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MAY, 1796.)
Proceedings.

[SENATE. time of the next annual meeting of Congress," was the sum of eleven hundred guineas, and drew bills in read and ordered to a second reading.

his favor on the Superintendent of Finance for the resiThe bill to amend "An act for the more general due of the money nesessary to complete the contract. promulgation of the Laws of the United States," That, about the same time, General Greene received auwas read the third time and passed.

thority to contract for the necessary supplies of proviThe bill sent from the House of Representatives sion for the army, which

he found considerable difficulfor concurrence, entitled " An act making appro- ty in accomplishing. That, after exhausting the time priations for the support of the Military and Na- which admitted of delay in making this latter contract, val Establishments for the year one thousand he entered into an agreement with the same John Banks, seven hundred ninety-six,”

was read twice and as a member of the house of Hunter, Banks, and Co., referred to Messrs. Potts, Brown, and STRONG, month of February, 1783. That, about this time, the

for the provision supplies of the army, sometime in the to consider and report thereon to the Senate. Mr. RUTHERFORD reported from the committee them in his promised payments, became pressing in

creditors of Banks, as he had disappointed and deceived to whom was referred the bill, entitled " An act their demands, and threatened, upon his refusal either directing certain experiments to be made to ascer- to pay them or secure their debts, the use of means that tain uniform standards of Weights aud Measures might have disabled him from fulfilling his provision for the United States."

contract. That General Greene, in order to prevent the Ordered, That the report be printed for the use inconvenience which the loss of the provision contract of the Senate, and that the consideration of this would occasion to the army, and to leave Banks at liberbill be referred to the next session of Congress. ty to pursue it, by satisfying his creditors, on the 8th of

Mr. Burr, from the joint committee of confer- April, 1783, agreed to become his security, and, accordence on the bill, entitled " An act laying out into ingly executed bonds with the said Banks to his credione State the territory ceded by the State of tors, for the amount of their debts; one of which bonds North Carolina to the United States, and provid- is the debt that gave rise to the present bill. That, in order ing for an enumeration of the inhabitants thereof," to indemnify himself

, he compelled Banks, at the same reported, as the opinion of the majority of the joint time, to give orders on Charles Pettit, his (Banks's) committee, that the Senate recede from their dis- agent in Philadelphia, for the full amount of the debts agreement to the amendment of the House of Re- for which he had become bound, to be paid out of the presentatives. Whereupon,

public money that would become due to Banks in virResolred, That the Senate recede from their productive enough to satisfy all the debts, if Banks had

tue of his contracts. That these orders would have been disagreement to the said amendment.

not continued to divert the funds to other purposes. A motion was made by Mr. Burr, as follows: That, after the death of General Greene and of Banks, * Resolved, That any enumeration of the inhabitants Harris and Blackford instituted a suit against the exeof any district under the temporary Government of the cutors of General Greene, and have obtained a judgment United States , for the purpose of furnishing evidence to for the sum stated in the bill

. No satisfactory evidence Congress that such district contains the number which has been offered to the committee to prove that Hunter, may entitle it to admission into the Union, shall have been Banks, and Co., are insolvent; but, on the other hand, taken and made, under a law to be made by the Legis- there is reason to believe that some, at least, of that lature of the said district, of the free inhabitants only, company are fully able to pay the debt due to Harris and, in all other respects, pursuant to the provisions con- and Blackford, from the public notification of one of tained in the act, entitled “ An act providing for the the company, in the newspapers of Virginia, requiring enumeration of the inhabitants of the United States :" the creditors of Hunter, Banks, and Co., to come in and

settle their claims, and receive payment. Nor does it Which motion was read and ordered to lie until appear that the executors of General Greene have ever to-morrow for consideration.

