"Resolved, That the Vice President be requested to transmit a copy of the foregoing resolution to the Governor of the said State." And, after debate, the Senate adjourned. MONDAY, March 21. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act authorizing and directing the Secretary of War to place certain persons therein named on the pension list ;" and a Resolution directing further returns in the cases of claimants for invalid pensions ;" in which bill and resolution they desire the concurrence of the Se nate. [SENATE. a bill, entitled "An act to continue in force An act for ascertaining the fees in Admiralty proceedings in the District Courts of the United States, and for other purposes;" and a bill, entitled, "An act for the relief of Henry Messonnier ;" in which bills they desire the concurrence of the Senate. The bills last mentioned were read, and ordered to a second reading. The Senate resumed the consideration of the letter from the Governor, and the memorial of the report of the committee to whom was referred the Representatives of the State of Kentucky, with the papers accompanying them. On the question to expunge these words: "if there were no objections of this sort, the committee would still be of opinion that the memorial could not be sustained," it passed in the negative On the question to expunge the following words: The Senate resumed the consideration of the motion, made on the 19th instant, to postpone the report of the committee to whom was referred the letter from the Governor, and the memorial of the Representatives of the State of Kentucky, with the papers accompanying them, together with the motions of amendment made thereon, in order to consider the following resolution: "Whereas the honorable the Legislature of the State of Kentucky have, by their memorial, transmitted by the Governor of the said State, informed the Senate that Humphrey Marshall, a Senator from the said State, had been publicly charged with the crime of perjury, and requested that an inquiry might be thereupon institut-ples of the Constitution and of the common law concur in presuming that he is innocent:" 66 ed, in which request the said Humphrey Marshall has "Resolved, That the Vice President be requested to transmit a copy of the foregoing resolution to the Governor of the said State." They think that in a case of this kind no person can be held to answer for an infamous crime unless on a presentment or indictment of a grand jury, and that in all such prosecutions the accused ought be tried by an impartial jury of the State and district wherein the crime shall have been committed. If in the present case the party has been guilty, in the manner suggested, been tried in the State and district where he committed no reason has been alleged why he has not long since the offence. Until he is legally convicted, the princi It passed in the negative. On motion, it was agreed to amend the next paragraph, to read as follows: "And the committee are compelled, by a sense of justice, to declare that, in their opinion, this presumption in favor of Mr. Marshall is not diminished by recriminating publications, which manifest strong resentment against him." And on the question to expunge the paragraph, as amended, it passed in the negative. On motion, it was agreed to amend the last clause of the report to read as follows: "And they are also of opinion that, as the Constitution does not give jurisdiction to the Senate, the consent of the party cannot give it; and that, therefore, the said memorial ought to be dismissed." On motion to expunge the clause last agreed to be amended, it passed in the negative-yeas 7, nays 16, as follows: YEAS.-Messrs. Bloodworth, Burr, Langdon, Martin, Mason, Robinson, and Tazewell. NAYS. Messrs. Bingham, Bradford, Cabot, Foster, Frelinghuysen, Gunn, Henry, Latimer, Livermore, Paine, Read, Ross, Rutherfurd, Strong, Trumbull, and Vining." Mr. BROWN requested and was excused from voting on the question. On motion, it was agreed to amend the last paragraph but two of the report, beginning with the words, "If in the present case," by inserting the words "by the memorialists," after the word "alleged." On the question to adopt the report, as amended, it passed in the affirmative-yeas 16, nays 8, as follows: YEAS.-Messrs. Bingham, Bradford, Cabot, Foster, Frelinghuysen, Gunn, Henry, Latimer, Livermore, Paine, Read, Ross, Rutherfurd, Strong, Trumbull, and Vining. NAYS.