall
3 be President at the time of an election, may always be re-elected.
1 3. None but a stockholder, being a citizen of the United States, shall be eligible
2 as a director.
1 4. No director shall be entitled to any emolument, unless the same shall have
2 been allowed by the stockholders at a general meeting. The stockholders shall
3 make such compensation to the President, for his extraordinary attendance at the
4 bank, as shall appear to them reasonable.
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1 5. Not less than seven directors shall constitute a board for the transaction of
2 business, of whom the President shall always be one, except in case of sickness
3 or necessary absence; in which case, his place may be supplied by any other director
4 whom he, by writing under his hand, shall nominate for the purpose.
1 6. Any number of stockholders, not less than sixty, who together shall be proprietors
2 of two hundred shares or upwards, shall have power, at any time, to call
3 a general meeting of the stockholders, for purposes relative to the institution,
4 giving at least ten weeks notice in two public gazettes of the place where the
5 bank is kept, and specifying, in such notice, the object or objects of such meeting.
6
1 7. Every cashier, or treasurer, before he enters upon the duties of his office,
2 shall be required to give bond, with two or more sureties, to the satisfaction of
3 the directors, in a sum not less than fifty thousand dollars, with condition for his
4 good behavior.
1 8. The lands, tenements, and hereditaments, which it shall be lawful for the said
2 corporation to hold, shall be only such as shall be requisite for its immediate accommodation
3 in relation to the convenient transacting of its business, and such as shall
4 have beenbona fide mortgaged to it by way of security, or conveyed to it in satisfaction
5 of debts previously contracted in the course of its dealings, or purchased
6 at sales upon judgments which shall have been obtained for such debts.
1 9. The total amount of the debts which the said corporation shall at any time
2 owe, whether by bond, bill, note, or other contract, shall not exceed the sum of
3 ten millions of dollars, over and above the moneys then actually deposited in the
4 bank for safe keeping, unless the contracting of any greater debt shall have been
5 previously authorized by a law of the United States. In case of excess, the directors,
6 under whose administration it shall happen, shall be liable for the same
7 in their natural and private capacities; and an action of debt may, in such case, be
8 brought against them or any of them, their or any of their heirs, executors, or
9 administrators, in any court of record of the United States, or either of them, by any
10 creditor or creditors of the said corporation, and may be prosecuted to judgment
11 and execution; any condition, covenant, or agreement, to the contrary notwithstanding;
12 but this shall not be construed to exempt the said corporation, or the
13 lands, tenements, goods. or chattels, of the same from being also liable for, and
14 chargeable with, the said excess. Such of the said directors who may have been
15 absent when the said excess was contracted or created, or who may have dissented
16 from the resolution or act whereby the same was so contracted or created, may
17 respectively exonerate themselves from being so liable, by forthwith giving notice
18 of the fact, and of their absence or dissent, to the President of the United States,
19 and to the stockholders, at a general meeting, which they shall have power to
20 call for that purpose.
1 10. The said corporation may sell any part of the public debt, whereof its stock
2 shall be composed, hut shall not be at liberty to purchase any public debt whatsoever;
3 nor shall directly or indirectly deal or trade in any thing except bills of
4 exchange, gold or silver bullion, or in the sale of goods really and truly pledged
5 for money lent and not redeemed in due time; or of goods which shall be the
6 produce of its lands. Neither shall the said corporation take more than at the
7 rate of sixper centum per annum, for or upon its loans or discounts.
1 11. No loan shall be made by the said corporation for the use or on account of
2 the government of the United States to an amount exceeding one hundred thousand
3 dollars, or of any particular state to an amount exceeding fifty thousand dollars,
4 or of any foreign prince or state, unless previously authorised by a law of the
5 United States.
1 12. The stock of the said corporation shall be assignable and transferable according
2 to such rules as shall be instituted in that behalf by the laws and ordinances
3 of the same.
1 13. The bills obligatory and of credit, under the seal of the said corporation,
2 which shall be made to any person or persons, shall be assignable by endorsement
3 thereupon, under the hand or hands of such person or persons, and of his, her,
4 or their, assignee or assignees, and so as absolutely to transfer and vest the property
5 thereof in each and every assignee or assignees successively, and to enable
6 such assignee or assignees to bring and maintain an action thereupon in his, her,
7 or their, own name or names. And bills or notes which may be issued by order
8 of the said corporation, signed by the President, and countersigned by the principal
9 Cashier, or Treasurer, thereof, promising the payment of money to any person
10 or persons, his, her, or their, order, or to bearer, though not under the
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11 seal of the said corporation, shall be binding and obligatory upon the same, in
12 the like manner, and with the like force and effect, as upon any private person
13 or persons, if issued by him or them, in his, her, or their, private or natural capacity
14 or capacities; and shall be assignable and negotiable in like manner as if they
15 were so issued by such private person or persons: that is to say, those which
16 shall be payable to any person or persons, his, her, or their, order, shall be
17 assignable by endorsement, in like manner, and with the like effect, as foreign bills
18 of exchange now are; and those which are payable to bearer shall be negotiable
19 and assignable by delivery only.
1 14. Half-yearly dividends shall be made of so much of the profits of the bank
2 as shall appear to the directors adviseable; and once in every three years the directors
3 shall lay before the stockholders, at a general meeting, for their information,
4 an exact and particular statement of the debts which shall have remained
5 unpaid after the expiration of the original credit, for a period of treble the term
6 of that credit; and of the surplus of profit, if any, after deducting losses and dividends.
7 If there shall be a failure in the payment of any part of any sum
8 subscribed by any person, co-partnership, or body politic, the party failing shall lose
9 the benefit of any dividend which may have accrued prior to the time for making
10 such payment and during the delay of the same.
1 15. It shall be lawful for the directors aforesaid, to establish offices wheresoever
2 they shall think fit. within the United States, for the purposes of discount
3 and deposit only, and upon the same terms and in the same manner as shall be
4 practised at the bank, and to commit the management of the said offices, and the
5 making of the said discounts, to such persons, under such agreements, and
6 subject to such regulations, as they shall deem proper; not being contrary to law or
7 to the constitution of the bank.
1 16. The officer at the head of the Treasury Department of the United States
2 shall be furnished, from time to time, as often as he may require, not exceeding
3 once a week, with statements of the amount of the capital stock of the said. corporation,
4 and of the debts due to the same; of the moneys deposited therein, of the
5 notes in circulation, and of the cash in hand; and shall have a right to inspect such
6 general accounts in the books of the bank as shall relate to the said statements;
7 Provided, that this shall not be construed to imply a right of inspecting the
8 account of any private individual or individuals with the bank.
1Sec. 8. And be it further enacted, That if the said corporation, or any person
2 or persons, for or to the use of the same, shall deal or trade in buying or selling
3 any goods, wares, merchandize, or commodities, whatsoever, contrary to the
4 provisions of this act, all and every person and persons, by whom any order or direction
5 for so dealing or trading shall have been given, and all and every person and
6 persons who shall have been concerned as parties or agents therein, shall forfeit
7 and lose treble the value of the goods, wares, merchandises, and commodities, in
8 which such dealing and trade shall have been; one half thereof to the use of the
9 informer and the other half thereof to the use of the United States, to be recovered
10 with costs or suit.
1Sec. 9. And be it further enacted, That if the said corporation shall advance
2 or lend any sum for the use or on account of the government of the United
3 States, to an amount exceeding one hundred thousand dollars; or of any particular
4 state to an amount exceeding fifty thousand dollars; or of any foreign prince
5 or state, (unless previously authorized thereto by a law of the United States,) all
6 and every person and persons by and with whose order, agreement, consent,
7 approbation, or connivance, such unlawful advance or loan shall have been made,
8 upon conviction thereof shall forfeit and pay, for every such offence, treble the
9 value or amount of the sum or sums which shall have been so unlawfully
10 advanced or lent; one-fifth thereof to the use of the informer, and the residue there
11 of to the use of the United States; to be disposed of by law, and not otherwise.
1Sec. 10. And be it further enacted, That the bills or notes of the said corporation,
2 originally made payable, or which shall have become payable on demand,
3 in gold and silver coin, shall be receivable in all payments to the United States.
1Sec. 11. And be it further enacted, That it shah be lawful for the President
2 of the United States, at any time or times, within eighteen months after the first
3 day of April next, to cause a subscription to be made to the stock of the said corporation,
4 as part of the aforesaid capital stock of ten millions of dollars, on behalf
5 of the United States, to an amount not exceeding two millions of dollars; to be
6 paid out of the moneys which shall be borrowed by virtue of either of the acts,
7 the one entitled "An act making provision for the debt of the United States;"
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8 and the other entitled "An act making provision for the reduction of the public
9 debt;" borrowing of the bank an equal sum, to be applied to the purposes for
10 which the said moneys shall have been procured; reimbursable in ten years, by
11 equal annual instalments, or at any time sooner, or in any greater proportions that
12 the government may think fit.
1 Sec. 12. And be it further enacted, That no other bank shall be established by
2 any future law of the United States during the continuance of the corporation
3 hereby created; for which the faith of the United States is hereby pledged.
January 20, 1791--Passed the Senate.
February 9th, 1791--Passed the House of Representatives.
For the other act this day approved, see February 11th.
The act for the admission of the district of Kentucky into this Union, as approved February 4th, 1791, is here subjoined.
An act declaring the consent of Congress that a new state be formed within the jurisdiction of the Commonwealth of Virginia, and admitted into this Union, by the name of the State of Kentucky.
1 Whereas the Legislature of the Commonwealth of Virginia, by an act, entitled
2 "An act concerning the erection of the district of Kentucky into an independent
3 state," passed the eighteenth day of December, one thousand seven hundred
4 and eighty-nine, have consented that the district of Kentucky, within the jurisdiction
5 of the said Commonwealth, and according to its actual boundaries at the
6 time of passing the act aforesaid, should be formed into a new state: And whereas
7 a convention of delegates, chosen by the people of the said district of Kentucky,
8 have petitioned Congress to consent that, on the first day of June, one thousand
9 seven hundred and ninety-two, the said district should be formed into a new
10 state, and received into the Union by, the name of the State of Kentucky:
1 Sec 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, and it is hereby enacted and declared, That
3 the Congress doth consent that the said district of Kentucky, within the jurisdiction
4 of the Commonwealth of Virginia, and according to its actual boundaries on
5 the eighteenth day of December, one thousand seven hundred and eighty-nine,
6 shall, upon the first day of June, one thousand seven hundred and ninety-two, be
7 formed into a new state, separate from, and independent of, the said Commonwealth
8 of Virginia.
1 Sec. 2. And be it further enacted and declared, That, upon the aforesaid first
2 day of June, one thousand seven hundred and ninety-two, the said new state, by
3 the name and style of the State of Kentucky, shall be received and admitted
4 into this Union as a new and entire member of the United States of America.
January 4, 1791--Originated in the Senate.
January 28, 1791--Passed the House of Representatives.
Ordered, That the Secretary acquaint the House of Representatives that the act, entitled "An act to incorporate the subscribers to the Bank of the United States," and the act, entitled "An act regulating the number of representatives to be chosen by the states of Kentucky and Vermont," were this day approved and signed by the President of the United States.
A communication from the Secretary of the Treasury, explaining the terms on which the loan of three millions of florins, mentioned by the President of the United States to have been negociated, was read, as follows:
The Secretary of the Treasury, in obedience to the orders of the President of the United States, as signified in his speech at the opening of the present session, respectfully informs the Senate and House of Representatives--
That the terms of the loan of three millions of florins, mentioned by the President as having been negotiated in Holland, are as follow:
The rate of interest is five per cent.; but the charges form a deduction from the principal sum of four and an half per cent.; which will occasion the real interest to be paid on the sum actually received by the United States, to be equal to five and a quarter per cent nearly
The reimbursement is to be made in six equal instalments, commencing in the year 1800, and ending in the year 1804; but it is in the option of the United States to reimburse the whole or any part of the sum borrowed at any time they may think proper.
That the disposition which has been made of the above mentioned sum, is as follows:
One million five hundred thousand florins has been applied, pursuant to the directions of the President of the United States, as a payment to France.
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A further sum of about one hundred and sixty thousand florins will also have been appropriated towards a payment on account of the Dutch loans which became due on the first day of February last, including a premium of seventy thousand florins.
The residue is in a situation to be disposed of as may be judged expedient.
A doubt arises how far this loan may be within the meaning of the "act making vision for the reduction of the public debt." on account of the limits of the rate of interest, which, taking the charges of the loan into calculation, would be somewhat exceeded; and though it is presumed that that limitation was not intended to exclude the addition of the ordinary charges, yet a point of so much delicacy appears to require legislative explanation.