attempted, at law, to recover the debt in question of Mr. TAZEWELL reported from the committee to Hunter, Banks, and Co. Some of the papers submitted whom was referred the bill, entitled "An act to in- to the committee intimate that General Greene was a demnify the estate of the late Major General Na- member of the house of Hunter, Banks, and Co., in this thaniel Greene, for a certain bond entered into by transaction; and it appears that General Greene gave him during the late war;" which report was read, no notice of his suretyship to the Government until as follows:

several years after, nor until he was called upon to pay • The committee to whom the bill to indemnify the the bond: but the committee have not discovered any estate of the late Major General Greene, for a certain satisfactory evidence that General Greene was a partbond entered into by him during the late war, was com- and Co., were actually

insolvent, and if General Greene

ner with Hunter, Banks, and Co. If Hunter, Banks, mitted, submit the following report to the Senate:

" It appears to the committee that, some time in the was not a partner in the house of Hunter, Banks, and fall of the year 1782, the Department of War authorized Co.

, in this transaction, the committee would not hesiGeneral Greene to contract for the clothing of the army tate in believing that the United States ought to indemthen under his command. That, sometime in Novem- nify General Greene's estate against the effects of this ber or December, of the same year, he did contract with securityship; since they do not discover any other moJohn Banks, a member of the house of Hunter, Banks, tive which could have governed him, in becoming secuand Co., who acted for that house, to furnish the neces

rity for Banks, but that of essentially promoting the sary supplies of clothing for the army. That John Banks, public service. after entering into the contract, procured upon credit, of “ The committee further observe, that they have not certain British merchants then in Charleston, the neces- had time fully to investigate all the facts in this case ; sary articles of clothing. That General Greene, at the and being desirous that justice should be finally done, time he made this contract, paid down to the said Banks they submit to the Senate the propriety of referring the

SENATE.]
Proceedings.

[JUNE, 1796. consideration of this subject to the second Monday of by unanimous consent, to dispense with the rule, next session of Congress.”

and that this bill be now read the third time. And, after debate, the consideration of the bill On motion, to add the following proviso to the was postponed until to-morrow.

bill: A message from the House of Representatives Provided, also, That if, at any time hereafter, it shall informed the Senate, that the House have passed appear that the said General Greene was interested in a bill, entitled " An act making further appropria- this transaction, as a member of the house of Hunter, tions for the year one thousand seven hundred Banks, and Company, either directly or indirectly, the and ninety-six;" in which they desire the concur- estate of the said General Greene shall be liable to rerence of the Senate.

imburse the United States the money, with interest, The bill was read twice, and referred to the hereby directed to be advanced to his executors.” committee appointed this day on the bill, sent It passed in the negative. from the House of Representatives for concur On motion, it was agreed to amend the bill, by rence, entitled " An act making appropriations for adding these words, after the word “ bond," not the support of the Military and Naval Establish- exceeding the aforesaid sum of eleven thousand ments for the year one thousand seven hundred two hundred and ninety-seven pounds eight shiland ninety-six.”

lings and eight pence, with interest from the 31st

of December last." WEDNESDAY, June 1.

"Resolved, That this bill pass with amendments. Mr. Potts, from the committee to whom was

Ordered, That the Message of the PRESIDENT referred the bill, entitled " An act making appro- be referred to Messrs. Ross, RUTHERFURD, and

OF THE UNITED STATES, of the 25th of May last, priations for the support of the Military and Naval Establishments for the year one thousand BROWN, to consider and report thereon to the

Senate. seven hundred and ninety-six," reported amendments; which were read and adopted. The bill

Mr. Bingham, from the committee to whom was then read the third time and passed.

was referred the bill, entitled "An act to authorMr. Potts, from the committee to whom was

ize the PRESIDENT OF THE UNITED STATES to lay, referred the bill, entitled " An act making further regulate, and revoke embargoes, during the ensuappropriations for the year one thousand seven

ing recess of Congress," reported, that the bill pass hundred and ninety-six," reported that the bill without armendment. And it was agreed, by unanipass. And, by unanimous consent, the bill was this bill be now read the second time.

mous consent, to dispense with the rule, and that read the third time and passed. The bill, sent from the House of Representatives