-Messrs. Bloodworth, Brown, Burr, Langdon, Martin, Mason, Robinson, and Tazewell. So the report was adopted, as follows: "The committee to whom were referred the letter of the Governor, and the memorial of the Representatives of Kentucky, with the papers accompanying them, report: "That the Representatives of the freemen of Kentucky state, in their memorial, that, in February, 1795, a pamphlet was published by George Muter and Benjamin Sebastian, (who were two Judges of the Court of Appeals,) in which they say that Humphrey Marshall had a suit in chancery in the said Court of Appeals, in which it appearing manifest, from the oath of the complainant, from disinterested testimony, from records, from documents furnished by himself, and from the contradictions contained in his own answer, that he had committed a gross fraud, the Court gave a decree against him; and that, in the course of the investigation, he was publicly charged with perjury. That Mr. Marshall, in a publication in the Kentucky Gazette, called for a specification of the charge; to which the said George Muter and Benjamin Sebastian, in a like publication, replied, that he was guilty of perjury in his answer to the bill in chancery exhibited against him by James Wilkinson, and that they would plead justification to any suit brought against them therefor. That no such suit, as the said Representatives could learn, had been brought. The said Representatives further say, that they do not mean to give an opinion on the justice of the said charge, but request that an investigation may immediately take place relative thereto. "Your committee observe that the said suit was tried eighteen months before Mr. Marshall was chosen a member of the Senate, and that, previous to his election, mutual accusations had taken place between him and the Judges of the said Court, relating to the same suit. "The Representatives of Kentucky, have not furnished any copy of Mr. Marshall's answer on oath, nor have they stated any part of the testimony, or produced any of the said records or documents, or the copy of any paper, in the cause, nor have they intimated a design to bring forward those or any other proofs. "Your committee are informed by the other Senator and the two Representatives in Congress from Kentucky, that they have not been requested by the Legislature of that State to prosecute this inquiry, and that they are not possessed of any evidence in the case, and that they believe no person is authorized to appear on behalf of the Legislature. "Mr. Marshall is solicitous that a full investigation of the subject should take place in the Senate, and urges the principle that consent takes away error, as applying, on this occasion, to give the Senate jurisdiction; but, as no person appears to prosecute, and there is no evidence adduced to the Senate, nor even a specific charge, the committee think any further inquiry by the Senate would be improper. If there were no objections of this sort, the committee would still be of opinion that the memorial could not be sustained. They think that, in a case of this kind, no person can be held to answer for an infamous crime, unless on a presentment or indictment of a grand jury, and that, in all such prosecutions, the accused ought to be tried by an impartial jury [MARCH, 1796. of the State and district wherein the crime shall have been committed. If, in the present case, the party has been guilty in the manner suggested, no reason has been alleged by the memorialists why he has not long since been tried in the State and district where he committed the offence. Until he is legally convicted, the principles of the Constitution and of the common law, committee are compelled, by a sense of justice, to deconcur in presuming that he is innocent. And the clare that, in their opinion, the presumption in favor of Mr. Marshall is not diminished by the recriminating publications, which manifest strong resentment against him. tion does not give jurisdiction to the Senate, the con"And they are also of opinion that, as the Constitusent of the party cannot give it ; and that, therefore, the said memorial ought to be dismissed." Resolved, That the VICE PRESIDENT of the United States be requested to transmit a copy of the foregoing report to the Governor of Kentucky. NAVAL ARMAMENT. The report of the committee to whom was referred the communication from the PRESIDENT OF THE UNITED STATES, on the subject of the Naval Armament, was read, as follows: expedient to authorize the President of the United States "That it is the opinion of the committee it will be to cause to be completed, with all convenient expedition, two of the said frigates of forty-four, and one of thirty-six guns. President of the United States to cause the others to be "That a discretionary power be committed to the finished, having a due regard to the existing price of la bor and materials. eight thousand eight hundred and eighty-eight dol"That so much of the sum of six hundred and eightylars and thirty-two cents, as, by the act of June, 1794, the act to provide a Naval Armament, remains unexwas appropriated to pay the expenses to be incurred by sand dollars, appropriated for a provisional equipment pended, as well as so much of the sum of eighty thouof galleys, by the before-recited act, be appropriated for carrying into effect the provisions of the aforesaid resolution." Whereupon, it was ordered, that the committee be instructed to bring in a bill conformable to the report of the committee. WEDNESDAY, March 23. Mr. BINGHAM, from the committee instructed an act, entitled "An act to provide