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PROCEEDINGS

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE FOURTH CONGRESS, HELD IN THE CITY OF

PHILADELPHIA, DECEMBER 7, 1795.

Monday, December 7, 1795.

is assembled; that they have elected JONATHAN The following Senators appeared, and took their Dayton their Speaker; and that they have conseats:

curred in the appointment of a joint committee to John LANGDON and Samuel LIVERMORE, from wait on the PresidENT OF THE UNITED STATES, New Hampshire;

and acquaint him that the two Houses of Congress CalEB STRONG and GEORGE CABOT, from Mas-are assembled, and are ready to receive any comsachusetts;

munications that he may be pleased to lay before THEODORE Foster, from Rhode Island;

them. OLIVER Ellsworth and Jonathan TRUMBULL, for that purpose, reported that they had waited on

Mr. Read, from the joint committee appointed from Connecticut; Moses ROBINSON, from Vermont;

the PRESIDENT OF THE UNITED STATES, and had Rufus King, from New York;

notified him that a quorum of the two Houses of James Ross and William Bingham, from Penn- Congress were assembled ; and the President of sylvania;

THE UNITED STATES acquainted the committee Henry Latimer, from Delaware;

that he would meet the two Houses in the RepreHENRY Tazewell and Stephens T. Mason, sentatives Chamber at 12 o'clock to-morrow. from Virginia; ALEXANDER MARTIN and TIMOTHY BLOOD

Tuesday, December 8. WORTH, from North Carolina;

HUMPHREY MARSHALL, from the State of KenPIERCE Butler and Jacob Read, from South tucky, attended. Carolina.

A message from the House of Representatives The Vice PRESIDENT being absent, the Senate informed the Senate that the House are now ready proceeded to the election of a PRESIDENT pro tem- to meet the Senate in the Chamber of that House, pore, as the Constitution provides, and Henry to receive such communications as the PRESIDENT TAZEWELL was duly elected.

OF THE UNITED STATES shall be pleased to make Ordered, That the Secretary wait on the Pre- to them. SIDENT OF THE UNITED STATES, and acquaint him Whereupon, the Senate repaired to the Chamthat a quorum of the Senate is assembled, and that, ber of the House of Representatives for the purin the absence of the Vice PRESIDENT, they have pose above expressed. elected HENRY Tazewell President pro tempore. The Senate then returned to their own Cham

Ordered, That the Secretary acquaint the House ber, and a copy of the Speech of the PresidENT of Representatives that a quorum of the Senate is of the United States to both Houses of Conassembled, and ready to proceed to business; and gress was read, as follows: that, in the absence of the Vice President, they Fellow-citizens of the Senate, and have elected HENRY TAZEWELL President pro

of the House of Representatives : tempore. Ordered, That Messrs. Read and Cabot be a

I trust I do not deceive myself, while I indulge the joint committee on the part of the Senate, toge- when, more than at the present, the situation of our

persuasion that I have never met you at any period, ther with such committee as the House of Repre- public affairs has afforded just cause for mutual consentatives may appoint on their part, to wait on gratulation, and for inviting you to join with me in prothe PresideNT OF THE UNITED

STATEs, and notify found gratitude to the Author of all Good for the numehim that a quorum of the two Houses is assembled, rous and extraordinary blessings we enjoy. and ready to receive any communications that he The termination of the long, expensive, and distressmay be pleased to make to them.

ing war in which we have been engaged with certain Á message from the House of Representatives Indians Northwest of the Ohio, is placed in the option informed the Senate that a quorum of the House of the United States, by a Treaty which the Commander

4th Con.-2

SENATE.]

Speech of the President.

[DECEMBER, 1795.

of our Army has concluded, provisionally, with the the happy result, how firm and how precious a foundahostile tribes in that region.

tion will have been laid for accelerating, maturing, and In the adjustment of the terms, the satisfaction of the establishing, the prosperity of our country! Indians was deemed an object worthy no less of the Contemplating the internal situation, as well as the policy than of the liberality of the United States, as the external relations, of the United States, we discover necessary basis of durable tranquility. The object, it is equal cause for contentment and satisfaction. While believed, has been fully attained. The articles agreed many of the nations of Europe, with their American upon will immediately be laid before the Senate, for dependencies, have been involved in a contest unusually their consideration.

bloody, exhausting, and calamitous; in which the evils The Creek and Cherokee Indians, who alone, of the of foreign war have been aggravated by domestic conSouthern tribes, had annoyed our frontiers, have lately vulsions and insurrection ; in which many of the arts confirmed their pre-existing Treaties with us, and were most useful to society have been exposed to discouragegiving evidence of a sincere disposition to carry them ment and decay; in which scarcity of subsistence has into effect