The Secretary of the Treasury begs leave to observe, that it is, in his judgment, highly expedient, and very important to the general operations of the Treasury, that the above mentioned loan should be deemed to be included within the meaning of the aforesaid act. The residue may, in this case, be applied with material advantage to the purposes of that act, and the part which has been otherwise applied may be hereafter replaced. All which is humbly submitted.
ALEXANDER HAMILTON,
Secretary of the Treasury.
Treasury Department, February 24, 1791.
Ordered, That this report lie for consideration.
The Senate resumed the consideration of the motion made yesterday, to wit:
Resolved, That it be a standing rule that the doors of the Senate chamber remain open whilst the Senate shall be sitting in their legislative capacity, except on such occasions as, in their judgment, may require secrecy; and that this rule shall commence and be in force on the first day of the next session of Congress.
On this motion the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Foster, Gunn, Hawkins, King, Lee, Maclay, Monroe, and Schuyler--9.
Nays.--Messrs. Bassett, Carroll, Dalton, Dickinson, Ellsworth, Elmer, Few, Henry, Johnson Johnston, Izard, Langdon, Morris, Read, Stanton, Strong, Wingate.--17.
So it passed in the negative.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act supplemental to the act establishing the Treasury Department," in which they desire the concurrence of the Senate. And he withdrew.
The petition of Shubael Swain was read, praying remission of a fine incurred for the breach of the revenue laws, for reasons mentioned in his petition.
Ordered, That this petition lie on the table.
The bill sent from the House of Representatives for the relief of Shubael Swain, and on the sixth of January not concurred in by the Senate, is as follows:
An act for the relief of Shubael Swain.
1 Whereas it appears that Shubael Swain, a prisoner in the gaol of the city of
2 Philadelphia, on account of a breach of the revenue laws, is insolvent, and has
3 suffered a long imprisonment--
1 Be it enacted by the Senate and House of Representatives of the United States
2 of America in Congress assembled, That the right and interest of the United
3 States in a certain judgment for four hundred dollars, with costs of suit recovered
4 in the district court of Pennsylvania, in the month of April, one thousand
5 seven hundred and ninety, against Shubael Swain, under the act, entitled "An act
6 to regulate the collection of the duties imposed by law on the tonnage of ships and
7 vessels, and on goods, wares, and merchandizes, imported into the United States,"
8 shall be, and the same is hereby, remitted and released unto the said Shubael
9 Swain.
1791, January 4th--Passed the House of Representatives.
Agreeably to the order of the day, the Senate resumed the second reading of the "bill to amend an act, entitled 'An act for establishing the temporary and permanent seat of the government of the United States."
On motion that the consideration hereof be postponed, the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Maclay, Stanton, Strong, and Wingate.--12
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Nays.--Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, and Schuyler.--14.
So it passed in the negative.
On motion that the first clause of this bill be agreed to, to wit: from line first, to the word 'provided,' line fourteenth; the yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Few, Gunn, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Monroe, Morris, Read, and Schuyler.--14.
Nays.--Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Johnson, King, Maclay, Stanton, Strong, and Wingate.--12.
So it passed in the affirmative.
Ordered, That this bill pass to the third reading.
Mr. Ellsworth reported, from the managers appointed to confer with the managers on the part of the House of Representatives, on the amendments to the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead and, also, upon spirits distilled within the United States, and for appropriating the same."
Ordered, That the report lie for consideration.
The bill sent from the House of Representatives for concurrence, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bask of the United States," was read the third time.
On motion to add the following, as a section to the bill:
Sec.--And be it further enacted, That the term 'law,' used in the third section of the original act, which requires that the by-laws, ordinances, and regulations, of the said corporation, shall not be contrary to law or the constitution thereof, shall be construed to meant he laws of the individual states, as well as of the United States."
It passed in the negative.
On motion to adopt the following, as an addition to the bill:
And be it further enacted, That nothing in the act to which this is a supplement, shall restrain the legislature of the United States from repealing the same; and abolishing the corporation thereby established, at any time after the fourth day of March, in the year one thousand eight hundred and two, the yeas and nays were required by one fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Few, Gunn, Hawkins, Johnston, Izard, Lee, and Monroe.--9.
Nays.--Messrs. Bassett, Dalton, Dickinson, Ellsworth, Elmer, Foster, Henry, Johnston, King, Langdon, Maclay, Morris, Read, Schuyler, Stanton, Strong, and Wingate.--17.
So it passed in the negative.
Resolved, That this bill pass.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
The bill sent from the House of Representatives for concurrence, entitled "An act supplemental to the at establishing the Treasury Department," was read the first time, as follows:
An act supplemental to the act establishing the Treasury Department.
1 Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That the eighth section of the act,
3 entitled "An act to establish the Treasury Department," passed the second day of
4 September, one thousand seven hundred and eighty nine, shall be, and the same
5 is hereby, extended to all and every of the clerks employed in the Treasury
6 Department, as fully and effectually as if they and every of them were specially
7 named therein; except as to the penalty in such section mentioned, which, in case of
8 any such clerk offending against the provisions of the said section, shall be five
9 hundred dollars, and removal from office.
1 Sec. 2. And be it further enacted, That each and every clerk and other officer
2 already appointed in any of the departments of the United States, (and who have
3 not, since their appointment, taken the oath or affirmation hereafter mentioned)
4 shall, within fifteen days after the passing of this act, and those who shall hereafter
5 be appointed, shall, before they enter upon the duties of such appointment,
6 take an oath or affirmation before one of the justices of the supreme court, or one
7 of the judges of a district court of the United States, to support the constitution
8 of the United States; and, also, an oath or affirmation, well and faithfully to
9 execute the trust committed to him: which oaths or affirmations subscribed by such
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10 clerk, and certified by the person administering the same, shall be filed in the office
11 of the person employing such clerk.
1Sec. 3. And be it further enacted, That it shall and may be lawful for the principal
2 in any of the offices of the United States, who is authorised by law to appoint
3 clerks under him, to allow to each clerk such compensation for his services
4 as he shall, in the opinion of such officer, deserve for the same: Provided, that the
5 whole sum to be expended for clerks, in any such office, (except the chief clerk,)
6 shall not exceed a sum equal to five hundred dollars for every clerk employed
7 therein.
1791, Feb. 25: Passed the House of Representatives.
Ordered, That this bill pass to the second reading, and that, in the mean time, it be printed for the use of the Senate.
The Senate adjourned to 11 o'clock to-morrow.
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Senate Journal --SATURDAY, FEBRUARY 26, 1791.
The Senate assembled: present as yesterday.
Mr. Morris communicated the request of the American Philosophical Society, "that the Vice President of the United States and Senate would attend the eulogium to be pronounced by order of the society, to the memory of their late worthy President Benjamin Franklin, on Tuesday morning next, at the German Lutheran Church, at half past nine o'clock."
The bill to amend an act, entitled "An act for establishing the temporary and permanent seat of the government of the United States," was read the third time.
Resolved, That this bill pass; that the title thereof be "An act to amend an act, entitled 'An act for establishing the temporary and permanent seat of the government of the United States;" that it be engrossed, and that the Secretary desire the concurrence of the House of Representatives therein.
The bill sent from the House of Representatives for concurrence, entitled "An act supplemental to the act establishing the Treasury Department," was read the second time; and,
Ordered, That this bill be referred to the committee appointed the 24th February, on the motions respecting the officers of the Department of the Treasury and the attorney general.
The bill sent from the House of Representatives for concurrence, entitled "An act fixing the time for the next annual meeting of Congress," was read the third time.
Resolved, That this bill pass.
Ordered, That the Secretary acquaint the House of Representatives with the concurrence of the Senate in this bill.
Agreeably to notice on the 21st instant, leave was requested to bring in "a bill concerning the payment of balances due to the United States in certain cases," and it being obtained, the bill was laid on the table and read the first time, as follows:
An act concerning the payment of balances due to the United States, in certain cases.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That, in every ease of the settlement of
3 an account at the Treasury of the United States, (in which, if a balance had been
4 or should be found against the United States, such balance would have been or
5 would be liquidated by a certificate,) if a balance has been or shall be found in favor
6 of the United States, it shall be lawful for the person or persons from whom
7 such balance is or shall be due, to pay or satisfy the same, in certificates of debt
8 due from the United States, of the like tenor, and upon the like principles, as if
9 such balance had been found against the United States.
Ordered, That this bill pass to the second reading.
Mr. Strong reported, from the committee appointed to take into consideration the bill sent from the House of Representatives for concurrence, entitled "An act to establish offices for the purpose of granting lands within the territories of the United States," that the further consideration of this bill be postponed until the next session of Congress.
On motion, it was agreed to postpone the report of the committee, and to resume the second reading of the bill; and, after debate,
Ordered, That this bill be recommitted.
A message from the House of Representatives, by Mr. Beckley, their Clerk.
Mr. President: The House of Representatives recede from their disagreement to
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the amendment last proposed by the Senate, to the last clause of the section to follow section sixty first of the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same;" and they agree to the amendment, amended as follows: After the word 'exceed,' substitute these words, 'sevenper cent. of the whole product of the duties arising from the spirits distilled within the United States; And provided, also. That such allowance shall not exceed the annual amount of forty-five thousand dollars, until the same shall be further ascertained by law.' And he withdrew.
The report from the managers appointed to confer with the managers appointed on the part of the House of Representatives, on the disagreeing votes of the two Houses, to the last clause of the section to follow section sixty first of the last mentioned bill, was considered; whereupon,
Resolved, That the Senate do agree to the resolution of the House of Representatives on the clause above referred to, and that the amendment thereon be as follows: After the word 'exceed,' substitute these words, 'sevenper cent of the whole product of the duties arising from the spirits distilled within the United States: And provided, also, that such allowance shall not exceed the annual amount of forty five thousand dollars, until the same shall be further ascertained by law.'
Ordered, That the Secretary communicate this resolution to the House of Representatives.
Mr. Ellsworth, from the committee to whom was referred the bill sent from the House of Representatives for concurrence, entitled "An act supplemental to the act establishing the Treasury Department," reported amendments; which were adopted; and,
Ordered, That this bill pass to the third reading.
The Senate adjourned to Monday next, at 11 o'clock.
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Senate Journal --MONDAY, FEBRUARY 28, 1791.
The Senate assembled: present as on the 26th;
And proceeded to the third reading of the ball sent from the House of Representatives for concurrence, entitled "An act supplemental to the act establishing the Treasury Department;" and,
Resolved, That this bill pass, with the following amendments:
Sec. 3. Line 6, after 'dollars,' insert 'per annum.'
At the end of the bill, add
Sec. 4. And be it further enacted by the authority aforesaid, That there shall be allowed, for one year, commencing with the passing of this act, to the Register, two hundred and fifty dollars, and to the Auditor, the Comptroller of the Treasury, and the Attorney General, four hundred dollars each, m addition to their respective salaries, and to be paid in the same manner.
To the title add, 'and for a further compensation to certain officers.'
Ordered, That the Secretary desire the concurrence of the House of Representatives in these amendments.
The bill concerning the payment of balances due to the United States, in certain cases, was read the second time.
On motion that this bill be postponed,
It passed in the negative.
Ordered, That this bill be committed to Messrs. Strong, Lee, and Schuyler, to consider generally and report thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act concerning the rates of foreign coins," in which they desire the concurrence of the Senate:
They agree to the amendments of the Senate, to the bill, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers," with amendments; in which amendments to the amendments, they desire the concurrence of the Senate. And he withdrew.
The amendments of the House of Representatives on the amendments of Senate, to the last mentioned bill, are:
Sec. 10. Second amendment. In the second line of the bill strike out the word 'more.' In the same line, substitute 'will' for 'would;' and in the third line strike out the word 'than,' and in lieu thereof insert 'in addition to or in place of the.'
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In the fifth line of the amendment of the Senate, strike out the word 'of,' and insert 'not exceeding.'
Sec. 12. Line 5th of the bill, make the word 'cases,' singular.
Same line, after 'wounds,' substitute 'or' for 'and,'
In the last of the sections proposed to be added to the bill, line fifth, after 'annum,' insert 'or to apply any moneys which he may have borrowed by virtue of any law of the United States, to the purposes of this act.'
Line seventh, after the word 'aforesaid,' insert 'or for replacing the moneys which may be so applied.'