On motion, to agree, by unanimous consent, to for concurrence, entitled "An act to alter the time dispense with the rule, and that this bill be now of the next annual meeting of Congress," was read, read the third time, it passed in the negativeand referred to Messrs. Potts, Gunn, and But- yeas 14, nays 5. The consent not being unaniLER, to consider and report thereon to the Senate.

mous. The yeas and nays being required by oneMr. Ports reported, from the committee, that fifth of the Senators present, those who voted in the bill do not pass, and the report was adopted.

the affirmative, are: A message from the House of Representatives

Messrs. Bingham, Bloodworth, Bradford, Foster, Latiinformed the Senate that the House have passed

a mer, Livermore, Marshall

, Martin, Potts, Read, Ross, bill, entitled " An act to authorize the PRESIDENT

Rutherfurd, Strong, and Trumbull. OF THE UNITED STATES to lay, regulate, and re

Those who voted in the negative, arevoke embargoes, during the ensuing recess of Messrs. Brown, Burr, Butler, Langdon, and TazeCongress;" in which they desire the concurrence well. of the Senate. The consideration of the motion, made yester

Wednesday Evening-5 o'clock day, for regulating the enumeration of the inhabitants of any district, under the temporary Govern On motion, that it be ment of the United States, was resumed. On Resolved, That the sum of one hundred dollars each motion,

be allowed to the principal and engrossing clerks in the Ordered, That it be postponed.

office of the Secretary of the Senate, to be paid by the The bill, sent from the House of Representatives Secretary out of the money appropriated for the continfor concurrence, entitled “ An act to authorize the gent expenses of the Senate: PRESIDENT OF THE UNITED STATES to lay, regu The motion was objected to, as not in order, and late, and revoke embargoes, during the ensuing so determiued by the President; and, on an aprecess of Congress," was read twice, and referred peal to the Senate, the determination was overto Messrs. BINGHAM, Butler, and Potts, to con- ruled. Whereupon, the question being taken on sider and report thereon to the Senate.

the original motion, it passed in the negative. The Senate resumed the second reading of the On motion, by Mr. Martin, that it be bill, sent from the House of Representatives for Resolved, That the honorable William Blount, concurrence, entitled " An act to indemnify the and, William Cocke, Esquires, who have produced creestate of the late Major General Nathaniel Greene. dentials of being duly elected Senators for the State of for a certain bond entered into by him during the Tennessee, be admitted to take the oath necessary for late war;" and, it being amended, it was agreed their qualification, and their seats accordingly;"

JUNE, 1796.]

Proceedings.

[SENATE.

Ordered, That a paper, purporting to be the ished the business before them, are about to credentials of Mr. Blount and Mr. Cocke, be read. adjourn to the first Monday in December next.

And, on the question to agree to the resolution, Mr. BUTLER, from the joint committee appointed it passed in the negative-yeas 10, nays 11, as to wait on the PRESIDENT OF THE UNITED States, follows:

and notify him that, unless he had any further YEAS.—Messrs. Bloodworth, Brown, Burr, Butler, communications to make to them, they were ready Gunn, Langdon, Martin, Robinson, Tattnall, and Taze- to adjourn, reported, that the PRESIDENT OF THE well.

UNITED STATES had no further communication to NAIS.—Messrs. Bingham, Bradford, Foster, Latimer, make, except the nomination of certain persons Livermore, Marshall, Potts, Read, Ross, Rutherfurd, to execute the laws passed the present session. and Trumbull.

After the consideration of the Executive busiA message from the House of Representatives ness, the PRESIDENT adjourned the Senate io the informed the Senate, that the House, having fin- first Monday in December next.

PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE FIRST SESSION OF THE FOURTH CONGRESS, BEGUN AND HELD AT THE CITY

OF PHILADELPHIA, DECEMBER 7, 1795.

Monday, December 7, 1795.