, by the surrender of the prisoners and pro- embittered other sufferings; while even the anticipaperty they had taken; but we have to lament that the tions of a return of the blessings of peace and repose fair prospect in this quarter has been once more clouded are alloyed by the sense of heavy and accumulating by wanton murders, which some citizens of Georgia are burdens which press upon all the departments of indusrepresented to have recently perpetrated on hunting try, and threaten to clog the future springs of Governparties of the Creeks, which have again subjected that ment; our favored country, happy in a striking contrast, frontier to disquietude and danger ; which will be pro- has enjoyed general tranquility-a tranquility the more ductive of further expense, and may occasion more effu- satisfactory, because maintained at the expense of no sion of blood. Measures are pursuing to prevent or duty. Faithful to ourselves, we have violated no oblimitigate the usual consequences of such outrages, and gation to others. Our agriculture, commerce, and manuwith the hope of their succeeding, at least, to avert gen- factures, prosper beyond former example; the molestations eral hostility.

of our trade (to prevent a continuance of which, howA Letter from the Emperor of Morocco announces to ever, very pointed remonstrances have been made) being me his recognition of our Treaty made with his father overbalanced by the aggregate benefits which it derives the late Emperor, and, consequently, the continuance from a neutral position. Our population advances with of peace with that Power. With peculiar satisfaction a celerity which, exceeding the most sanguine calculaI add, that information has been received from an agent tions,proportionally augments our strength and resources, deputed on our part to Algiers, importing that the terms and guarantees our future security. Every part of the of the Treaty with the Dey and Regency of that country Union displays indications of rapid and various improvehad been adjusted in such a manner as to authorize the ment; and with burdens so light as scarcely to be perexpectation of a speedy peace, and the restoration of ceived; with resources fully adequate to our present our unfortunate fellow-citizens from a grievous capti- principles of rational liberty; and with mild and

whole

exigencies; with Governments founded on the genuine vity,

The latest advices from our Envoy at the Court of some laws—is it too much to say, that our country Madrid give, moreover, the pleasing information that he exhibits a spectacle of national happiness never surhad received assurances of a speedy and satisfactory passed, if ever before equalled ? conclusion of his negotiation. While the event, de

Placed in a situation every way so auspicious, motives pending upon unadjusted particulars, cannot be regarded of commanding force impel us, with sincere acknowas ascertained, it is agreeable to cherish the expectation ledgment to Heaven, and pure love to our country, of an issue which, securing, amicably, very essential to unite our efforts to preserve, prolong, and improve, interests of the United States,

will
, at the same time, this desirable work, is a fervent and favorite wish of my

our immense advantages. To co-operate with you in lay the foundation of lasting harmony with a Power

heart. whose friendship we have uniformly and sincerely desired to cultivate.

It is a valuable ingredient in the general estimate of Though not before officially disclosed to the House lately the scene of disorder and insurrection, now enjoys

our welfare, that the part of our country which was of Representatives, you, gentlemen, are all apprised that the blessings of quiet and order. The misled have a Treaty of Amity, Commerce, and Navigation, has abandoned their errors, and pay the respect to our Conbeen negotiated with Great Britain ; and that the Se- stitution and laws which is due from good citizens to nate have advised and consented to its ratification, upon the public authorities of the society. These circuma condition which excepts part of one article. Agree- stances have induced me to pardon, generally, the ably thereto, and to the best judgment I was able to form offenders here referred to, and to extend forgiveness to of the public interest, after full and mature deliberation, those who had been adjudged to capital punishment. I have added my sanction. The result, on the part of For, though I shall always think it a sacred duty to His Britannic Majesty, is unknown. When received, exercise with firmness and energy the Constitutional the subject will, without delay, be placed before Con- powers with which I am vested, yet it appears to me no gress. This interesting summary of our affairs, with regard personal feelings, to mingle, in the operations of Govern

less consistent with the public good than it is with my to the foreign Powers between whom and the United ment, every degree of moderation and tenderness which States controversies have subsisted, and with regard the national justice, dignity, and safety, may permit. also to those of our Indian neighbors, with whom we have been in a state of enmity or misunderstanding,

Gentlemen : opens a wide field for consoling and gratifying reflec Among the objects which will claim your attention tions. If, by prudence and moderation on every side, in the course of the session, a review of our Military the extinguishment of all the causes of external discord Establishment is not the least important. It is called for which have heretofore menaced our tranquility, on terms by the events which have changed, and may be expected compatible with our national rights and honor, shall be still further to change, the relative situation of our fron

DECEMBER, 1795.]

Speech of the President.