The bill sent from the House of Representatives for concurrence, entitled "An act concerning the rates of foreign coins," was read the first time, as follows:
1Sec. 1. Be it enacted by the Senate and House of Representatives of the
2 United States of America in Congress assembled, That so much of an act, entitled
3 "An act to provide more effectually for the collection of the duties imposed
4 by law on goods, wares, and merchandise, imported into the United States, and
5 on the tonnage of ships or vessels," as bath rated the fix dollar of Denmark at
6 our hundred cents, be, and the same is hereby, repealed; and that this repeal
7 shall be deemed to operate in respect to all duties which have already arisen or
8 accrued, as well as to such as shall hereafter arise or accrue.
1Sec. 2. And be it further enacted, That the Secretary of the Treasury be
2 authorized and directed to estimate the value of the several denominations of foreign
3 coin which are not estimated by law, and that the collectors of the customs,
4 in their valuation of such foreign coin, be required to conform to the estimate
5 thereof which shall be made by the Secretary of the Treasury, pursuant to this
6 act.
February 28, 1791: Sent from the House of Representatives for concurrence.
Ordered, That this bill pass to the second reading.
The Senate took into consideration the resolution of the House of Representatives, on their amendments to the amendments of the Senate, to the bill, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers," and, after progress, the further consideration thereof was postponed until to-morrow.
Mr Strong reported from the committee to whom was referred the bill concerning the payment of balances doe to the United States, in certain cases;" whereupon,
Ordered, That the further consideration of this bill be postponed to the next session of Congress.
The Senate adjourned to 11 o'clock: to-morrow.
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Senate Journal --TUESDAY, MARCH 1, 1791.
The Senate assembled: present as yesterday.
Mr. Foster reported, from the Committee on Enrolled Bills, that they had examined the following bills, and that they are duly enrolled: The bill, entitled "An act giving effect to the laws of the United States within the State of Vermont." The bill entitled "An act fixing the time for the next annual meeting of Congress." The bill, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States." The bill, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States." And the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from broad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same."
The bill sent from the House of Representatives for concurrence, entitled "An act concerning the rates of foreign coins," was read the second time; and,
Ordered, That it be committed to Messrs. Schuyler, Monroe, and Maclay, to consider generally and report thereon.
The petition of John M'Pherson was read, praying an exclusive patent, in consequence of certain inventions mentioned in his petition.
Ordered, That this petition lie on the table.
The consideration of the resolution of the House of Representatives, on the amendments of the Senate to the bill, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers," was resumed; and,
Resolved, That the Senate agree to all the amendments of the House of Representatives,
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on the amendments of the Senate, except the two last, to which the Senate do not agree.
Ordered, That the Secretary communicate this resolution to the House of Representatives.
Mr. Morris reported, from the committee appointed February 7th, on the report of the Secretary of the Treasury, relative to the establishment of a mint; and the report was ordered to lie for consideration.
Mr. Izard reported, from the committee to whom was referred the report of the Secretary of State, on the subject of weights, measures, and coins, "that, as a proposition has been made to the National Assembly of France, for obtaining a standard of measure, which shall be invariable, and communicable to all nations, and at all times, as a similar proposition has been submitted to the British Parliament, in their last session; as the avowed object of these is, to introduce an uniformity in the measures and weights of the commercial nations; as a coincidence of regulation, by the government of the United States, on so interesting a subject, would be desirable, your committee are of opinion, that it would not be eligible, at present, to introduce any alteration in the measures and weights which are now used in the United States."
And the report was adopted.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives has signed several enrolled bills, which I am directed to bring to the Senate for the signature of the Vice President." And he withdrew.
Whereupon, the Vice President signed the following enrolled bills, and they were delivered to the committee, to be laid before the President of the United States for his approbation, to wit: The bill, entitled "An act giving effect to the laws of the United States within the state of Vermont;" the bill, entitled "An act fixing the time for the next annual meeting of Congress;" the bill, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States;" the bill, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States;" and, the bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same."
On motion, that it be "resolved that a committee be appointed, to join with a committee of the House of Representatives, to wait on the President of the United States and communicate to him the desire of both Houses of Congress, that he would cause every proper means to be used to bring about a peace between the United States and the Wabash and Miami Indians, previous to further hostilities on those nations; and that Congress will make provision to defray the necessary expense thereof:"--
A motion was made to add to the motion as follows: "And likewise to obtain from such tribes a relinquishment of their claims to the territory of the United States, wherein it can be accomplished, so as to make the same a more productive fund for the payment of the public debt."
And the consideration hereof was postponed until to-morrow.
Mr. Schuyler, from the committee on the bill sent from the House of Representatives for concurrence, entitled "An act concerning the rates of foreign coins," reported amendments, and it was agreed to amend the bill accordingly.
It was agreed, by unanimous consent, so far to dispense with the rule, as that this bill be now read the third time; and, the bill having been read accordingly,
Resolved, That this bill pass, with the following amendments; Expunge the whole of the second section.
In the title, after the word 'act,' expunge the whole, and substitute 'relative to the rix dollar of Denmark.'
Ordered, That the Secretary desire the concurrence of the House of Representatives in these amendments.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill sent from the Senate for concurrence, entitled "An act to amend 'An act for establishing the temporary and permanent seat of the government of the United States."
They agree to the amendments of the Senate on the bill, entitled "An act supplemental to the act establishing the Treasury Department, and for a further compensation to certain officers."
They have passed the bill, entitled "An act for making compensations to the commissioners of loans, for extraordinary expenses," and the bill, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for
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jurors and witnesses, and for other purposes;" in which two last mentioned bills they desire the concurrence of the Senate. And he withdrew.
The bill sent from the House of Representatives for concurrence, entitled "An act for making compensations to the commissioners of loans for extraordinary expenses," was read the first time, as follows:
An act for making compensations to the commissioners of loans, for extraordinary expenses.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That the commissioners of loans in
3 the several states shall be allowed, in the settlement of their accounts, such sums
4 as shall appear to have been necessarily expended by them in the purchase of
5 stationery for the use of their several offices, from the commencement of the
6 same to the first day of October next.
1Sec. 2. And be it further enacted, That the commissioners of loans in the several
2 states shall be allowed, in the settlement of their several accounts, such
3 sums as they shall have necessarily expended for the hire of clerks to assist in
4 executing the duties of their several offices, from the commencement of the
5 same to the first day of October next, excepting only the hire of one clerk for
6 the several commissioners in the states of Massachusetts, New-York, Pennsylvania,
7 and Virginia
March 1, 1791: Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
The bill sent from the House of Representatives for concurrence, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes," was read the first time, as follows:
An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That there be allowed to the several
3 officers following, in addition to the fees (except mileage to the marshals)
4 to which they are otherwise by law entitled, and also to jurors and witnesses,
5 in the courts of the United States, the following respective compensations, that
6 is to say; To the attorney of the United States for the district, for his expenses
7 and time in travelling from the place in the state where the office of the clerk
8 of the district court is kept, to the other place in the district where a circuit
9 court is directed to be held, at the rate of ten cents per mile going, and the
10 same allowance for returning: To the clerk of the district court, for attending in
11 the district or circuit court, live dollars per day, and the like compensation for
12 travelling as is above allowed to the attorney for the district: To the clerk of
13 the supreme court, for attending in court, eight dollars per day: To the marshal
14 of the district, for attending the supreme, circuit, or district courts, five dollars
15 per day; for summoning grand jury three dollars, and for summoning a petit jury
16 two dollars, and for serving a writ five cents per mile from the place where
17 the office of the clerk of the district court is kept to the place where
18 the writ shall be served; but there shall not in any case be an allowance
19 of mileage to the marshals exceeding one hundred miles; to the grand
20 and petit jurors, each, fifty cents per day, for attending in court, and for travelling,
21 at the rate of fifty cents for every ten miles, from their respective planes
22 of abode, to the place where the court is held, and the like allowance for returning;
23 to witnesses summoned on the part of the United States, or in behalf of
24 any prisoner to be tried for any capital offence in any of the courts thereof, the
25 same compensation as is above allowed to grand and petit jurors. That the several
26 officers above specified shall be deemed to have been entitled to the
27 above respective compensations, from the time of their respective appointments,
28 and that the grand and petit jurors and witnesses wire have heretofore attended
29 shall also be deemed entitled to the above compensation, in like manner as
30 those who shall hereafter attend. That there shall also be paid to the marshal
31 the amount of the expense for fuel, candles, and other reasonable contingencies
32 for holding a court, as hath accrued or shall accrue, and the compensations to the
33 grand and petit jurors, and witnesses, shall be included in the account of and
34 paid to the marshal, to the use of, and be by him accordingly paid over to, the
35 several persons entitled to the same: And the accounts of the several officers
36 for the compensations aforesaid, (except mileage to the marshal, for the service
37 of writs in civil causes) having been previously examined and certified by
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38 the judge of the district, shall be passed in the usual manner at, and the amount
39 thereof paid out of, the Treasury of the United States. And a sum arising from
40 the fines and forfeitures to the United States, and equal to the amount thereof, is
41 hereby appropriated for the payment of the above accounts.
1Sec. 2. And be it further enacted, That, instead of the provisions in that
2 respect heretofore made, the first session of the circuit courts in the eastern
3 circuit, after the passing of this act, shall commence at the times following, that
4 is to say: In New-York district on the fifth, and in Connecticut district on the
5 twenty-fifth, days of April next; in Massachusetts district on the twelfth, and in
6 New-Hampshire district, on the twenty-fourth, days of May next; and in Rhode
7 Island district on the seventh day of June next; and the subsequent sessions in
8 the respective districts on the like days of every sixth calendar month thereafter,
9 except when any of those days shall happen on a Sunday, and then the sessions
10 shall commence on the next day following. And the sessions of the said circuit
11 court shall be held in New-Hampshire district at Portsmouth and Exeter alternately,
12 beginning at the first; in Massachusetts district at Boston; in Rhode-Island
13 district at Newport and Providence alternately, beginning at the first; in Connecticut
14 district at Hartford and New-Haven alternately; beginning at the last; and
15 in New-York district at the city of New-York only.
1Sec. 3. And be it further enacted, That, from and after the passing of this act,
2 instead of the provisions in the act for that purpose, the sessions of the circuit
3 court for the district of Virginia shall be holden in the city of Richmond only.
1Sec. 4. And be it further enacted, That this act shall continue in force until
2 the end of the next session of Congress, and no longer.
March 1, 1791: Passed the House of Representatives.
Ordered, That this bill pass to the second reading, and that, in the mean time, it be printed for the use of the Senate.
Ordered, That Messrs. Schuyler, Ellsworth, and Butler, be a committee to revise the laws of the United States, to report such as are expired, or are about to expire, and a bill or bills for the revival of such as may be deemed necessary.
Mr. Langdon, from the committee appointed to consider that part of the speech of the President of the United States which relates to the commerce of the Mediterranean, and to whom was referred the message from the President of the United States of the 30th December, and papers, together with his message of 22d February, reported a bill, which was read the first time, as follows:
An act making an appropriation for the purposes therein mentioned.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That, for the purpose of effecting
3 a recognition of the treaty of the United States with the new emperor of Morocco,
4 there be, and hereby is, appropriated a sum not exceeding twenty thousand
5 dollars, to be paid out of the moneys which, prior to the first day of January
6 next, shall arise from the duties imposed upon spirits distilled within the United
7 States, and from stills, by the act, entitled "An act repealing, after the last day
8 of June next, the duties heretofore laid upon distilled spirits imported from
9 abroad, and laying others in their stead; and also upon spirits distilled within the
10 United States, and for appropriating the same; together with the excess of duties
11 which may arise from the dories imposed by the said act on imported spirits,
12 beyond those which would have arisen by the act, entitled "An act making further
13 provision for the payment of the debts of the United States; " and the President
14 is hereby authorised to take on loan the whole sum by this act appropriated,
15 or so much thereof as he may judge requisite, at an interest not exceeding
16 six per cent, per annum, and the fund established for the abovementioned appropriation
17 is hereby pledged for the payment of the principal and interest of any
18 loan to be obtained in manner aforesaid; and, in case of any deficiency in the said
19 fund, the faith of the United States is hereby also pledged to make good such
20 deficiency.
March 2, 1791: Passed the Senate.
It was agreed, by unanimous consent, so far to dispense with the rule, as that this bill be now read the second time.
On motion to commit the bill, with an instruction to augment the sum therein appropriated to sixty thousand dollars,
It passed in the negative.
Ordered, That this bill pass to the third reading.