a Naval Arto that purpose, reported a bill supplementary to mament;" which was read, and ordered to seacond reading. for concurrence, entitled "An act for the relief of The bill sent from the House of Representatives Henry Messonnier," was read the second time, and referred to Messrs. BRADFORD, BINGHAM, and FRELINGHUYSEN, to consider and report thereon to the Senate. The VICE PRESIDENT laid before the Senate a Report from the Secretary of War, of the claims of four invalid pension applicants, forwarded by the Judge of the District Court of Virginia, with sundry papers; which were read, and ordered to lie for consideration. Ordered, That Messrs. MARTIN, LIVERMORE, and BLOODWORTH, be a committee to bring in a bill making certain provisions in regard to the Circuit Court for the District of North Carolina. The bill, sent from the House of Representatives for concurrence, entitled "An act to continue in force an act for ascertaining the fees in Admiralty proceedings in the District Courts of the United States, and for other purposes," was read the second time, and ordered to a third reading. THURSDAY, March 24. Mr. MARTIN, from the committee instructed to that purpose, reported a bill making certain provisions in regard to the Circuit Court for the district of North Carolina; which was read, and, by unanimous consent, the rule was dispensed with, and the bill was read the second and third times, and passed. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief of George Knowel Jackson," and a bill entitled "An act declaring the consent of Congress to a certain act of the State of Maryland, and to continue 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 the same respects the States of Georgia and Rhode Island and Providence Plantations;" in which bills they desire the concurrence of the Senate. The bills last mentioned were read, and ordered to a second reading. [SENATE UNITED STATES, March 25, 1796. The Message and papers therein referred to were read, and ordered to lie for consideration. Mr. BROWN presented the memorial of Ebenezer Zane, praying liberty to locate such military bounty lands, lying at the crossings of certain rivers, mentioned in the said memorial, as may be necessary to enable him to establish ferries and open a road through the Territory Northwest of the Ohio to the State of Kentucky; which memorial was read. Ordered, That it be referred to Messrs. BROWN, Ross, and LIVERMORE, to consider and report thereon to the Senate. MONDAY, March 28. The bill supplementary to an act, entitled "An act to provide a Naval Armament," was read the third time, and passed. The bill, sent from the House of Representatives for concurrence, entitled "An act authorizing and directing the Secretary of War to place certain persons therein named on the pension list," was read the second time, and referred to Messrs. TAZEWELL, STRONG, and TRUMBULL, to consider and report thereon to the Senate. Ordered, That the "resolution directing furThe bill, sent from the House of Representa- ther returns in the cases of claimants for invalid tives for concurrence, entitled "An act to continue pensions," be referred to the last-mentioned comin force an act for ascertaining the fees in Ad-mittee, to consider and report thereon to the Semiralty proceedings in the District Courts of the United States, and for other purposes," was read the third time, and amended. Resolved, That this bill pass as amended. On motion, by Mr. MASON, it was agreed to reconsider the vote passed the 15th instant, on the second reading of the bill authorizing the settlement of the demands of Anthony Walton White against the United States, and that the bill be still considered as in its second reading. FRIDAY, March 25. The bill supplementary to an act, entitled "An act to provide a Naval Armament," was read the second time, and amended. Ordered, That this bill pass to the third reading. of the House of Representatives: I send herewith, for your information, the translation of a Letter from the Minister Plenipotentiary of the French Republic to the Secretary of State, announcing the peace made by the Republic with the Kings of Prussia and Spain, the Grand Duke of Tuscany, and nate. The bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of George Knowel Jackson," was read the second time, and referred to the last-mentioned committee, to consider and report thereon to the Senate. The bill, sent from the House of Representatives for concurrence, entitled "An act declaring the consent of Congress to a certain act of the State of Maryland, and to continue 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 Providence Plantations," was read the second time, and referred to Messrs. HENRY, BRADFORD, and STRONG, to consider and report thereon to the Senate. TUESDAY, March 29. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act for the relief and protection of American seamen," in which they desire the concurrence of the Senate. Mr. FRELINGHUYSEN presented the memorial of Stephen Sayre, praying compensation for his time and services as Secretary, acting under the Commissioners at Versailles, in the year one thousand seven hundred and seventy-seven; which memorial was read, and ordered to lie on the table. The bill last brought from the House of Representatives for concurrence was read, and ordered to a second reading. Mr. TAZEWELL reported from the committee to whom was referred the bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of George Knowel Jackson ;" and the report was adopted. Whereupon, [APRIL, 1796. of the river Ohio, being part of the said papers referred, should lie for consideration. And that the act of the State of Rhode Island, ratifying an amendment to the Constitution, respecting the suability of a State; also, an act of North Carolina, to the same effect; and an act of the same State, ceding the jurisdiction of Shell Castle Island, for the purpose of erecting a beacon, being the residue of the said papers referred, should lie for the information of the Senate." The report was read. FRIDAY, April 1. A message from the House of Representatives informed the Senate that the House have passed Resolved, That this bill do not pass. The following Message was received from the bill, entitled "An act authorizing a loan for the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate: I send herewith a copy of the Treaty of Friendship; Limits, and Navigation, between the United States and His Catholic Majesty, which has been ratified by me, with your advice and consent. A copy of the Treaty will be immediately communicated to the House of Representatives; it being necessary to make provision, in the present session, for carrying into execution the third and twenty-first articles, particularly the former; seeing that execution must commence before the next meeting of Congress. Estimates of the moneys necessary to be provided for the purposes of this and several other Treaties with foreign nations and the Indian tribes, will be laid before you by the proper Department, G. WASHINGTON. The Message was read, and ordered to lie for consideration. Mr. BRADFORD reported, from the committee to whom was referred the bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of Henry Messonnier," that the bill do not pass. Ordered, That the report lie until to-morrow for consideration. WEDNESDAY, March 30 The bill, sent from the House of Representatives for concurrence, entitled "An act for the relief and protection of American seamen," was read the second time. On motion, that the bill be referred to a committee, it passed in the negative. Ordered, That this bill lie on the table. use of the City of Washington, in the District of Columbia, and for other purposes therein menerection of a light-house on Baker's Island, in the tioned;" a bill, entitled "An act authorizing the State of Massachusetts;" and a bill, entitled "An act to provide for the widows and orphans of certain officers who have died of wounds, received in the service of the United States, since the fourth of March, one thousand seven hundred and eightynine;" in which bills, severally, they desire the concurrence of the Senate. The bills last brought from the House of Representatives for concurrence were read, and ordered to a second reading. The VICE PRESIDENT laid before the Senate a Letter from the Hon. Oliver Wolcott, Lieutenant Governor of the State of Connecticut, in answer to the notification from the Senate that the seat of the Hon. OLIVER ELLSWORTH is vacated by his appointment to the office of Chief Justice; which letter was read, and ordered to lie on file. Mr. CABOT, from the committee to whom was referred the bill to regulate the compensation of clerks, reported amendments; which were read, and ordered to lie for consideration. Mr. BROWN, from the committee to whom was referred the memorial of Ebenezer Zane, made a report; which was read, and ordered to lie for consideration. The VICE PRESIDENT laid before the Senate a confidential communication from the Secretary of the Department of State, with sundry estimates referred to in the Message of the PRESIDENT OF THE UNITED STATES of the 29th of March last; which were read, and ordered to lie for con Mr. CABOT, from the committee, reported a billsideration. to regulate the Mint of the United States, and to punish frauds by counterfeiting the coins thereof, or otherwise; which was read, and ordered to a second reading. THURSDAY, March 31. Mr. LIVERMORE reported, from the committee to whom were referred the Message from the PRESIDENT OF THE UNITED STATES of the 29th of January last, with the papers accompanying the same "That the laws and journals of the respective Territories of the United States Northwest and Southwest MONDAY, April 4. The bill, sent from the House of Representatives for concurrence, entitled "An act authorizing a loan for the use of the City of Washington, in the District of Columbia, and for other purposes therein mentioned," was read the second time, and referred to Messrs. KING, HENRY, and TAZEWELL, to