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time of the next annual meeting of Congress," was read and ordered to a second reading.

The bill to amend "An act for the more general promulgation of the Laws of the United States," was read the third time and passed.

The bill sent from the House of Representatives for concurrence, entitled "An act making appropriations for the support of the Military and Naval Establishments for the year one thousand seven hundred ninety-six," was read twice and referred to Messrs. POTTS, BROWN, and STRONG, to consider and report thereon to the Senate.

Mr. RUTHERFORD reported from the committee to whom was referred the bill, entitled "An act directing certain experiments to be made to ascertain uniform standards of Weights aud Measures for the United States."

[SENATE.

as a member of the house of Hunter, Banks, and Co.,

the sum of eleven hundred guineas, and drew bills in his favor on the Superintendent of Finance for the residue of the money nesessary to complete the contract. That, about the same time, General Greene received authority to contract for the necessary supplies of provision for the army, which he found considerable difficulty in accomplishing. That, after exhausting the time which admitted of delay in making this latter contract, he entered into an agreement with the same John Banks, for the provision supplies of the army, sometime in the month of February, 1783. That, about this time, the them in his promised payments, became pressing in creditors of Banks, as he had disappointed and deceived their demands, and threatened, upon his refusal either to pay them or secure their debts, the use of means that might have disabled him from fulfilling his provision 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 public money that would become due to Banks in virpresentatives. Whereupon, tue of his contracts. That these orders would have been productive enough to satisfy all the debts, if Banks had not continued to divert the funds to other purposes. That, after the death of General Greene and of Banks, Harris and Blackford instituted a suit against the executors of General Greene, and have obtained a judgment for the sum stated in the bill. No satisfactory evidence has been offered to the committee to prove that Hunter, Banks, and Co., are insolvent; but, on the other hand, there is reason to believe that some, at least, of that company are fully able to pay the debt due to Harris and Blackford, from the public notification of one of the company, in the newspapers of Virginia, requiring the creditors of Hunter, Banks, and Co., to come in and settle their claims, and receive payment. Nor does it appear that the executors of General Greene have ever attempted, at law, to recover the debt in question of Hunter, Banks, and Co. Some of the papers submitted to the committee intimate that General Greene was a member of the house of Hunter, Banks, and Co., in this transaction; and it appears that General Greene gave no notice of his suretyship to the Government until several years after, nor until he was called upon to pay the bond: but the committee have not discovered any satisfactory evidence that General Greene was a partner with Hunter, Banks, and Co. If Hunter, Banks, and Co., were actually insolvent, and if General Greene was not a partner in the house of Hunter, Banks, and Co., in this transaction, the committee would not hesitate in believing that the United States ought to indem

Resolved, That the Senate recede from their disagreement to the said amendment.

A motion was made by Mr. BURR, as follows: "Resolved, That any enumeration of the inhabitants of any district under the temporary Government of the United States, for the purpose of furnishing evidence to Congress that such district contains the number which may entitle it to admission into the Union, shall have been taken and made, under a law to be made by the Legislature of the said district, of the free inhabitants only, and, in all other respects, pursuant to the provisions contained in the act, entitled "An act providing for the enumeration of the inhabitants of the United States:" Which motion was read and ordered to lie until to-morrow for consideration.

Mr. TAZEWELL reported from the committee to whom was referred the bill, entitled "An act to indemnify the estate of the late Major General Nathaniel Greene, for a certain bond entered into by him during the late war;" which report was read, as follows:

"The committee to whom the bill to indemnify the estate of the late Major General Greene, for a certain bond entered into by him during the late war, was committed, submit the following report to the Senate:

securityship; since they do not discover any other motive which could have governed him, in becoming security for Banks, but that of essentially promoting the public service.

"It appears to the committee that, some time in the fall of the year 1782, the Department of War authorized General Greene to contract for the clothing of the army then 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 John Banks, a member of the house of Hunter, Banks, and Co., who acted for that house, to furnish the necessary supplies of clothing for the army. That John Banks, after entering into the contract, procured upon credit, of certain British merchants then in Charleston, the necessary articles of clothing. That General Greene, at the time he made this contract, paid down to the said Banks

"The committee further observe, that they have not had time fully to investigate all the facts in this case; and being desirous that justice should be finally done, they submit to the Senate the propriety of referring the

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consideration of this subject to the second Monday of next session of Congress."

And, after debate, the consideration of the bill was postponed until to-morrow.

A message from the House of Representatives informed the Senate, that the House have passed a bill, entitled "An act making further appropriations for the year one thousand seven hundred and ninety-six;" in which they desire the concurrence of the Senate.

The bill was read twice, and referred to the committee appointed this day on the bill, sent from the House of Representatives for concurrence, entitled "An act making appropriations for the support of the Military and Naval Establishments for the year one thousand seven hundred and ninety-six."

WEDNESDAY, June 1.