Mr. Strong reported from the committee appointed to take into consideration the
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bill, entitled "An act to establish offices for the purpose of granting lands within the territories of the United States." Whereupon,
Resolved, By the Senate and House of Representatives of the United States of America in Congress assembled. That the President of the United States be, and he hereby is, requested to cause a return to be made to Congress, at their next session, of the quantity and situation of the lands not claimed by the Indians, nor granted to nor claimed by any of the citizens of the United States, within the territory ceded to the United States by the state of North Carolina, and within the territory of the United States northwest of the river Ohio.
Ordered, That the Secretary request the concurrence of the House of Representatives in this resolution.
Ordered, That the further consideration of the bill last mentioned be postponed until the next session of Congress.
The Senate adjourned to 11 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --WEDNESDAY, MARCH 2, 1791.
The Senate assembled: present as yesterday.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives recede from their two last amendments to the amendments of the Senate, to the bill, entitled "An act for raising and adding and her regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers; and
They agree to the amendments of the Senate on the bill, entitled "An act concerning the rates of foreign coin."
The House of Representatives have passed the bill, entitled "An set to continue in force, for a limited time, an act, entitled 'An act for the temporary establishment of the Post-Office;" the bill, entitled "An act for making compensation to the widows and orphan children of certain officers who were killed, or who died in the service of the United States, during the late war; and for the relief of certain invalids, and other persons therein mentioned;" and the bill, entitled "An act supplementary to the act making provision for the reduction of the public debt;" in which three last mentioned bills they desire the concurrence of the Senate.
I am directed to bring to the Senate several enrolled bills, which are signed by the Speaker of the House of Representatives, for the signature of the Vice President.-- And he withdrew.
Mr. Foster reported, from the Committee on Enrolled Bills, that they did, yesterday, lay before the President of the United States, the following enrolled bills, for his approbation:
The bill, entitled "An act giving effect to the laws of the United States within the state of Vermont;"
The bill, entitled "An act fixing the time for the next annual meeting of Congress,"
The bill, entitled "An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States;"
The bill, entitled "An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States;"
The bill, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also, upon spirits distilled within the United States, and for appropriating the same;"
And the resolution, "requesting the President of the United States to cause to be communicated to the National Assembly of France the peculiar sensibility of Congress to the tribute paid to the memory of Benjamin Franklin."
He also reported, from the same committee, that they had examined the following bills, and that they were duly enrolled:
The bill, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers;"
The bill, entitled "An act supplemental to the act establishing the Treasury Department, and for a further compensation to certain officers;" and
The bill, entitled "An act to amend 'An act for establishing the temporary and permanent seat of government of the United States."
A message from the President of the United States, by Mr. Lear, his Secretary:
Mr. President: The President of the United States has this day approved and signed a resolution, which originated in the Senate, requesting that the President of the United
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ed States would cause to be communicated to tie National Assembly of France the sense which Congress have of the tribute paid to the memory of Benjamin Franklin." And he withdrew.
Mr. Schuyler, from the committee appointed to revise the laws of the United States, reported a bill, which was read the first time, as follows:
An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That the act, entitled "An act to provide
3 for mitigating or remitting the forfeitures and penalties accruing under the
4 revenue laws, in certain cases therein mentioned." shall be, and is hereby, continued
5 in force until the end of the next session of Congress, and no longer.
1Sec. 2. And be it further enacted, That the yearly pensions which have been
2 allowed by, or in pursuance of, any act or law of the United States, to persons who
3 were wounded and disabled during the late war, shall, for the space of one year
4 from the 4th day of March next, be paid out of the Treasury of the United States,
5 under such regulations as the President of the United States may direct.
1Sec. 3. And be it further enacted, That all expenses which shall accrue from
2 the first day of July next, inclusively, for the necessary support, maintenance, and
3 repairs, of all light-houses, beacons, buoys, and public piers, shall continue to be
4 defrayed by the United States, until the first day of July, in the year one thousand
5 seven hundred and ninety-two, notwithstanding such light-houses, beacons,
6 buoys, or public piers, with the lands and tenements thereunto belonging, and
7 the jurisdiction of the same, shall not, in the mean time, be ceded to, or vested in,
8 the United States, by the state or states, respectively, in which the same may be;
9 and that the said time be further allowed to the states, respectively, to make
10 such cession.
March 2, 1791: Originated in Senate.
Ordered, That this bill pass to the second reading.
The bill sent from the House of Representatives for concurrence, entitled "An act for making compensation to the widows and orphan children of certain officers, who were killed or who died in the service of the United States, during the late war; and for the relief of certain invalids and other persons therein mentioned," was read the first time, as follows:
An act for making compensation to the widows and orphan children of certain officers wire were killed, or wire died in the service of the United States, during the late war; and for the relief of certain invalids, and other persons therein mentioned.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That the Register of the Treasury
3 shall, and he hereby is required to, grant to the orphan children of the late captain
4 Robert Lewis, who died while in the service of the United States, a certificate
5 to entitle them to a sum equal to an annuity of seven years half pay of a captain;
6 to commence the twenty-second day of March, one thousand seven hundred
7 and seventy-seven, in conformity to the act of the late Congress, passed on the
8 twenty-fourth day of August, one thousand seven hundred and eighty; that the
9 said certificate be liquidated, and granted upon similar principles with the other
10 debts of the United States. That the said Register grant, in like manner, to Hannah
11 Douglass, widow of the late colonel William Douglass, who died in the service
12 of the United States, a certificate to entitle her to a sum equal to an annuity
13 of seven years half pay of a colonel; to commence the fifteenth day of May, one
14 thousand seven hundred and seventy-seven. That the said Register grant, in the
15 like manner, and upon similar principles, to Anne Roberts, widow of the late colonel
16 Owen Roberts, who was killed while in the service of the United States, a
17 certificate to entitle her to a sum equal to an annuity of seven years half pay of colonel
18 of artillery; to commence as from the twentieth day of June, one thousand
19 seven hundred and seventy-nine: Provided, it shall first be made to appear that
20 the said annuity or seven years half pay, or any part thereof, has not been paid by
21 the state of South Carolina; and in case any part of the said annuity shall have
22 been paid by the said state, the said Register shall grant a certificate only for the
23 balance which remains unpaid. That the said Register grant, in like manner, to
24 the orphan children of the late major Andrew Leitch, who was killed while in the
25 service of the United States, a certificate to entitle them to a sum equal to an annuity
26 of seven years half pay of a major; to commence as from the sixteenth day
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27 of September, one thousand seven hundred and seventy-six. That the said Register
28 grant, in like manner, to the orphan children of the late captain William
29 White, who was killed while in the service of the United States, a certificate to
30 entitle them to a sum equal to an annuity of seven years half pay of a captain; to
31 commence as from the fifteenth day of October, one thousand seven hundred and
32 eighty-one. That the said Register grant, in like manner, to the orphan children
33 of the late lieutenant John Harris, who was killed while in the service of the United
34 States, a certificate to entitle them to a sum equal to an annuity of seven years
35 half pay of a lieutenant; to commence as from the fifteenth day of December, one
36 thousand seven hundred and seventy-seven.
1Sec. 2. And be it further enacted, That the Secretary for the Department of
2 War be, and he hereby is, required to place on the invalid list Timothy Mix, disabled
3 in the late war, by the loss of his right hand, while in the service of the United
4 States, at the rate of the half pay of a lieutenant of artillery; to commence on
5 the fourth day of November, one thousand seven hundred and eighty-three: Provided,
6 That the said Timothy Mix shall first return the amount of the commutation
7 of the half pay for life which he has received. That the said Secretary place
8 on the invalid list Abel Turney, mariner, disabled while in the service of the United
9 States, at the rate of one dollar per month; to commence on the first day of
10 January, one thousand seven hundred and eighty-one.
1Sec. 3. And be it further enacted, That the arrears of the said pensions be paid
2 as the laws direct in similar cases.
1Sec. 4. And be it further enacted, That the Comptroller of the Treasury be,
2 and he hereby is, directed to adjust the accounts of Joseph Pannil, a lieutenant-colonel
3 in the service of the United States, during the late war, and to allow hint
4 the usual commutation of the half pay for life of a lieutenant-colonel; and that
5 the Register of the Treasury be, and he hereby is, required to grant a certificate
6 for the amount thereof accordingly That the said Comptroller adjust the account
7 of the late brigadier-general De Haas, admitting to the credit of the said
8 account such sums as by evidence shall appear to have been advanced for the
9 public service; and that the said Register do grant a certificate for the balance due
10 on such settlement. That the said Comptroller adjust the account of Thomas
11 M'Intire, a captain in the service of the United States, during the late war, and
12 allow him the usual commutation of the half pay for life of a captain; and that the
13 said Register grant a certificate for the amount thereof accordingly.
1Sec. 5. And be it further enacted, That the Comptroller of the Treasury be,
2 and he is hereby, required to adjust the account of Francis Suzor Debevere, a
3 surgeon's mate, in the service of the United States, during the late war, and who
4 remained in captivity to the end thereof; and that the Register of the Treasury
5 be, and he hereby is, required to grant a certificate for the amount which shall be
6 found due for the services of the said Francis Suzor Debevere. That the said
7 Comptroller adjust the account of Robert King, as a lieutenant deranged upon the
8 principles of the act of the late Congress, passed the twenty fourth day of November,
9 one thousand seven hundred and seventy eight; and that the said Register
10 grant a certificate accordingly, That the said Comptroller adjust the account of
11 Lemuel Sherman, as a sailing-master of a galley on Lake Champlain, and as such
12 taken prisoner; and that the said Register grant a certificate accordingly.
1Sec. 6. And be it further enacted, That there be granted to Nicholas Ferdinand
2 Westfall, who left the British service, and joined the army of the United
3 States, during the late war, one hundred acres of unappropriated land in the western
4 territory of the United States, free of all charges; and, also, the sum of three
5 hundred and thirty six dollars, out of any money appropriated to the contingent
6 charges of government.
March 2, 1791: Passed the House of Representatives.
It was agreed, by unanimous consent, that the rule be so far dispensed with, as that this bill be now read the second time.
Ordered, That this bill be committed to Messrs. Wingate, Strong, and Carroll, to consider and report thereon.
The bill sent from the House of Representatives for concurrence, entitled "An act supplementary to the act making provision for the reduction of the public debt," was read the first time, as follows:
An act supplementary to the act making provision for the reduction of the public debt.
1 Whereas it hath been made known to Congress that the President of the United
2 States, in consequence of the several acts, the one entitled "An act making provision
3 for the debt of the United States;" the other, entitled "An act making provision
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4 for the reduction of the public debt;" or one of them, hath caused a certain
5 loan to be made in Holland, on account of the United States, to the amount of
6 three millions of florins, bearing an interest of five per centum per annum, and
7 reimbursable in six yearly instalments, commencing in the year one thousand
8 eight hundred and ending in the year one thousand eight hundred and six, or at
9 any time sooner, in whole or in part, at the option of the United States.
1 And whereas it hath been also stated to Congress, that the charges upon the
2 said loan have amounted to four and a half per centum, whereby a doubt hath arisen
3 whether the said loan be within the meaning of the said last mentioned act,
4 which limits the rate of interest to five per centum per annum;
1 And whereas it is expedient that the said doubt be removed:
1Sec. 1. Be it enacted and declared by the Senate and House of Representatives
2 of the United States of America in Congress assembled, That the loan aforesaid
3 shall be deemed and construed to be within the true intent and meaning of the
4 said act, entitled "An act making provision for the reduction of the public debt;"
5 and that any further loan, to the extent of the principal sum authorized to be
6 borrowed by the said act, the interest whereof shall be five per centum per annum,
7 and the charges whereof shall not exceed the said rate of four and a half
8 per centum, shall, in like manner, be deemed and construed to be within the true
9 intent and meaning of the said act.
March 1, 1791: Passed the House of Representatives.
It was agreed, by unanimous consent, so far to dispense with the rule, as that this bill pass to the second reading at this time; and, after progress, the further consideration of this bill was postponed until to-morrow.
The bill sent from the House of Representatives for concurrence, entitled "An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the Post-Office," was read the first time, as follows:
An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the post office."
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That the act passed the first session
3 of Congress, entitled "An act for the temporary establishment of the post
4 office, be, and the same is hereby, continued in full force until the end of the
5 next session of Congress, and no longer.
1Sec. 2. And be it further enacted, That no law of any state shall operate to
2 impede or obstruct the stage carriages which shall be employed by virtue of this
3 act in conveying the mail of the United States, or to prevent passengers being
4 carried in such carriages, or to subject the owners or drivers of such carriages to
5 any penalty or tax on account of such employment.
