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MAY, 1796.]

Proceedings.

Mr. RUTHERFORD, from the committee to whom was referred the bill, entitled " An act laying duties on carriages for the conveyance of persons, and repealing the former act for that purpose,' reported amendments; which were in part adopt-after the words, ed; and the bill was amended accordingly.

Ordered, That this bill pass to the third reading. Mr. KING, from the committee instructed for that purpose, reported a bill laying out into one State the territory ceded by the State of North Carolina to the United States, and providing for an enumeration of the inhabitants thereof; which bill was read, and ordered to a second reading. Mr. CABOT, from the committee to whom was referred the bill to regulate the Mint of the United States, and to punish frauds by counterfeiting the coins thereof, or otherwise, reported a new bill; which was read and ordered to a second reading.

[SENATE.

On motion, to strike out, from section 1st, line 26th, these words: "And upon every other two wheel carriage ;" it passed in the negative. On motion, to insert in section Ist, line 28th, two dollars," the following words: "for and upon every other two wheel carriage, the yearly sum of one dollar and a half:" it passed in the negative.

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On motion, it was agreed to amend the first section, line 14th, by inserting, after the words "top carriage," the following words: "and upon every two wheel carriage hanging or resting upon steel or iron springs; and, also, to insert in the same section, line 15th, after the word "carriage," in the first place, the following words, "the yearly sum of two dollars."

Resolved, That this bill pass with the amendments.

Mr. TATTNALL, from the committee to whom was referred the bill, entitled "An act for the relief of Moses Myers," reported that the bill pass without amendment.

Ordered, That the consideration of the report

A message from the House of Representatives informed the Senate that the House have passed a resolution that the PRESIDENT of the Senate and SPEAKER of the House of Representatives be authorized to close the present session, by adjourn-be postponed. ing their respective Houses on Wednesday, the 25th instant; also, a bill, entitled "An act in addition to an act, entitled 'An act to establish the Post Office and Post Roads within the United States;" in which bill and resolution they desire the concurrence of the Senate.

The resolution last brought from the House of Representatives for concurrence, was read, and ordered to lie for consideration.

The bill last brought from the House of Representatives for concurrence, was read twice, and its consideration postponed to the next session of Congress.

The Senate resumed the third reading of the bill sent from the House of Representatives for concurrence, entitled "An act in addition to an act, entitled 'An act supplementary to the act, entitled An act to provide more effectually for the collection of the duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels."

On motion, it was agreed to insert the following words after "vessels," in section four, line four, "and, also, all provisions by law relative to exports and drawbacks."

On motion to add the following to the end of the fourth section:

Mr. GUNN, from the committee to whom was recommitted the amendments to the bill, entitled "An act to ascertain and fix the Military Establishment of the United States," reported further amendments, which were adopted, and the bill was amended accordingly.

Ordered, That this bill pass to the third reading as amended; and that the amendments be printed for the use of the Senate.

A message from the House of Representatives informed the Senate that the House had passed the bill, sent from the Senate for concurrence, entitled "An act for the relief of persons imprisoned for debt," with amendments; in which they desire the concurrence of the Senate. Also, that the House had passed a bill, entitled "An act making further provision for the expenses attending the intercourse of the United States with foreign nations, and to continue in force the act, entitled 'An act providing the means of intercourse between the United States and foreign nations;" also, a bill, entitled "An act directing certain experiments to be made to ascertain uniform standards of Weights and Measures for the United States," in which bills they desire the concurrence of the Senate.

The bills last brought from the House of Repre"Provided always, That spirits distilled from domes-sentatives for concurrence were read, and ordered tic materials, exported by way of the Mississippi, shall to a second reading. be entitled to a drawback, although exported in vessels of less than thirty tons burden :"

It passed in the negative.

Resolved, That this bill pass as amended.

TUESDAY, May 19.

The bill sent from the House of Representatatives for concurrence, entitled "An act laying duties on carriages for the conveyance of persons, and repealing the former act for that purpose," was read the third time.

FRIDAY, May 20.

The bill, sent from the House of Representatives for concurrence, entitled "An act altering the compensation of the Accountant of the War Department," was read the third time, and passed.

Mr. GUNN, from the committee to whom was referred the bill, entitled "An act making an additional allowance to certain public officers for the year one thousand seven hundred and ninetysix," reported, that the further consideration there

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of be postponed until the next session of Congress.

Ordered, That the consideration of the report be postponed until to-morrow.

The Senate resumed the consideration of the report of the committee to whom was referred the bill, entitled "An act for the relief of Moses Myers," and the report was not adopted.