consider and report thereon to the Senate. The bill, sent from the House of Representatives for concurrence, entitled "An act to provide for the widows and orphans of certain officers who have died of wounds received in the service of TUESDAY, April 5. The Senate resumed the second reading of the bill, sent from the House of Representatives for concurrence, entitled "An act for the relief and protection of American seamen." [SENATE. siderable trouble and expense, explored, and in part opened, a road Northwest of the river Ohio, between Wheeling and Limestone, which, when completed, will greatly contribute to the accommodation of the public, as well as of individuals. But, that several rivers intervening, the road proposed cannot be used with safety, until ferries shall be established thereon. That the petitioner will engage to have such ferries erected, provided he can obtain a right to the land which is now that he may be authorized to locate, and survey, at his the property of the United States. And therefore prays land at Muskingum, Hockhocking, and Sciota rivers, own expense, military bounty warrants, upon as much as may be sufficient to support the necessary establishments; and that the same be granted to him by the United States. "That they, having received satisfactory information in support of the above statement, are of opinion that the proposed road will be of general utility, that the petitioner merits encouragement, and that his petition being reasonable, ought to be granted. "The committee therefore submit the following resolution : "Resolved, That the petition of Ebenezer Zane is reasonable; that he be authorized to locate warrants granted by the United States for military services, upon three tracts of land, not exceeding one mile square each, at Muskingum, Hockhocking, and Sciota, where the proposed road shall cross those rivers, for the purA motion was made to expunge the first sec-pose of establishing ferries thereon; and that leave be tion; and, on motion to postpone the considera- given to bring in a bill for that purpose. tion of this motion, it passed in the affirmative. And it was agreed to postpone the further consideration of the bill until Thursday next. A message from the House of Representatives informed the Senate that the House insist on their disagreement to sundry amendments of the Senate to the bill, entitled "An act for establishing trading houses with the Indian tribes," ask a conference thereon, and have appointed managers at the same on their part. The Senate took into consideration the resolution of the House of Representatives, insisting on their disagreement to sundry amendments of the Senate to the bill, entitled "An act for establishing trading houses with the Indian tribes," and asking a conference thereon. Resolved, That the Senate agree to the proposed conference, and that Messrs. Ross and KING be managers at the same on their part. The Senate proceeded to the consideration of the report of the committee to whom was referred the bill to regulate the compensation of clerks, and having agreed thereto, and amended the bill accordingly, it was read the third time, and passed. WEDNESDAY, April 6. Mr. TAZEWELL reported, from the committee to whom was referred, the bill, entitled “An act authorizing and directing the Secretary of War to place certain persons therein named on the pension list;" which was read, and ordered to lie for consideration. The committee to whom was referred the petition of Ebenezer Zane, states "That the petitioner sets forth, that he hath, at con On motion, it was agreed that this report be adopted, and that the committee who were appointed on the petition be instructed to bring in a bill accordingly. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act providing for the sale of the lands of the United States in the Territory Northwest of the river Ohio, and above the mouth of Kentucky river;" in which they desire the concurrence of the Senate. The bill last mentioned was read, and ordered to a second reading. The Senate proceeded to the consideration of the report of the committee to whom was referred the bill, entitled "An act for the relief of Henry Messonnier." And, after debate, the further consideration thereof was postponed. Mr. BROWN, from the committee instructed for the purpose, reported a bill to authorize Ebenezer Zane to locate certain lands in the Territory of the United States Northwest of the river Ohio; which was read, and ordered to a second reading. THURSDAY, April 7. The bill to authorize Ebenezer Zane to locate certain lands in the Territory of the United States Northwest of the river Ohio, was considered. Ordered, That the second reading of this bill be the order of the day for Monday next. The Senate resumed the second reading of the bill, sent from the House of Representatives, for concurrence, entitled "An act for the relief and protection of American seamen." On motion, that it be committed, it passed in the affirmative-yeas 12, nays 10, as follows: |