1Sec. 3. And be it further enacted, That all letters to and from the Treasurer,
2 Comptroller, and Auditor of the Treasury, and the assistant of the Secretary of
3 the Treasury, on public service, shall be received and conveyed by the post free
4 of postage.
1791, March 1: Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
The Vice President signed the following enrolled bills, and they were delivered to the committee, to be laid before the President of the United States, for his approbation.
The bill, entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers;"
The bill, entitled "An act supplemental to the act establishing the Treasury Department, and for a further compensation to certain officers;" and,
The bill, entitled "An act to amend 'an Act for establishing the temporary and permanent seat of the government of the United States."
The bill, entitled "An act making an appropriation for the purpose therein mentioned," was read the third time.
Resolved, That this bill pass, that the title thereof be "An set making an appropriation for the purpose therein mentioned," that the bill be engrossed, and that the Secretary desire the concurrence of the House of Representatives therein.
The bill sent from the House of Representatives for concurrence, entitled "An act for making compensations to the commissioners of loans for extraordinary expenses," was read the second time.
Ordered, That this bill be committed to Messrs. Langdon, Schuyler, and Ellsworth, to consider and report thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
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Mr. President: The House of Representatives have passed the bill sent from the Senate for concurrence, entitled "An act concerning consuls and vice-consuls," with amendments, in which amendments they desire the concurrence of the Senate.
They have passed the bill, entitled "An act in addition to an acts entitled 'An act for establishing the salaries of the executive officers of government, with their assistants and clerks," in which they desire the concurrence of the Senate.
The President of the United States has notified the House of Representatives that he has this day approved and signed several acts which originated in that House; a list of which I am directed to bring to the Senate. And he withdrew.
The acts this day approved and signed by the President of the United States, are,
"An act giving effect to the laws of the United States within the state of Vermont;"
"An act to explain and amend an act, entitled 'An act making further provision for the payment of the debts of the United States;"
"An act supplementary to the act, entitled 'An act to incorporate the subscribers to the Bank of the United States;" and,
"And an act fixing the time for the next annual meeting of Congress."
The bill, entitled "An act in addition to an act, entitled 'An act for establishing, the salaries of the executive officers of government, with their assistants and clerks," was read the first time, as follows:
An act in addition to an act, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks."
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That, from and after the passing of
3 this act, there shall be allowed to the chief clerk of the Auditor the annual sum
4 of two hundred dollars, in addition to the salary allowed to him by the act, entitled
5 "An act establishing the salaries of the executive officers of government,
6 with their assistants and clerks;" to be paid at the Treasury of the United States,
7 in quarterly payments; and from like appropriations as may be assigned for the
8 payment of the other salaries mentioned in the above recited act."
1791, March 2: Passed the House of Representatives.
It was agreed, by unanimous consent, so far to dispense with the rule, as that this bill have the second reading at this time.
Ordered, That this bill pass to the third reading.
The amendments of the House of Representatives, proposed in their resolution of March 2d, on the bill sent from the Senate for concurrence, entitled "An act concerning consuls and vice consuls," was taken into consideration.
The bill, as it passed the Senate, is as followeth:
An act concerning consuls and vice consuls.
For carrying into full effect the convention between his Most Christian Majesty
2 and the United States of America, entered into for the purpose of defining and
3 establishing the functions and privileges of their respective consuls and vice
4 consuls:
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That where, in the seventh article
3 of the said convention, it is agreed that when there shall be no consul or vice consul
4 of the Most Christian King, to attend to the saving of the wreck of any French
5 vessel stranded on the coasts of the United States, or that the residence of the said
6 consul or vice consul (he not being at the place of the wreck) shall be more distant
7 from the said place than that of the competent judge of the country, the latter
8 shall immediately proceed to perform the office therein prescribed; the nearest
9 district judge of the United States shall proceed therein according to the tenor
10 of the said article. The district judges of the United States shall also, within
11 their respective districts, be the competent judges for the purposes expressed in
12 the ninth article of the said convention, and it shall be incumbent on them to give
13 aid to the consuls and vice consuls of his Most Christian Majesty, in arresting and
14 securing deserters from vessels of the French nation, according to the tenor of the
15 said article.
16 And where, by any article of the said convention, the consuls and vice consuls of
17 his Most Christian Majesty are entitled to the aid of the competent executive officers
18 of the country, in the execution of any precept, the marshals of the United
19 States, and their deputies, shall, within their respective districts, be the competent
20 officers, and shall give their aid according to the tenor of the stipulations.
21 And whenever commitments to the jails of the country shall become necessary,
22 in pursuance of any stipulation of the said convention, they shall be to such jails
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23 within the respective districts as other commitments under the authority of the
24 United States are by law made.
1Sec. 2. And, for the direction of the consuls and vice consuls of the United
2 States, in certain cases,
3 Be it enacted by the authority aforesaid, That they shall have right in the ports
4 or places to which they are or may be severally appointed, of receiving the protests
5 or declarations, and all other acts, which such captains, masters, crews, passengers,
6 and merchants, as are citizens of the United States, may respectively choose
7 to make there; and also their testaments and other disposals by last will: and the
8 copies of the said acts, duly authenticated by the said consuls or vice consuls, under
9 the seal of their consulates, respectively, shall be evidence in all courts of justice
10 of the United States. It shall be their duty, in case of the absence of the legal representative,
11 and where the laws of the country permit, to take possession of the
12 personal estate left by any citizen of the United States, who shall die within their
13 consulate; they shall inventory the same, with the assistance of two merchants of
14 the United States, or, for want of them, of any others at their choice; shall collect the
15 debts due to the deceased, in the country where he died, and pay the debts due
16 from his estate, which he shall have there contracted; shall sell such part of the
17 estate as shall be of a perishable nature, and such further part, if any, as shall
18 be necessary for the payment of his debts, and at the expiration of one year from his
19 decease, the residue; and the balance of the estate they shall transmit to the Treasury
20 of the United States, to be holden in trust for the legal claimants. But if, at any
21 time before such transmission, the legal representative of the deceased shall appear
22 and demand his effects in their hands, they shall deliver them up, being paid
23 their fees, and shall cease their proceedings.
24 For the information of the representative of the deceased, it shall be the duty
25 of the consul or vice consul, authorised to proceed as aforesaid in the settlement
26 of his estate, immediately to notify his death in nile of the gazettes published in
27 the consulate, and also to the Secretary of State, that the same may be notified in
28 the state to which the deceased shall belong; and he shall also, as soon as may be,
29 transmit to the Secretary of State an inventory of the effects of the deceased, taken
30 as before directed.
1Sec. 3. And be it further enacted, That the said consuls and vice consuls, in cases
2 where ships or vessels of the United States shall be stranded on the coasts of
3 their consulates, respectively, shall, as far as the laws of the country will permit,
4 take proper measures, as well for the purpose of saving the said ships or vessels,
5 their cargoes and appurtenances, as for storing and securing the effects and merchandize
6 saved, and for taking an inventory or inventories thereof; and the merchandize
7 and effects saved, with the inventory or inventories thereof, taken as aforesaid,
8 shall, after deducting therefrom the expense, be delivered to the owner or
9 owners: Provided that no consul or vice consul shall have authority to take possession
10 of any such goods, wares, merchandize, or other property, when the master,
11 owner, or consignee thereof, is present or capable of taking possession of the
12 same.
1Sec. 4. And be it further enacted, That it shall and may be lawful for every
2 consul and vice-consul of the United States to take and receive the following fees
3 of office, for the services which he shall have performed:
4 For authenticating, under the consular seal, every protest, declaration, letter of
5 attorney, last will and testament, deposition, or other act, which such captains,
6 masters, mariners, seamen, passengers, merchants, or others, as are citizens of
7 the United States, may respectively choose to make, the sum of two dollars.
8 For the taking into possession, inventorying, selling, and finally settling and
9 paying, or transmitting, as aforesaid, the balance due on the personal estate left
10 by any citizen of the United States, who shall die within the bruits of his consulate,
11 five per centum on the gross amount of such estate.
12 For taking into possession, and otherwise proceeding on, any such estate which
13 shall be delivered over to the legal representative before a final settlement of
14 the same, as is hereinbefore directed, two and a halfper centum on such part
15 delivered over as shall not be in money, and fiveper centum on the gross amount
16 of the residue.
17 And it shall be the duty of the consuls and vice consuls of the United States
18 to give receipts for all fees which they shall receive by virtue of this act, expressing
19 the particular services for which they are paid.
1Sec. 5. And be it further enacted, That, in case it be found necessary for the
2 interest of the United States, that a consul or consuls be appointed to reside on
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3 the coast of Barbary, the President be authorized to allow an annual salary, not
4 exceeding two thousand dollars, to each person so to be appointed: Provided
5 that such salary be not allowed to more than one consul for any one of the states 6 on the said coast.
1Sec. 6. And be it further enacted, That every consul and vice-consul shall,
2 before they enter on the execution of their trusts, or if already in the execution
3 of the same, within one year from the passing of this act, or if resident in Asia,
4 within two years, give bond, with such sureties as shall be approved by the Secretary
5 of State, in a sum not less than two thousand, nor more than ten thousand
6 dollars, conditioned for the true and faithful discharge of the duties of his office
7 according to law; and also for truly accounting for all moneys, goods, and effects,
8 which may come into his possession by virtue of this act, and the said bond shall
9 be lodged in the office of the Secretary of the Treasury.
1Sec. 7. And be it further enacted, That, to prevent the mariners and seamen,
2 employed in vessels belonging to citizens of the United States, in cases of shipwreck,
3 sickness, or captivity, from suffering in foreign ports, it shall be the duty
4 of the consuls and vice-consuls, respectively, from time to time, to provide for
5 them in the most reasonable manner, at the expense of the United States, subject
6 to such instructions as the Secretary of State shall give, and not exceeding
7 an allowance of twelve cents to a manper diem, and all masters and commanders
8 of vessels belonging to citizens of the United States, and bound to some port of
9 The same, are hereby required and enjoined to take such mariners or seamen on
10 board of their ships or vessels, at the request of the said consuls or vice-consuls,
11 respectively, and to transport them to the port in the United States to which such
12 ships or vessels may be bound, free of cost or charge; but that the said mariners
13 or seamen shall, if able, be burred to do duty on board such ships or vessels, according
14 to their several abilities: Provided, that no master or captain of any
15 ship or vessel shall be obliged to take a greater number than two men to every
16 one hundred tons burthen of said ship or vessel, on any one voyage: And if any
17 such captain or master shall refuse the same on the request or order of the consul
18 or vice-consul, such captain or master shall forfeit and pay the sum of thirty
19 dollars for each mariner or seaman so refused; to be recovered for the benefit
20 of the United States, by the said consul or vice-consul, in his own name, in any
21 court of competent jurisdiction.
1Sec. 8, And be it further enacted, That citizens of the United States appointed
2 to reside in foreign ports and places as consuls or vice-consuls of the United
3 States, shall be enabled to own any ships or vessels in their own names respectively,
4 or in partnership with any other citizen or citizens of the United States,
5 residing within the said states, and be entitled to all the privileges and advantages
6 in regard to such ships or vessels, as if such consuls or vice consuls, owning said
7 ships or vessels, actually resided within any port or place within the United
8 States; any law to the contrary notwithstanding.
1Sec. 9. And be it further enacted, That where a ship or vessel belonging to
2 citizens of the United States, is sold in a foreign port or place, the master, unless
3 the crew are liable by their contract, or do consent to be discharged there, shall
4 send them back to the state where they entered on board, or furnish them
5 with means sufficient for their return, to be ascertained by the consul or vice-consul
6 of the United States having jurisdiction of the port or place. And in case
7 of the master's refusal, the said consul or vice-consul may (if the laws of the land
8 permit it) cause his ship, goods, and person, to be arrested and held until he
9 shall comply with his duty herein.
1Sec. 10. And be it further enacted, That the specification of certain powers
2 and duties in this act, to be exercised or performed by the consuls and vice-consuls
3 of the United States, shall not be construed to the exclusion of others resulting
4 from the nature of their appointments, or any treaty or convention under
5 which they may act.
January 27, 1791: Passed the Senate.
The amendments of the House of Representatives are, strike out all the bill, except the first section; and amend the title, to read thus: "An act for carrying into effect the convention between his Most Christian Majesty and the United States, respecting consuls and vice consuls."
Resolved, That the Senate do not agree to the amendments of the House of Representatives, on the last mentioned bill.
Ordered, that the Secretary communicate this resolution to the House of Representatives.
A message from the House of Representatives, by Mr. Beckley, heir Clerk:
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Mr. President: The House of Representatives have passed the bill sent from the Senate for concurrence, entitled "An act making an appropriation for the purpose therein mentioned.' And he withdrew.