[MAY, 1796.

Resolved, That the Senate agree to the first, and disagree to all the other amendments to the said bill.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act concerning the post_road from Portland, in Maine, to Savannah, in Georgia;" in which they desire the concurrence of the Senate. They disagree to the first, and agree to entitled "An act altering the compensation of the other amendment of the Senate to the bill, the Accountant of the War Department.

The bill last brought from the House of Rep

On motion to agree to the bill, as follows: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Collector of the Customs for the port of Norfolk and Portsmouth be, and he is hereby, authorized to have ascertained the rate of damage sus-resentatives for concurrence was read twice, and tained by Moses Myers, on the goods contained in the twenty-three bales, cases, and trunks, of merchandise, unladen from on board the French ship-of-war, the Jean Bart, and which were damaged by the oversetting of the schooner Quantico; and remit to the said Moses Myers the duties, in proportion to the damage sustained on the goods damaged as aforesaid:"

It passed in the negative-yeas 10, nays 11, as follows:

YEAS. Messrs. Bloodworth, Brown, Butler, Foster, Henry, Langdon, Martin, Strong, Tattnall, and Taze

well.

NAYS.-Messrs. Bradford, Burr, Gunn, King, Latimer, Livermore, Potts, Read, Ross, Rutherfurd, and Trumbull.

On the question that the bill pass to the third reading, it passed in the negative.

referred to Messrs. POTTS, GUNN, and STRONG, to consider and report thereon to the Senate.

The Senate proceeded to consider the resolution of the House of Representatives, disagreeing to their first amendment to the bill, entitled "An act altering the compensation of the Accountant of the War Department;" and,

Resolved, That they do recede from their said first amendment.

The bill respecting the Mint was read the second and third times, and passed.

The bill, sent from the House of Representatives for concurrence, entitled "An act to ascertain and fix the Military Establishment of the United States," was read the third time, and passed. tives for concurrence, entitled "An act directing The bill, sent from the House of Representaform standards of Weights and Measures for the certain experiments to be made to ascertain uniThe Senate proceeded to consider the amend-referred to Messrs. Rutherfurd, TazEWELL, and United States," was read the second time, and ments of the House of Representatives to the MARTIN, to consider and report thereon to the bill, entitled "An act for the relief of persons imprisoned for debt," and on motion, it was agreed to concur in the first of the proposed amend

So it was, Resolved, That the Senate do not concur in this bill.

ments.

On the question to agree to the following amendment, to wit: strike out the second and third sections, and insert the following:

"And be it further enacted, That persons imprisoned for debt, under process from the Courts of the United States, shall have the same benefit of the laws of their respective States, for the relief of persons imprisoned for debt, and the same right of discharge from confinement, which they would have if imprisoned under process of their respective States: And that the Judges of the District Courts in the States, respectively, shall be, and are hereby, authorized to commission such persons as they may think proper, and give them the powers necessary for executing the provisions of the said laws of their respective States: Provided, That nothing herein contained shall prevent the suing out process against the estate of a debtor, at any time after his discharge; any thing in the laws of the respective States to the contrary notwithstanding:"

Senate.

ceded by the State of North Carolina to the The bill, laying out into one State the territory of the inhabitants thereof, was read the second United States, and providing for an enumeration

time.

Ordered, That the consideration of this bill be the order of the day for to-morrow.

Mr. BURR, from the committee to whom was referred the Report of the Attorney General, of the 28th of April last, respecting the lands situated in the Southwestern parts of the United States, together with the papers therein referred to, reported, as follows:

"Whereas, from documents laid before Congress, pursuant to a resolution of the third day of March, one thousand seven hundred and ninety-five, questions appear to arise as to a claim of the United States, as well of property as jurisdiction, of certain lands within the bounds following, to wit: north by the cession of South Carolina, west by the Mississippi, south by the thirtyfirst degree of latitude, and east by the river Chatahouchee and a line from the head thereof due north to the South Carolina cession; the jurisdiction of which territory is also claimed by the State of Georgia, and the property thereof, or of certain parts thereof, as well by the State of Georgia, as by certain individuals claiming NAYS. Messrs. Bingham, Bradford, Foster, Gunn, under the said State; and whereas it is highly expeHenry, Latimer, Livermore, Potts, Read, Ross, Ruther-dient that the rights of the parties, as well to property furd, Strong, Tattnall, and Trumbull.