[SENATE.

tiers. In this review, you will doubtless allow due weight Gentlemen of the Senate, and to the considerations that the questions between us and of the House of Representatives : certain foreign Powers are not yet finally adjusted; that The statements which will be laid before you relative the war in Europe is not yet terminated; and that our to the Mint will show the situation of that institution, Western posts, when recovered, will demand provision and the necessity of some further Legislative provisions for garrisoning and securing them. A statement of our for carrying the business of it more completely into present military force will be laid before you by the effect, and for

checking abuses which appear to be arisDepartment of War.

ing in particular quarters. With the review of our Army Establishment is natu The progress of providing materials for the frigates, rally connected that of the Militia. It will merit inquiry, and in building them; the state of the fortifications of what imperfections in the existing plan further experi- our harbors; the measures which have been pursued for ence may have unfolded. The subject is of so much obtaining proper sites for arsenals, and for replenishing moment, in my estimation, as to excite a constant soli- our magazines with military stores; and the steps which citude that the consideration of it may be renewed until have been taken towards the execution of the law for the greatest attainable perfection shall be accomplished. opening a trade with the Indians—will likewise be pre

Time is wearing away some advantages for forwarding sented for the information of Congress. the object, while none better deserves the persevering Temperate discussion of the important subjects which attention of the public councils.

may arise in the course of the session, and mutual While we indulge the satisfaction which the actual forbearance where there is a difference of opinion, are condition of our Western borders so well authorizes, it too obvious and necessary for the peace, happiness, and is necessary that we should not lose sight of an important welfare, of our country, to need any recommendation of truth, which continually receives new confirmations, mine. namely: that the provisions heretofore made with a view

G. WASHINGTON. to the protection of the Indians from the violences of the UNITED STATES, December 8, 1795. lawless part of our frontier inhabitants are insufficient. It is demonstrated that these violences can now be per: Cabot, be a Committee to report the draft of an

Ordered, That Messrs. King, ELLSWORTH, and to prove, that, unless the murdering of Indians can be address to the President of the United

States, restrained by bringing the murderers to condign pun

in answer to his Speech this day to both Houses ishment, all the exertions of the Government to prevent of Congress. destructive retaliations by the Indians will prove fruitless, and all our present agreeable prospects illusory. The

Wednesday, December 9. frequent destruction of innocent women and children,

The Vice PRESIDENT of the United States atwho are chiedly the victims of retaliation, must continue tended. to shock humanity, and an enormous expense to drain the Treasury of the Union.

The following motion was made by Mr. Mar

TIN: To enforce upon the Indians the observance of justice, it is indispensable that there shall be competent means Senate of the United States, passed the 20th day of

Resolved, That, in conformity to a resolution of the of rendering justice to them. If these means can be devised by the wisdom of Congress, and especially if February, 1794, the gallery of the Senate Chamber be there can be added an adequate provision for supplying permitted to be opened every morning, subject to the the necessities of the Indians, on reasonable terms been erected and provided in the Senate Chamber, in

restrictions therein mentioned, a suitable gallery having a measure, the mention of which I the more readily the late recess of Congress, for that purpose.” repeat, as in all the conferences with them they urge it with solicitude-I should not hesitate to entertain a

And, the motion being amended, it was strong hope of rendering our tranquility permanent. I

Resolved, That, in conformity to a resolution of add, with pleasure, that the probability even of their the Senate of the United States, passed the 20th civilization is not diminished by the experiments which day of February, 1794, the gallery of the Senate have been thus far made under the auspices of Govern-Chamber be permitted to be opened every mornment. The accomplishment of this work, if practicable, ing, subject to the restrictions in said resolution will reflect undecaying lustre on our national character, mentioned. and administer the most grateful consolations that vir A message from the House of Representatives tuous minds can know.

informed the Senate that the House have resolved Gentlemen of the House of Representatives :

that two Chaplains, of different denominations, be The state of our revenue, with the sums which have appointed to Congress for the present session, one been borrowed and reimbursed pursuant to different acts by each House, who shall interehange weekly; in of Congress, will be submitted from the proper Depart- which they desire the concurrence of the Senate. ment, together with an estimate of the appropriations

Whereupon, the Senate proceeded to consider necessary to be made for the service of the ensuing the said resolution ; and year.

Resolved, That they do concur therein, and that Whether measures may not be advisable to re-enforce the right Reverend Bishop White be the Chaplain the provision for the redemption of the Public Debt, on the part of the Senate. will naturally engage your examination. Congress have

Resolved, That each Senator be supplied during demonstrated their sense to be, and it were superfluous the present session with copies of three such newsto repeat mine, that whatsoever will tend to accelerate papers, printed in any of the States, as he may the honorable extinction of our Public Debt, accords as choose, provided that the same are furnished at much with the true interest of our country as with the the rate of the usual annual charge for such pageneral sense of our constituents.

pers.

SENATE.)
Address to the President.