It was agreed, by unanimous consent, to dispense with the rule so far as that the bill sent from the House of Representatives for concurrence, entitled "An act to continue in force, for a limited time, an act, entitled 'An act for the temporary establishment of the post office," be now read the second time;
And it was agreed to expunge the second section of the said bill
Ordered, That this bill pass to the third reading.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed the bill sent from the Senate for concurrence, entitled 'An act for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio. and for confirming them in their possessions," with amendments, in which amendments they desire the concurrence of the Senate. And he withdrew.
The bill sent from the Senate to the House of Representatives for concurrence, is as follows:
An act for granting lands to the inhabitants and settlers at Vincennes, and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That four hundred acres of land be
3 given to each of those persons who, in the year one thousand seven hundred and
4 eighty-three, were heads of families at Vincennes, or in the Illinois country, on
5 the Mississippi, and who, since that time, have removed from one of the said places
6 to the other; and the governor of the territory northwest of the Ohio is here.
7 by directed to cause the same to be laid out for them, at their own expense, either
8 at Vincennes, or in the Illinois country as they shall severally elect.
1Sec. 2. And be it further enacted and declared, That the heads of families at
2 Vincennes, in the year one thousand seven hundred and eighty three, who afterwards
3 removed without the limits of the said territory, are notwithstanding entitled
4 to the donation of four hundred acres of land, made by the resolve of Congress
5 of the twenty-ninth of August, one thousand seven hundred and eighty
6 eight.
1Sec. 3. And be it further enacted, That one hundred and fifty acres of land,
2 heretofore in possession of the Piankeshaw Indians, and now under actual improvement,
3 and constituting a part of the village of Vincennes, be given to the
4 persons who are severally in possession of the said land.
1Sec. 4. And be it further enacted, That where lands have been actually improved
2 and cultivated at Vincennes, or in the Illinois country, under a supposed grant
3 of the same by any commandant or court claiming authority to make such grant,
4 the governor of the said territory be, and he hereby is, empowered to confirm to
5 the persons who made such improvements, their heirs or assigns, the lands supposed
6 posed to have been granted as aforesaid, or such parts thereof as he in his discretion
7 may judge reasonable, not exceeding to any one person four hundred acres.
1Sec. 5. And be it further enacted, That a tract of land, containing about five
2 thousand four hundred acres, which, for many years, has been fenced and used by
3 the inhabitants of Vincennes as a common, be, and the same is hereby, confirmed
4 to the said inhabitants, to be used as a common, until a division thereof in severalty
5 among the said inhabitants shall be directed by law.
1Sec. 6. And be it further enacted, That the governor of the said territory be
2 authorised to make a grant of land, not exceeding one hundred acres to each person,
3 who hath not obtained any donation of land from the United States, and who,
4 on the first day of August. one thousand seven hundred and ninety, was enrolled
5 in the militia at Vincennes, and has done militia duty; the said land to be laid out
6 at the expense of the grantees, and in such form and place as the said governor
7 shall direct.
January 11, 1791: Passed the Senate.
The amendments of the House of Representatives to the last mentioned bill are as follows:
Sec. 2. Line 2, after the word 'Vincennes,' add 'or in the Illinois country.'
Line 6th, after the word 'eight,' add 'and the governor of the said territory, upon application to him for that purpose, is hereby directed to cause the same to be laid out for such heads of families or their heirs, and shall also cause to be laid off and confirmed to such persons the several tracts of land which they may have possessed, and
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which, before the year one thousand seven hundred and eighty three, may have been allotted to them, according to the laws and usages of the government under which they had respectively settled: Provided, nevertheless, That if such persons, or their heirs, do not return and occupy the said lands within five years, such lands shall he considered as forfeited to the United States.'
Sec. 5. Line 3, after the word 'common,' insert 'also a tract of land including the villages of Chohos and Prairie du Pont, and heretofore used by the inhabitants of the said villages as a common.'
Same line, after the word 'same,' strike out to the end of the clause, and add 'are hereby appropriated to the use of the inhabitants of Vincennes and of the said villages, respectively, to be used by them as a common, until otherwise disposed of by law.'
Sec 6. Line 6, after the word 'Vincennes,' insert' or in the Illinois country;' and to the end of the same line add 'Provided, nevertheless, That no claim founded upon purchase or otherwise, shall be admitted within a tract of land heretofore occupied by the Kaskaskia nation of Indians, and including their village, which is hereby appropriated to the use of the said Indians.'
To the end of the bill, add,
Sec. 7. And be it further enacted, That two lots of land heretofore in the occupation of the priests at Cahokia, and situated near that village, be, and the same is hereby, granted in fee, to P. Gibault; and that a tract of land at Kaskaskia, formerly occupied by the Jesuits, be laid off and confirmed to St. Jame Beouvais, who claims the same in virtue of a purchase thereof.'
Sec. 8. And be it further enacted, That so much of the act of Congress of the twenty-eighth clay of August, one thousand seven hundred and eighty-eight, as refers to the locations of certain tracts of land, directed to be run out and reserved for donations to the ancient settlers in the Illinois country, be, and the same is hereby, repealed; and the governor of the said territory is directed to lay out the same agreeably to the act of Congress of the twentieth day of June, one thousand seven hundred and eighty-eight.'
Ordered, That these amendments be referred to the committee who were originally appointed to bring in the bill, to consider and report thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act to compensate George Gibson," in which they desire the concurrence of the Senate. And he withdrew.
The bill, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes," was read the second time.
Ordered, That this bill be committed to Messrs. Ellsworth, Henry, and King, to consider and report thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives insist on their amendments to the bill sent from the Senate for concurrence, entitled "An act concerning consuls and vice consuls."
They have passed the bill, entitled "An act making further provision for the collection of duties by law imposed on teas, and to prolong the term for the payment of the duties on wines," in which they desire the concurrence of the Senate." And he withdrew.
The Senate resumed the consideration of the report of the committee on the subject of the mint, which was agreed to:
Whereupon,
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That a mint shall be established, under such regulations as shall be directed by law.
Resolved, That the President of the United States be, and be is hereby, authorised to cause to be engaged such artists and workmen as shall be necessary to carry the preceding resolution into effect, and to stipulate the terms and conditions of their service, and also to cause to be procured such apparatus as shall be requisite for the same purpose.
Ordered, That the Secretary carry this resolution to the House of Representatives, and desire their concurrence.
Mr. Langdon, from the committee on the bill, entitled "An act for making compensations
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to the commissioners of loans for extraordinary expenses," reported the bill with an amendment;
And the report was agreed to.
Ordered, That this bill pass to the third reading.
The Senate took into consideration the resolution of the House of Representatives, insisting on their amendments to the bill, entitled "An act concerning consuls and vice consuls:"
Whereupon,
Resolved, That the Senate do adhere to their disagreement to the amendments of the House of Representatives on the said bill.
Ordered, that the Secretary acquaint the House of Representatives therewith:
The bill sent from the House of Representatives for concurrence, entitled "An act making further provision for the collection of the duties by law imposed on teas, and to prolong the term for the payment of the duties on wines," was read the first time, as follows:
An Act making further provision for the collection of the duties by law imposed on teas, and to prolong the term for the payment of the duties on wines.
1 Whereas it is conceived that the following regulations concerning teas may be
2 conductive both to the accommodation of the importers thereof, and to the security
3 of the revenue:
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That, in addition to the provisions
3 contained in the fortieth and forty first sections of the act, entitled "An act to
4 provide more effectually for the collection of the duties imposed by law on goods,
5 wares, and merchandise, imported into the United States and on the tonnage of
6 ships or vessels," as they regard the payment, or securing the payment, of the
7 duties on teas, it shall be lawful for every importer of teas, if he or she shall elect
8 so to do, to give his or her bond to the collector of the district in which any of
9 the said teas shall be landed, in double the amount of the duties thereupon, with
10 condition for the payment of the said duties in two years from the date of such
11 bond; which bond shall be accepted by such collector, without surety, upon the
12 terms following; that is to say: the teas, for the duties whereof the said bond shall
13 be accepted, shall be deposited at the expense and risk of the said importer, in
14 one or more store-house or store-houses, as the case may require, to be agreed
15 upon between the said importer and the inspector, or other officer of inspection
16 of the revenue, for the port where the said teas shall be landed; and upon every
17 such store-house the said inspector or officer of inspection shall cause to be affixed
18 two locks; the key of one of which locks shall be kept by such importer, his
19 or her agent, and the key of the other of which looks shall be kept by the said
20 inspector, or by such other person as he shall depute and appoint in that behalf,
21 whose duty it shall be to attend at all reasonable times, for the purpose of delivering
22 the said teas out of the said store-house or store-houses; but no delivery shall
23 be made of any of the said teas without a permit, in writing, under the hand of
24 the said inspector or officer of inspection. And, in order to the obtaining of such
25 permit, it shall be necessary that the duties upon the teas, for which the same shall
26 be required, be first paid, or, at the option of the party or parties applying for
27 the same, secured to be paid, in manner following; that is to say: the said party or 28
parties shall give bond, with one or more surety or sureties, to the satisfaction of
29 the said inspector, in double the amount of the duties upon the quantity of teas
30 in each case to be delivered, with condition for the payment of the said duties, if
31 the same shall not exceed one hundred dollars, in four months; or, if the same
32 shall exceed one hundred dollars, and shall not exceed five hundred dollars, in
33 eight months; or, if the same shall exceed five hundred dollars, in twelve months:
34 Provided, always, That the time to be allowed or the payment of the duties upon
35 any parcel of teas to be delivered, shall not be such as to extend the credit for
36 such duties beyond the term of two years originally allowed upon the depositing
37 of the said teas.
1Sec. 2. And be it further enacted, That, if the duties on any parcel of teas,
2 which shall have been deposited as aforesaid, shall not have been paid or secured
3 to be paid in manner last specified, within the term of two years, according to the
4 condition of the obligation to be given to the collector of the district within which
5 the same shall have been landed, it shall be the duty of the said collector to cause
6 so much of the said teas as may be necessary to be sold at public auction, and, retaining
7 the sum which shall have been so paid or secured of the said duties, together
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8 with the expenses of safe-keeping and sale of the said teas, shall return
9 the overplus, if any, to the owner or owners thereof, his, her, or their, agent or
10 lawful representative.
1Sec. 3. And be it further enacted, That the bonds which have been or shall
2 be directed to be given, by this or any other act, for moneys or duties to be paid
3 or performed to the United States, shall be taken in the name of the United States
4 of America, unless special direction shall have been given to take them in some
5 other name. And the bonds to be taken, as aforesaid, by any inspector of the
6 revenue, shall be delivered by him forthwith to the collector of the district within 7
which the teas, to which they may relate, shall have been landed, in order to 8
the collection of the moneys therein specified, And the permits which shall
9 have been granted by such inspector, for the delivery of any teas out of any store-house
10 wherein they shall have been deposited, shall be received by such collector
11 towards satisfying any bond which shall have been in the first instance, taken by the
12 said collector, touching the said teas; which permits shall therefore specify the
13 amount of the duties which shall have been paid or secured upon the teas to be
14 delivered in virtue thereof; and the name of the ship or vessel in which they shall
15 have been imported, and of the importer or importers thereof.
1Sec. 4. And be it further enacted, That all teas which, after the first day of
2 April next, shall be imported into the United States from any foreign port or
3 place, shall be landed under the care of the inspectors of the revenue for the
4 ports where the same shall be respectively landed; and, for that purpose, every
5 permit which shall be granted by any collector, for landing the same, shall, prior to
6 such landing, be produced to the said inspector, who, by an endorsement thereupon,
7 under his hand, shall signify the production thereof to him, and the time
8 when; after which, and not otherwise, it shall be lawful to land the teas mentioned
9 in such permit. And the said inspector shall make an entry of all such permits,
10 and of the contents thereof; and each chest, box, or package, containing any teas,
11 shall be marked, by the officer under whose immediate inspection the same shall
12 be landed, in legible and durable characters, with progressive numbers, and with
13 the name of the vessel in which the same shall have been imported. And the
14 said officer shall grant a certificate for each such chest, box, or package, specifying
15 therein the name or names of the importer or importers, the ship or vessel
16 in which the same shall have been imported, and the number thereof, to accompany
17 the same wheresoever it shall be sent.