It passed in the negative-yeas 7, nays 14, as follows:

YEAS.-Messrs. Bloodworth, Brown, Burr, Marshall, Martin, Robinson, and Tazewell.

as to jurisdiction, should be ascertained and declared,

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and that the minds of those claiming or holding should be quieted, and that provision should be made for the temporary Government of the inhabitants of the territory aforesaid; it is therefore

Resolved, That the President of the United States be authorized to treat and conclude (subject to the ratification or dissent of Congress) with the State of Georgia, for the cession of the claim of said State to jurisdiction in and over the said territory, and to adopt such measures as to him shall seem expedient (subject to the future approbation of Congress) for ascertaining, declaring, confirming, by an agreement to be entered into between the parties aforesaid, their respective claims to the territory aforesaid.

Secondly. That, as soon as the ratifications of the Treaty lately concluded with His Catholic Majesty shall be exchanged, the President of the United States be authorized to establish a temporary Government in and over the inhabitants of all that tract of country lying within the territory aforesaid, and bounded as follows, to wit: west by the Mississippi, north by a line to be drawn due east from the mouth of the Yazoo to the Chatahouchee, east by the Chatahouchee, and south by the thirty-first degree of latitude, conformably with the ordinance of Congress of the thirteenth day of July, one thousand seven hundred and eighty-seven; such temporary Government to continue until the end of the next session of Congress, without prejudice to the right of any State or individual whatsoever."

Ordered, That the report be printed for the use of the Senate.

SATURDAY, May 21.

The bill, sent from the House of Representatives for concurrence, entitled "An act making further provision for the expenses attending the intercourse of the United States with foreign nations; and to continue in force the act, entitled 'An act providing the means of intercourse between the United States and foreign nations,'" was read the second time, and referred to Messrs. Bingham, TazewELL, and STRONG, to consider and report thereon to the Senate.

On motion, to take into consideration the resolution of the House of Representatives, to adjourn on the 25th instant; it was agreed that it should be postponed.

The Senate resumed the second reading of the bill, laying out into one State the territory ceded by the State of North Carolina to the United States, and providing for an enumeration of the

inhabitants thereof.

A letter, signed William Cocke, purporting that he is appointed a Senator for the State of Tennessee, and claiming a seat in the Senate, was presented and read.

Ordered, That it lie on the table.

MONDAY, May 23.

Mr. BRADFORD, from the committee to whom was referred the bill, entitled "An act altering the sessions of the Circuit Courts in the Districts of Vermont and Rhode Island, and for other purposes," reported amendments, which were read.

Mr. BURR, from the managers at the conference on the part of the Senate, on the disagreeing

[SENATE.

votes of the two Houses, on the bill, entitled "An act for the relief and protection of American seamen," reported certain modifications to the bill, as agreed to by the joint committee of conference.

A message from the House of Representatives informed the Senate that the House have passed the bill sent from the Senate for concurrence, entitled "An act to regulate the compensation of clerks;" with an amendment, in which they desire the amendments of the Senate to the bill, entitled concurrence of the Senate. They agree to the "An act laying duties on carriages for the conveyance of persons, and repealing the former act for that purpose;" with an amendment to the seventh amendment, in which they desire the concurrence of the Senate. They agree to the report of the joint committee of conference, respecting the amendments proposed by the Senate to the bill, entitled "An act for the relief and protection of American seamen." They insist on their amendments, disagreed to by the Senate, to the bill, entitled "An act for the relief of persons imprisoned for debt;" ask a conference thereon, and have appointed managers at the same on their part. They agree to some, and disagree to other, amendments of the Senate to the bill, entitled "An act to ascertain and fix the Military Establishment of the United States." They have passed a bill, entitled "An act to suspend, in part, the act, entitled 'An act to alter and amend the act, entitled An act laying certain duties upon snuff and refined sugar," and a bill entitled "An act limiting the time for the allowance of drawback on the exportation of domestic distilled spirits, and allowing a drawback upon such spirits exported in vessels of less than thirty tons, by the Mississippi;" in which bills they desire the concurrence of the Senate.

The Senate took into consideration the resolu

tion of the House of Representatives adopting the report of the joint committee of conference, on the bill, entitled "An act for the relief and protection of American seamen ;" and,

Resolved, That the consideration thereof be postponed until to-morrow.

The Senate took into consideration the resolu

tion of the House of Representatives, insisting on their amendments, disagreed to by the Senate, to the bill, entitled "An act for the relief of persons imprisoned for debt;" and asking a conference thereon.

Resolved, That they do agree to the proposed be managers at the same on the part of the Seconference, and that Messrs. STRONG and POTTS

nate.

The bills last brought from the House of Representatives for concurrence were severally read. and ordered to a second reading.