[DECEMBER, 1795. Thursday, December 10.

receive our careful attention, and, with a true zeal for John Brown, from the State of Kentucky, and the public welfare, we shall cheerfully co-operate in eveFREDERICK FRELINGHUYSEN, from the State of ry measure that shall appear to us best calculated to New Jersey, severally attended.

promote the same. Mr. KING, from the committee appointed for

JOHN ADAMS,

Vice President of the United States, that purpose, reported the draft of an Address to the PRESIDENT OF THE UNITED STATES, in an

and President of the Senate. swer to his Speech to both Houses of Congress, at

The Address was taken up by paragraphs. the opening of the session, which was read, and The fourth and fifth paragraphs were moved to ordered to lie for consideration until to-morrow. be struck out by Mr. Mason.

Mr. Mason observed, that he had hoped nothing

contained in the Address reported as an answer Friday, December 11.

to the PresidENT's Speech, would have been such Elijah Paine, from the State of Vermont, at- as, to force the Senate to precipitate decisions. tended.

The two clauses he objected to disappointed him

in that hope. They were calculated to bring ADDRESS TO THE PRESIDENT.

again into view the important subject which ocThe Senate took into consideration the report cupied the Senate during their June session. made by the Committee, of an Address to the This he conceived could answer no good purpose ; PRESIDENT OF THE UNITED STATEs, in answer to the minority on that occasion were not now to his Speech to both Houses of Congress, at the be expected to recede from the opinions they opening of the session, which is as follows: then held, and they could not therefore join in

SIR: It is with peculiar satisfaction that we are in the indirect self-approbation which the majority formed by your Speech to the two Houses of Congress, appeared to wish for, and which was most certhat the long and expensive war in which we have been tainly involved in the two clauses which he should engaged with the Indians Northwest of the Ohio is in a hope would be struck out. If his motion were situation to be finally terminated; and, though we view agreed to, the remainder of the Address would, in with concern the danger of an interruption of the peace his opinion, stand unexceptionable. He did not so recently confirmed with the Creeks, we indulge the see, for his part, that our situation was every way hope, that the measures that you have adopted to pre- auspicious. Notwithstanding the Treaty, our trade vent the same, if followed by those Legislative provis- is grievously molested. ions that justice and humanity equally demand, will Mr. King observed, that the principal features succeed in laying the foundation of a lasting peace with observable in the answer reported to the Presithe Indian tribes on the Southern as well as on the DENT's Address, were to keep up that harmony Western frontiers. The confirmation of our Treaty with Morocco, and the Legislature and the PRESIDENT, and to express

of intercourse which ought to subsist between the adjustment of a Treaty of Peace with Algiers, in conse confidence in the undiminished firmness and love quence of which our captive fellow-citizens shall be de- of country which always characterize our chief livered from slavery, are events that will prove no less Executive Magistrate. He objected to striking interesting to the public humanity, than they will be important

in extending and securing the navigation and out especially the first clause, because founded on commerce of our country.

undeniable truth. It only declares that our prosAs a just and equitable conclusion of our depending pects, as to our external relations, are not more negotiations with Spain will essentially advance the satisfactory than a review of our internal situation interest of both nations, and thereby cherish and con- would prove. Was not this representation true, firm the good understanding and friendship which we he asked; could it be controverted? This clause, have at all times desired to maintain, it will afford us he contended, contained nothing reasonably obreal pleasure to receive an early confirmation of our ex-jectionable; it did not say as much as the second, pectations on this subject.

to which only most of the objections of the memThe interesting prospect of our affairs, with regard to ber up before him applied, an answer to which the foreign Powers between whom and the United he should defer, expecting that a question would States controversies have subsisted, is not more satisfac- be put on each in order. tory, than the review of our internal situation : if from The clause he said appeared to him drawn up the former we derive an expectation of the extinguish- in such terms as could not offend the nicest feelment of all the causes of external discord, that have ings of the minority on the important decision in heretofore endangered our tranquility, and on terms June ; it was particularly circumspect and cautious. consistent with our national honor and safety, in the If liable to objection it was in not going as far as latter we discover those numerous and wide-spread to the truth would warrant. kens of prosperity which, in so peculiar a manner, distinguish our happy country.

Some conversation took place as to the mode Circumstances thus every way auspicious demand required by order of putting the question ; whether our gratitude, and sincere acknowledgments to Almigh- it should be put on each clause separately, or ty God, and require that we should unite our efforts in whether upon striking out both at once. imitation of your enlightened, firm, and persevering ex The Chair requested that the motion should be ample, to establish and preserve the peace, freedom, reduced to writing. Mr. Mason accordingly reand prosperity, of our country.

duced it to writing, and it went to striking out The objects which you have recommended to the no- both clauses at once. tice of the Legislature will, in the course of the session, / Mr. Mason agreed most cordially that the situa

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