1 And whereas, for the payment of the duties accruing on Madeira wines, and
2 which may be secured by bond, the term of twelve months is allowed, and it is
3 proper to extend, in like manner, the payment of the duties accruing on other
4 wines; Therefore,
1Sec. 5. Be it enacted, That, for the payment of the duties on other than Madeira
2 wines, and which shall be secured by bond, such bond shall be taken with
3 condition for the payment of the duties in twelve months, in like manner as by
4 law is directed for the payment of the duties on Madeira wines.
1791, March 2: Passed the House of Representatives.
It was agreed, by unanimous consent, that the rule should be so far dispensed with, as that this bill pass to the second reading at this time.
Ordered, That this bill be referred to Messrs. Morris, Langdon, and Schuyler, to consider and report thereon.
The bill sent from the House of Representatives for concurrence, entitled "An act to compensate George Gibson," was read the first time, as follows:
An act to compensate George Gibson.
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That there be allowed and paid to
3 George Gibson the sum of one thousand dollars, for extraordinary services by
4 him rendered to the United States during the year one thousand seven hundred
5 and seventy-six.
1791, March 2: Passed the House of Representatives.
Ordered, That this bill pass to the second reading.
The Senate adjourned to 10 o'clock to-morrow.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY, MARCH 3, 1791.
The Senate assembled: present as yesterday.
Mr. Foster reported, from the joint Committee on Enrolled Bills, that they had this
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day laid before the President of the United States, for his approbation, the enrolled bill entitled "An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers;"
An enrolled bill, entitled "An act to amend an act for establishing the temporary and permanent seat of the government of the United States;"
And an enrolled bill, entitled "An act supplemental to the act establishing the Treasury Department, and for a further compensation to certain officers."
He further reported, that the joint committee had examined the enrolled bill, entitled "An act making an appropriation for the purpose therein mentioned;" also, the enrolled bill, entitled "An act relative to the rix dollar of Denmark;" and that they were duly enrolled.
Mr. Morris, from the committee appointed to take into consideration the bill, entitled "An act making further provision for the collection of the duties by law imposed on teas, and to prolong the term for the payment of the duties on wines," reported the bill without amendment, and the bill was read the third time.
Resolved, That this bill pass.
Ordered, That the Secretary acquaint the House of Representatives of the concurrence of the Senate in this bill.
Mr. Strong reported from the committee appointed to consider the amendments of the House of Representatives to the bill sent by the Senate to that House for concurrence, entitled "An act for granting lands to the inhabitants and settlers at Vincennes, and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions."
Whereupon,
Resolved, That the Senate concur with the House of Representatives in the amendments, with an amendment to the amendment proposed in the sixth section, to wit: 'Insert the proviso at the end of the sixth section.'
Ordered, That the Secretary desire the concurrence of the House of Representatives herein.
The Senate proceeded in the third reading of the bill, sent from the House of Representatives for concurrence, entitled "An act for making compensations to the commissioners of loans for extraordinary expenses."
Resolved, That this bill pass, with an amendment:
Strike out these words, "excepting only the hire of one clerk for the several commissioners in the states of Massachusetts, New York, Pennsylvania, and Virginia."
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendment.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of the Vice President;
The House of Representatives adhere to their amendments on the bill, entitled "An act concerning consuls and vice consuls;"
They disagree to the amendment of the Senate on the bill, entitled "An act for making compensations to the commissioners of loans, for extraordinary expenses;"
They agree to the resolution sent from the Senate for concurrence, "requesting the President of the United States to cause a return to be made to Congress of the lands not claimed by the Indians," with an amendment, to wit: Line 3 strike out 'a return to be made to,' and insert 'an estimate to be laid before;' in which amendment they desire the concurrence of the Senate. And he withdrew.
The Senate took into consideration the last recited message from the House of Representatives. Whereupon,
Resolved, That they adhere to their amendment on the bill, entitled "An act for making compensations to the commissioners of loans for extraordinary expenses."
Resolved, That the Senate agree to the amendment of the House of Representatives on "the resolution requesting the President of the United States to cause an estimate to be laid before Congress of the lands not claimed by the Indians."
Ordered, That the Secretary acquaint the House of Representatives with these resolutions.
The Vice President affixed his signature to the bill, entitled "An act relative to the rix dollar of Denmark;" and to the bill, entitled "An act making an appropriation for the purpose therein mentioned," and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
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Mr. Foster reported, from the Committee on Enrolled Bills, that they did, this day, lay before the President of the United States, for his approbation, the bill, entitled "An act relative to the rix dollar of Denmark;" and the bill, entitled "An act making an appropriation for the purpose therein mentioned."
The Senate preceeded to the third reading of the bill, entitled "An act in addition to an act, entitled 'An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" and, the bill being amended,
On the question, shall this bill pass as amended? The yeas and nays were required by one-fifth of the Senators present:
Yeas.--Messrs. Butler, Carroll, Dickinson, Hawkins, Henry, Johnston, Izard, King, Langdon, Lee, Monroe, Morris, Read, and Schuyler.--14.
Nays.--Messrs. Bassett, Dalton, Ellsworth, Elmer, Foster, Johnson, Stanton, Strong, and Wingate.--9.
So it was
Resolved, That this bill pass, with the following amendments:
To the end of the bill add,
'And be it further enacted, That there be allowed to the clerks, employed in the several offices attached to the seat of government, in addition to their respective salaries, their reasonable and necessary expenses incurred by the removal of Congress from the city of New York to the city of Philadelphia.'
'And be it further enacted, That there be allowed to the assistant Secretary of the Treasury, in addition to his salary, for one year, commencing with the passing of this act, four hundred dollars, to be paid in the same manner as his salary.'
Ordered, That the Secretary carry this bill to the House of Representatives, and request their concurrence in the amendments.
The Senate proceeded to the second reading of the bill, entitled "An act to compensate George Gibson;" and,
Resolved, That this bill be postponed until the next session of Congress:
Mr. Ellsworth, from the committee appointed to take into consideration the bill, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes," reported the bill with amendments; and it was agreed to amend the bill accordingly.
Ordered, That this bill be now read the third time.
Resolved, That this bill pass, with the following amendments:
Sec. 1. Line 7, strike out from the word 'place,' to the word, 'at,' line 9th, and insert, 'of his abode to any court of the United States, on which his attendance shall be requisite.'
Lines 16 to 19, strike out from the word 'serving,' to the word 'to,' and insert, 'and returning a writ, five cents per mile for his necessary travel.'
Strike out from the word 'jurors,' in the 19th line, to the word 'to,' in the 23d line, and insert 'such compensations respectively as they would by law be entitled to for attending the courts of the state of which they are citizens.'
Strike out from the word 'thereof,' in the 24th line, to the word 'that,' in the 25th line, and insert 'each, fifty cents per day for attending in court, and for travelling five cents per mile, from their respective places of abode, to the place where the court is held, and the like allowance for returning.'
Ordered, That the Secretary desire the concurrence of the House of Representatives in these amendments.
The bill, entitled "An act to continue in force, for a limited time, the act, entitled "An act for the temporary establishment of the post-office," was read the third time.
On motion, it was agreed further to amend this bill.
Resolved, That this bill pass, with the following amendments:
Strike out the second section, and add, at the end of the bill,
'And be it further enacted, That the Postmaster General shall be, and he hereby is, authorized to extend the carrying of the mail from Albany, in the state of New York, to Bennington, in the state of Vermont.'
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendments to this bill.
Mr. Monroe, from the committee appointed the 31st of January, to take into consideration the extract of a letter from Governor Randolph, to the President of the United States, containing a copy of the resolution of the commonwealth of Virginia, relative to the bounty lands to the officers and soldiers of the Virginia line; and to
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whom was also referred the resolutions of the assembly of Virginia, upon the claims of sundry individuals, with the papers accompanying them, reported,
That, it, appears to your committee, that the provisions made by the act, entitled "An act to enable the officers and soldiers of the Virginia line, on continental establishment, to obtain titles to certain lands lying northwest of the river Ohio, between the Little Miami and Sciota," are, in the opinion of your committee, sufficiently extensive to enable the said officers and soldiers, or their legal representatives, to obtain patents for the bounty lands promised them by acts of the United States, and by the laws of the commonwealth of Virginia, and that further legislative interference seems unnecessary; and the report was agreed to.
Mr. Monroe also reported, from the same committee:
That the claims alluded to may be classed as follows:
That, upon each of these claims, the Legislature of the commonwealth of Virginia have passed a resolution, referring some "to the proper officer under the federal government having cognizance of such eases;" on others, it has only been "resolved that they were reasonable;" on others, "that they were reasonable, and that the Auditor of Public Accounts be directed to adjust their claims, and issue certificates therefor." These last have probably been transmitted by mistake.
That those in the first class are not entitled to depreciation by any act of the late Congress; that, if any pay is still due to them, that can only be adjusted at the proper office.
That the states having been authorized to settle the depreciation of such as were in service on the tenth of April, one thousand seven hundred and eighty, and who were engaged for three years or during the war, those claims ought to have been adjusted by the state; that an adjustment tot pay can only be had at the proper office.
The claim mentioned in the third class is totally unfounded.
That those in the fourth class can only be adjusted at the proper office.
That the claims of those in the fifth class are foreclosed by the act of the late Congress. That cases may, however, arise, in which an adherence to the foreclosing act would be improper. That, if the suggestion contained in the resolution, with respect to one of those, can be substantiated, legislative provision ought to be made on a proper application to Congress.
The claim in the sixth class can only be adjusted at the proper office.
The claims in the seventh class ought to have been adjusted by the state of Virginia, and might have been a proper charge in its account with the United States, but: cannot now be allowed by Congress.
That only thirteen of the thirty-seven claims are accompanied with any kind of vouchers, and these very deficient.
That it appears to your committee, if any person has a demand against the United States so circumstanced as that a legislative provision is requisite to obtain an adjustment, the claimant, his assignee, or legal representative, ought to prefer an immediate application to Congress. That a decision on a claim against the United States by the legislature of any state tends to create embarrassments, and ought not to be countenanced by Congress.
That, therefore, it would be proper to permit the resolution of the Legislature of Virginia, of the 28th December last, with the particular resolutions and claims accompanying it, to be withdrawn.
On motion that the papers reported on by the committee be withdrawn,
It passed in the negative.
And, on motion, it was agreed that the report of the committee bc accepted.
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A message from the President of the United States, by Mr. Lear, his Secretary:
Mr President: The President of the United States has this day approved and signed the following acts:
"An act to amend an act for establishing the temporary and permanent seat of the government of the United States;" and
"An act making an appropriation for the purpose therein mentioned." And he withdrew.
Ordered, That the Secretary acquaint the House of Representatives that the President of the United States has approved and signed the last mentioned bills.
Mr. Wingate reported from the committee appointed on the bill, entitled "An act for making compensation to the widows and orphan children of certain officers who were killed, or wire died in the service of the United States during the late war; and for the relief of certain invalids and other persons therein mentioned."
Whereupon,
Resolved, That the further consideration of this bill be postponed until the next session of Congress.
The Senate resumed the second reading of the bill, entitled "An act supplementary to the act making provision for the reduction of the public debt;" which was amended; and
It was agreed, by unanimous consent, that this bill be now read the third time.
Resolved, That this bill pass, with the following amendments:
In the preamble, line 2, expunge from the word 'of,' to the word 'an,' in the 3d line.
Line 4 expunge these words, 'or one of them.'
Ordered, That the Secretary desire the concurrence of the House of Representatives in the amendments.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives agree to the amendment of the Senate to their amendments on the bill, sent from the Senate for concurrence, entitled "An act for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions;"
They agree to the resolution, sent from the Senate for concurrence, respecting the establishment of a Mint, with an amendment, to wit:
Insert, line 4, after 'such' 'principal;'
Expunge, line 5, "and workmen."
The House of Representatives recede from their disagreement to the amendment of the Senate on the bill, sent from the House of Representatives for concurrence, entitled "An act for making compensations to the commissioners of loans for extraordinary expenses;"
They agree to the amendments of the Senate on the bill, sent from the House of Representatives for concurrence, entitled "An act to continue in force, for a limited time, an act, entitled, An act for the temporary establishment of the Post Office;"
They also agree to the amendments of the Senate on the bill, sent from the House of Representatives for concurrence, entitled" An act in addition to 'An act entitled an act for establishing the salaries of the executive officers of government, with their assistants and clerks;"
The President of the United States has notified the House of Representatives that he has this day approved and signed the following acts:
"An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers;"
"An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, and for appropriating the same;"
"An act supplemental to the act establishing the Treasury Department, and for a further compensation to certain officers;" and
"An act relative to the rix dollar of Denmark." And he withdrew.