And a quorum, consisting of a majority of the The following members appeared and took their whole number being present, seats :

The House proceeded, by ballot, to the choice From New Hampshire.-ABIEL Foster, Ni

Tempo N of a SPEAKER; and, upon examining the ballots,

a majority of the votes of the whole House was cholas Gilman, John S. SHERBURNE, and JERE

found in favor of JONATHAN DAYTON, one of the MIAH SMITH From Massachusetts.-Theophilus BRADBURY,

Representatives for the State of New Jersey :

Whereupon, HENRY DEARBORN, Dwight FOSTER, NATHANIEL

The said JONATHAN DAYTON was conducted to FREEMAN, Jr., BENJAMIN GOODHUE, GEORGE LEO-,

the Chair, from whence he made his acknowNARD, SAMUEL LYMAN, William LYMAN, John REED, THEODORE SEDGWICK, GEORGE THATCHER,

| ledgments to the House, as follows: Joseph B. VARNUM, and PeleG Wadsworth. GENTLEMEN : It is with real diffidence that I under

From Rhode Island.-BENJAMIN BOURNE and take the execution of the duties which you have done FRANCIS MALBONE.

me the honor to assign to me. From Connecticut.-Joshua Cort, CHAUNCEY In discharging them to the best of my abilities, I anGoodrich, Roger Griswold, ZEPHANIAH Swift. | ticipate, on your part, a liberal and indulgent temper and URIAH Tracy.

towards those decisions which may be required from From Vermont.-ISRAEL SMITH.

the Chair, and flatter myself that I shall experience, From New York.THEODORUS Bailey, Wil

upon all occasions, your co-operation and support. LIAM COOPER, EZEKIEL GILBERT, HENRY GLEN, The House proceeded, in the same manner, to JONATHAN N. HAVENS, EDWARD LIVINGSTON, the appointment of a Clerk; and, upon examining John E. VAN ALLEN, Philip Van CORTLANDT, the baliots, a majority of the votes of the whole and John Williams.

House was found in favor of John BECKLEY. From New Jersey.-JONATHAN DAYTON, AARON The oath to support the Constitution of the KITCHELL, Isaac Smith, and MARK THOMPSON. United States, as prescribed by the act, entitled

From Pennsylvania,DAVID BAIRD, ALBERT “An act to regulate the time and manner of adGALLATIN, DANIEL HEISTER, JOHN Wilkes KIT- ministering certain oaths," was then administered TERA, SAMUEL Maclay, FREDERICK AUGUSTUS by IsaAC Smith, one of the Representatives from MUHLENBERG, Samuel SitgREAVES, John Swan- the State of New Jersey, to the SPEAKER, and WICK, and RICHARD THOMAS.

then by Mr. SPEAKER to all the members present. From Delaware.- John PATTEN.

The same oath, together with the oath of office From Maryland.-GABRIEL CHRISTIE, GEORGE prescribed by the said recited act, were also adDent, GABRIEL Duvall, William HINDMAN, ministered by Mr. SPEAKER to the Clerk. and WILLIAM VANS MURRAY.

A message was received from the Senate, inFrom Virginia.-SAMUEL J. Cabell, JOHN forming the House that a quorum of members of CLOPTON, Isaac Coles, William B. Giles, that body is assembled, and the Vice PRESIDENT GEORGE HANCOCK, CARTER B. HARRISON, John being absent, they have proceeded to the choice HEATH, GEORGE JACKSON, James Madison, An- of a PRESIDENT pro tempore, and that HENRY DREW MOORE, JOSIAH PARKER, ROBERT RUTHER- TAZEWELL has been duly elected. FORD, and ABRAHAM VENABLE.

| Ordered, That a message be sent to the Senate From North Carolina.—Thomas Blount, NA- to inform that body that a quorum of this House THAN BRYAN, DEMPSEY BURGES, JESSE FRANK-is assembled, and have elected JONATHAN DayLIN, William B. GROVE, JAMES HOLLAND, MAT- TON their SPEAKER; and that the Clerk of this THEW LOCKE, NATHANIEL Macon, and ABSALOM House do go with the message. Tatom.

Another message from the Senate was received, From South Carolina.-Samuel Earle, Ro- informing this House that they have appointed a BERT GOODLOE HARPER, and William SMITH. committee on their part, to act jointly with such From Georgia.--ABRAHAM BALDWIN.

committee as may be appointed by this House, to

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