The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act to regulate the compensation of clerks ;" and,

Resolved, That they do disagree thereto.

The Senate proceeded to consider the amendment of the House of Representatives to their

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The Senate proceeded to consider the amendments disagreed to by the House of Representatives to the bill, entitled "An act to ascertain and fix the Military Establishment of the United State's ;" and,

Resolved, That the Senate insist on their amendments disagreed to.

The Senate proceeded to consider the report of the committee to whom was referred the bill, entitled "An act making an additional allowance to certain public officers for the year one thousand seven hundred and ninety-six;" which was adopted, and the bill was accordingly postponed to the next session of Congress.

[MAY, 1796.

NAYS. Messrs. Bingham, Bradford, Gunn, Latimer, Livermore, Marshall, Read, Ross, Rutherfurd, Strong, and Trumbull.

After debate, the further consideration of the bill last mentioned was postponed until to-mor

row.

A letter from RUFUS KING was read, stating that he had accepted the appointment of Minister Plenipotentiary at the Court of London, and resigning his seat in the Senate.

Mr. POTTS, from the committee to whom was referred the bill, entitled "An act concerning the post road from Portland. in Maine, to Savannah, in Georgia," reported that the bill pass without amendment.

TUESDAY, May 24.

The Senate considered the report of the committee to whom was referred the bill, entitled "An act concerning the post road from Portland, in Maine, to Savannah, in Georgia ;" and the report was not agreed to.

A message from the House of Representatives informed the Senate that the House insist on their amendment to the bill, entitled "An act to regulate the compensation of clerks." They insist on their disagreement to the amendments of On motion that this bill pass to the third readthe Senate to the bill, entitled "An act to ascer-ing, it was determined in the negative. So the tain and fix the Military Establishment of the bill was rejected. United States," ask a conference thereon, and have appointed managers at the same on their part. They agree to the first, and disagree to all the other amendments of the Senate to the bill, entitled "An act in addition to an act, entitled ' Anact | supplementary to the act, entitled' An act to provide more effectually for the collection of the duties on goods, wares, and merchandise imported into the United States, and on the tonnage of ships or vessels." They have passed the bill, sent from the Senate for concurrence, entitled "An act respecting the Mint," with an amendment; in which they desire the concurrence of the Senate.

The Senate resumed the consideration, in paragraphs, of the bill laying out into one State the territory ceded by the State of North Carolina to the United States, and providing for an enumeration of the inhabitants thereof.

A letter, signed William Blount and William Cocke, was read, stating that they have been duly and legally elected Senators to represent the State of Tennessee in the Senate.

On motion,

“That Mr. Blount and Mr. Cocke, who claim to be Senators of the United States, be received as spectators, and that chairs be provided for that purpose until the final decision of the Senate shall be given on the bill proposing to admit the Southwestern Territory into the Union :"

A motion was made to refer the consideration thereof to a committee; and it passed in the negative.

On motion to agree to the original motion, it passed in the affirmative-yeas 12, nays 11, as follows:

YEAS. Messrs. Bloodworth, Brown, Burr, Butler, Foster, Henry, Langdon, Martin, Potts, Robinson., Tattnall, and Tazewell.

The bill sent from the House of Representatives, entitled "An act to suspend, in part, the act, entitled 'An act to alter and amend the act, entitled 'An act laying certain duties upon snuff and refined sugar," was read a second time, and referred to Messrs. BINGHAM, STRONG, and HENRY, to consider and report thereon to the Senate.

The bill, sent from the House of Representatives for concurrence, entitled "An act limiting the time for the allowance of drawback on the exportation of domestic distilled spirits, and allowing a drawback upon such spirits, exported in vessels of less than thirty tons, by the Mississippi," was read the second time, and referred to the committee last mentioned, to consider and report thereon to the Senate.

Mr. STRONG reported, from the managers at the conference on the bill, entitled "An act for the relief of persons imprisoned for debt," that they had agreed to sundry amendments.

Mr. RUTHERFURD, from the committee to whom was referred the bill, sent from the House of Representatives for concurrence, entitled "An act relative to quarantine," reported, that the bill be amended, by inserting after the word "that,” “ til general regulations relative to quarantine are made by law." And, on the question to agree to the report, it was determined in the negative.

un

Ordered, That the bill pass to the third reading. The Senate proceeded to consider the report of the managers at the conference on the disagreeing votes of the two Houses, on the bill, entitled "An act for the relief and protection of American sea

men."

On motion, to postpone the further consideration of this bill to the next session of Congress, it passed in the negative.