The Senate proceeded to consider the amendments of the House of Representatives to the resolution, sent from the Senate for concurrence, relative to the establishment of a Mint; and
Resolved, That the Senate agree to the amendments on the said resolution.
Ordered, That the Secretary acquaint the House of Representatives therewith.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
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Mr. President: The House of Representatives agree to the amendments of the Senate on the bill, sent from the House of Representatives for concurrence, entitled "An act supplementary to the act making provision for the reduction of the public debt;"
They agree to some, and disagree to other, amendments of the Senate on the bill, sent from the House of Representatives for concurrence, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes." And he withdrew.
The Senate proceeded to consider their amendments disagreed to by the House of Representatives, on the bill last mentioned, which are;
Amendment the 3d, line 19 to 23.
Amendment the 4th, line 24 to 25.
Resolved, That the Senate recede from the amendments disagreed to by the House of Representatives on the bill last mentioned.
Ordered, That the Secretary deliver a message to the House of Representatives accordingly.
The Senate agreed, by unanimous consent, so far to dispense with the rule, as that the bill, entitled "An act to continue in force the act therein mentioned, and to make farther provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers," be now read the second time.
Ordered, That this bill be committed to Messrs. King, Ellsworth, and Read, to consider and report thereon.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have agreed shortly to adjourn to 6 o'clock this evening. And he withdrew.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had this day examined the enrolled bill, entitled "An act making compensation to the commissioners of loans for extraordinary expenses;" and the enrolled bill, entitled "An act, in addition to an act, entitled 'An act for establishing the salaries of the executive officers of government, with their assistants and clerks;" also, the enrolled "resolution respecting the establishment of a mint;" and the enrolled "resolution requesting the president of the United States to cause an estimate to be laid before Congress of the quantity and situation of lands not claimed by the Indians," and that they are duly enrolled.
Mr. King, from the committee appointed to take into consideration "the bill to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers," reported an amendment; which was adopted: whereupon,
It was agreed, by unanimous consent, so far to dispense with the rule, as that this bill be now read the third time.
Resolved, That this bill pass, with the following amendment:
At the end of the bill add: Provided, That nothing in the said act shall be construed to limit or restrain the power of the President of the United States to grant pardons for offences against the United States;
That the title of the bill be, "An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys; and public piers;" that it he engrossed, and that the Secretary desire the concurrence of the House of Representatives therein.
Ordered, That the motion, made the first instant, respecting a treaty with the Wahash and Miami Indiana, together with the motion for amendment, be postponed.
The Senate adjourned to 6 o'clock this evening.
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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Senate Journal --THURSDAY EVENING, MARCH 3, 1791.
The Senate assembled agreeably to adjournment: present as in the morning.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed "A resolve making a temporary provision for the safe-keeping of prisoners committed under the authority of the United States;" in which they desire the concurrence of the Senate.
The Speaker of the House of Representatives having signed several enrolled bills and resolves, I am directed to bring them to the Senate, for the signature of the Vice President: And he withdrew.
The Vice President affixed his signature to the following enrolled bills and resolves:
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The bill, entitled "An act for making compensations to the commissioners of loans for extraordinary expenses."
The bill, entitled "An act in addition to an act, entitled 'An act for establishing the salaries of the executive officers of government, with their assistants and clerks."
"The resolve requesting the President of the United States to cause an estimate to be laid before Congress of the lands not claimed by the Indians;" and
"The resolve providing for the establishment of a mint."
And they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
The Senate took into consideration "The resolve providing for the safe-keeping of prisoners committed under the authority of the United States," sent from the House of Representatives for concurrence; which is as follows:
1 Whereas Congress did, by a resolution of the twenty-third day of September,
2 one thousand seven hundred and eighty-nine, recommend to the several states to
3 pass laws making it expressly the duty of the keepers of their jails to receive,
4 and safe keep therein, all prisoners committed under the authority of the United
5 States: in order, therefore, to ensure the administration of justice,
1 Resolved, by the Senate and House of Representatives of the United States of
2 America in Congress assembled, That, in case any states shall not have complied
3 with the said recommendation, the marshal in such state, under the direction of
4 the judge of the district, be authorized to hire a convenient place to serve as a
5 temporary jail, and to make the necessary provision for the safe-keeping of prisoners
6 committed under the authority of the United States, until permanent provision
7 shall be made by law for that purpose; and the said marshal shall be allowed
8 his reasonable expenses incurred for the above purposes, to be paid out of
9 the Treasury of the United States.
And,Resolved, That the Senate concur therein.
Ordered, That the Secretary communicate this resolution of concurrence to the House of Representatives.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives have passed a bill, entitled "An act for carrying into effect the convention between his Most Christian Majesty and the United States;" in which they desire the concurrence of the Senate. And he withdrew.
The bill was read the first time, as follows:
An Act for carrying into full effect the Convention between his Most Christian Majesty and the United States of America.
1 For carrying into full effect the Convention between his Most Christian Majesty
2 and the United States of America, entered into for the purpose of defining and
3 establishing the functions and privileges of their respective consuls,
1Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That where, in the seventh article
3 of the said convention, it is agreed "that when there shall be no consul or
4 vice consul of the Most Christian King to attend to the saying of the wreck of
5 any French vessels stranded on the coasts of the United States, or that the residence
6 of the said consul or vice consul (he not being at the place of the wreck)
7 shall be more distant from the said place than that of the competent judge of the
8 country, the latter shall immediately proceed to perform the office therein prescribed,"
9 the nearest district judge of the United States shall proceed therein
10 according to the tenor of the said article. The district judges of the United
11 States shall also, within their respective districts, be the competent judges for
12 the purposes expressed in the ninth article of the said convention; and it shall be
13 incumbent on them to give aid to the consuls and vice consuls of his Most Christian
14 Majesty, in arresting and securing deserters from the French nation, according
15 to the tenor of the said article. And where, by any article of the said convention,
16 the consuls and vice consuls of his Most Christian Majesty are entitled
17 to the aid of the competent executive officers of the country, in the execution of
18 any precept, the marshals of the United States, and their deputies, shall, within
19 their respective districts, be the competent officers, and shall give their aid according
20 to the tenor of the stipulations; and whenever commitments to the jails
21 of the country shall become necessary, in pursuance of any stipulation of the said
22 convention, they shall be to such jails within the respective districts as other
23 commitments under the authority of the United States are by law made.
March 3d, 1791: Passed the House of Representatives.
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On the question, Shall this bill pass to the second reading at this time? The yeas and nays were required by one fifth of the Senators present:
Yeas.--Messrs. Carroll, Dalton, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Monroe, Stanton, and Strong.--13.
Nays.--Messrs. Bassett, Ellsworth, Johnson, King, Morris, and Schuyler --6.
It passed in the negative; the rule rendering it necessary, that there should be unanimous consent for reading a bill the second time, on the same day.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The House of Representatives concur in the bill sent from the Senate, entitled "An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers." And he withdrew.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had examined the following bills, and that they were duly enrolled:
The bill, entitled "An act to continue in force, for a limited time, an act, entitled 'An act for the temporary establishment of the post-office;" the bill, entitled "An act supplementary to the act making provision for the reduction of the public debt;" the bill, entitled "An act for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions;" and the bill, entitled 'An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes."
Mr. Foster further reported, that the committee had laid before the President of the United States, on this day, for his approbation, the bill, entitled "An act for making compensations to the commissioners of loans, for extraordinary expenses;" the bill, entitled "An act in addition to an act for establishing the salaries of the executive officers of government, with their assistants and clerks;" "the resolve requesting the President of the United States to cause an estimate to be laid before Congress of the lands claimed by the Indians;" and "the resolve for establishing the Mint."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate, for the signature of the Vice President.
The House of Representatives have passed a bill, entitled "An act for the relief of David Cook," in which they desire the concurrence of the Senate. And he withdrew.
The Vice President affixed his signature to the following enrolled bills: the bill, entitled "An act for granting lands to the inhabitants and settlers at Vincennes, and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions;" the bill, entitled "An act supplementary to the act making provision for the reduction of the public debt;" the bill, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes;" and the bill, entitled "An act to continue in force, for a limited time, an act, entitled 'An act for the temporary establishment of the post-office," and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States, for his approbation.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had this day laid the four last mentioned enrolled bills before the President of the United States.
Mr. Foster also reported, that they had examined and found duly enrolled the following bills: the bill, entitled "An act making further provision for the collection of the duties by law imposed on teas, and to prolong the time for the payment of the duties on wines;" and the bill, entitled "An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers."
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate, for the signature of the Vice President. And he withdrew.
The Vice President affixed his signature to the bill, entitled "An act making further provision for the collection of the duties by law imposed on teas, and to prolong the time for the payment of the duties on wines;" and the bill, entitled "An act to continue in force the act therein mentioned, and to major further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers;" and they were delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
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A message from the President of the United States, by Mr. Lear, his Secretary:
Mr. President: The President of the United States has this day approved and signed "the resolve for establishing the mint;" and "the resolve requesting the President of the United States to cause an estimate to be laid before Congress of the lands not claimed by the Indians." And he withdrew.
Ordered, That the Secretary communicate the purport of this message to the House of Representatives.
The bill, entitled "An act for the relief of David Cook," was read the first time, as follows:
An act for the relief of David Cook.
1 Sec. 1. Be it enacted by the Senate and House of Representatives of the United
2 States of America in Congress assembled, That David Cook, a captain of artillery
3 in the late war, and who, being shot through the body at the battle of Monmouth,
4 is rendered incapable to obtain his livelihood by labor, shall be placed on the pension
5 list of the United States, and shall be entitled to one third of his monthly pay
6 as a captain of artillery: Provided, That he return into the Treasury Office two-thirds
7 of his commutation of half pay, being the proportion of his pension to the
8 amount of his commutation.
1791, March 3: Passed the House of Representatives.
And, on the question, Shall this bill be read the second time?
It passed in the negative.
Mr. Foster, from the Committee on Enrolled Bills, reported, that they had this day laid before the President of the United States, for his approbation, the following enrolled bills: The bill, entitled "An act making further provision for the collection of the duties by law imposed on teas, and to prolong the time for the payment of the duties on wines;" and the bill, entitled "An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers."
Mr. Foster further reported, from the Committee on Enrolled Bills, that they had examined "the resolve making a temporary provision for the safe-keeping of prisoners committed under the authority of the United States," and that it was duly enrolled.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
Mr. President: The Speaker of the House of Representatives having signed an enrolled resolve, I am directed to bring it to the Senate for the signature of the Vice President.
The President of the United States has notified the House of Representatives that he has this day approved and signed several acts which originated in that House; a list of which I am directed to bring to the Senate. And he withdrew.
The acts referred to in the message, and this day approved and signed by the President of the United States, are,
"An act for making compensations to the commissioners of loans for extraordinary expenses;" and,
An act, in addition to an act, entitled "An act for establishing the salaries of the executive officers of government, with their assistants and clerks."
The Vice President signed the enrolled "resolve making a temporary provision for the safe-keeping of prisoners committed under the authority of the United States;" and it was delivered to the Committee on Enrolled Bills, to be laid before the President of the United States for his approbation.
Mr. Foster reported, from the Committee on Enrolled Bills, that they had this day laid the last mentioned resolve before the President of the United States.
A message from the President of the United States, by Mr. Lear, his Secretary:
Mr. President: The President of the United States has this day approved and signed the following acts which originated in the Senate: "An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers;" and "An act for granting lands to the inhabitants and settlers at Vincennes, and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions." And he withdrew.
Ordered, That the Secretary acquaint the House of Representatives that the President of the United States has this day approved and signed the acts last mentioned.
A message from the House of Representatives, by Mr. Beckley, their Clerk:
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Mr. President: The President of the United States has notified the House of Representatives that he has this day approved and signed several acts which originated in that House.
I am directed to acquaint the Senate that the House of Representatives, having completed the business before them, intend shortly to adjourn without day. And he withdrew.
The acts referred to in the last message, and this day approved. and signed by the President of the United States, are,
"An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes."
"An act making further provision for the collection of the duties by law imposed on teas, and to prolong the time for the payment of the duties on wines."
"An act to continue in force, for a limited time, an act, entitled "An act for the temporary establishment of the post-office."
"An act supplementary to the act making provision for the reduction of the public debt;" and,
"A resolve, making a temporary provision for the safe keeping of prisoners committed under the authority of the United States."
Ordered, That the Secretary acquaint the House of Representatives that the Senate, having completed the legislative business before them, are about to adjourn; and having acquainted the Vice President that he had delivered the message,
The Senate adjourned without day,
Attest, SAMUEL A. OTIS,Secretary.
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