On motion, to modify the report of the conferees, so as that the surveyor, instead of the collect

MAY, 1796.]

Proceeding s.

[SENATE.

or, be the certifying officer, it was ruled not to between the United States and foreign nations," rein order. Whereupon,

Resolved, That the Senate agree to the report of the joint committee of conference on the said bill, and that the bill be amended accordingly.

The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act respecting the Mint."

ported that the bill pass without amendment; and the report being read, was adopted.

Ordered, That this bill pass to the third reading. On motion, by Mr. BURR,

Ordered, That the PRESIDENT be requested to notify the Executive of the State of New York that RUFUS KING hath accepted the appointment of Minister Plenipotentiary from the United States to the Court of London, and that his seat in the Senate is vacated.

Resolved, That they do concur therein. The Senate proceeded to consider the resolution of the House of Representatives, insisting on their amendment to the bill, entitled "An act to The Senate proceeded to consider the report of regulate the compensation of clerks ;" and, the joint committee of conference on the bill, enResolved, That they insist on their disagree-titled "An act for the relief of persons imprisoned ment to the said amendment.

The Senate considered the resolution of the House of Representatives disagreeing to sundry amendments of the Senate to the bill, entitled "An act in addition to an act, entitled 'An act supplementary to the act, entitled 'An act to provide more effectually for the collection of the duties on goods, wares, and merchandise imported into the United States, and on the tonnage of ships and vessels ;" and,

Resolved, That they do recede from their said

amendments.

The Senate considered the resolution of the House of Representatives, insisting on their disagreement to the amendments to the bill, entitled An act to ascertain and fix the Military Establishment of the United States," and asking a conference thereon; and,

Resolved, That they do agree to the proposed conference, and that Messrs. GUNN and Ross be managers at the same on the part of the Senate.

The Senate considered the report of the committee to whom was referred the bill, entitled "An act altering the sessions of the Circuit Courts in the Districts of Vermont and Rhode Island, and for other purposes," which was adopted; and the bill was amended accordingly.

Ordered, That this bill pass to the third reading. The Senate resumed the consideration of the bill laying out into one State the territory ceded by the State of North Carolina to the United States, and providing for the enumeration of the inhabitants thereof; and, after debate, the further consideration thereof was postponed until to-mor

row.

WEDNESDAY, May 25.

The bill, sent from the House of Representatives for concurrence, entitled "An act relative to quarantine," was read the third time, and passed. The bill, sent from the House of Representatives for concurrence, entitled "An act altering the sessions of the Circuit Courts in the Districts of Vermont and Rhode Island, and for other purposes," was read the third time, and passed.

Mr. BINGHAM, from the committee to whom was referred the bill, entitled "An act making further provision for the expenses attending the intercourse of the United States with foreign nations, and to continue in force the act, entitled An act providing the means of intercourse be4th CON.-5.

for debt:" whereupon,

Resolved, That they concur in the amendments to the bill accordingly.

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

of the House of Representatives:

The measures now in operation for taking possession

of the posts of Detroit and Michilimackinac, render it proper that provision should be made for extending to these places, and any others alike circumstanced, the civil authority of the Northwestern Territory. To do this will require an expense, to defray which the ordinary salaries of the Governor and Secretary of that Territory appear to be incompetent.

The forming of a new county or new counties, and the appointment of the various officers, which the just exercise of Government must require, will oblige the Governor and Secretary to visit those places, and to spend considerable time in making the arrangements necessary for introducing and establishing the Government of the United States. Congress will consider what provision will in this case be proper. G. WASHINGTON.

UNITED STATES, May, 1796. The Message was read, and ordered to lie for consideration.

The Senate resumed the second reading of the bill laying out into one State the territory ceded by the State of North Carolina to the United States; and providing for the enumeration of the inhabitants thereof.

On motion to strike out, from the word "inhabitants," section 1st, line 33d, to the end of the bill, and insert as follows:

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And whereas satisfactory evidence has been receiv ed that the said State did, on the 11th January, 1796contain a greater number of free inhabitants than 60,000,

and the people thereof did then proceed to form a permanent Constitution and State Government, which in all respects accord with the Articles of the Compact between the United States and the said inhabitants : shall be, and the same is hereby, received into the Union "Be it therefore further enacted, That the said State title of The State of Tennessee,' on an equal footing as a free and independent State, under the name and with the original States, in all respects whatever.

"And be it further enacted, That, until the next general census, the said State of Tennessee shall be entitled to one Representative in the House of Representatives of the United States, and in all other respects, as far as they may be applicable, the laws of the United States shall extend to, and have force in, the State of

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