Mr. POTTS, from the committee to whom was referred the bill, entitled "An act making appropriations for the support of the Military and Naval Establishments for the year one thousand seven hundred and ninety-six," reported amendments; which were read and adopted. The bill was then read the third time and passed.

Mr. POTTS, from the committee to whom was referred the bill, entitled "An act making further appropriations for the year one thousand seven hundred and ninety-six," reported that the bill pass. And, by unanimous consent, the bill was read the third time and passed.

The bill, sent from the House of Representatives for concurrence, entitled "An act to alter the time of the next annual meeting of Congress," was read, and referred to Messrs. POTTS, GUNN, and BUT LER, to consider and report thereon to the Senate. Mr. POTTS reported, from the committee, that the bill do not pass, and the report was adopted. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to authorize the PRESIDENT OF THE UNITED STATES to lay, regulate, and revoke embargoes, during the ensuing recess of Congress;" in which they desire the concurrence of the Senate.

The consideration of the motion, made yesterday, for regulating the enumeration of the inhabitants of any district, under the temporary Government of the United States, was resumed. On motion,

Ordered, That it be postponed.

The bill, sent from the House of Representatives for concurrence, entitled "An act to authorize the PRESIDENT OF THE UNITED STATES to lay, regulate, and revoke embargoes, during the ensuing recess of Congress," was read twice, and referred to Messrs. BINGHAM, BUTLER, and POTTS, to consider and report thereon to the Senate.

The Senate resumed the second reading of the bill, sent from the House of Representatives for concurrence, entitled "An act to indemnify the estate of the late Major General Nathaniel Greene. for a certain bond entered into by him during the late war;" and, it being amended, it was agreed

[JUNE, 1796.

by unanimous consent, to dispense with the rule, and that this bill be now read the third time. On motion, to add the following proviso to the bill:

"Provided, also, That if, at any time hereafter, it shall appear that the said General Greene was interested in this transaction, as a member of the house of Hunter, Banks, and Company, either directly or indirectly, the estate of the said General Greene shall be liable to reimburse the United States the money, with interest, hereby directed to be advanced to his executors." It passed in the negative.

On motion, it was agreed to amend the bill, by adding these words, after the word "bond," "not exceeding the aforesaid sum of eleven thousand two hundred and ninety-seven pounds eight shillings and eight pence, with interest from the 31st of December last."

Resolved, That this bill pass with amendments.

Ordered, That the Message of the PRESIDENT be referred to Messrs. Ross, RUTHerfurd, and OF THE UNITED STATES, of the 25th of May last, BROWN, to consider and report thereon to the

Senate.

Mr. BINGHAM, from the committee to whom was referred the bill, entitled "An act to authorize the PRESIDent of the UnITED STATES to lay, regulate, and revoke embargoes, during the ensuing recess of Congress," reported, that the bill pass without amendment. And it was agreed, by unanithis bill be now read the second time. mous consent, to dispense with the rule, and that

On motion, to agree, by unanimous consent, to dispense with the rule, and that this bill be now read the third time, it passed in the negative— yeas 14, nays 5. The consent not being unanimous. The yeas and nays being required by onefifth of the Senators present, those who voted in the affirmative, are:

Messrs. Bingham, Bloodworth, Bradford, Foster, Latimer, Livermore, Marshall, Martin, Potts, Read, Ross, Rutherfurd, Strong, and Trumbull.

Those who voted in the negative, are—
Messrs. Brown, Burr, Butler, Langdon, and Taze-

well.

Wednesday Evening-5 o'clock

On motion, that it be

"Resolved, That the sum of one hundred dollars each be allowed to the principal and engrossing clerks in the office of the Secretary of the Senate, to be paid by the Secretary out of the money appropriated for the contingent expenses of the Senate:'

The motion was objected to, as not in order, and so determiued by the PRESIDENT; and, on an appeal to the Senate, the determination was overruled. Whereupon, the question being taken on the original motion, it passed in the negative. On motion, by Mr. MARTIN, that it be

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Ordered, That a paper, purporting to be the credentials of Mr. Blount and Mr. Cocke, be read. And, on the question to agree to the resolution, it passed in the negative-yeas 10, nays 11, as follows:

YEAS.-Messrs. Bloodworth, Brown, Burr, Butler, Gunn, Langdon, Martin, Robinson, Tattnall, and Taze

well.

NAYS.-Messrs. Bingham, Bradford, Foster, Latimer, Livermore, Marshall, Potts, Read, Ross, Rutherfurd, and Trumbull.

A message from the House of Representatives informed the Senate, that the House, having fin

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ished the business before them, are about to adjourn to the first Monday in December next. Mr. BUTLER, from the joint committee appointed to wait on the PRESIDENT OF THE UNITED STATES, and notify him that, unless he had any further communications to make to them, they were ready to adjourn, reported, that the PRESIDENT OF THE UNITED STATES had no further communication to make, except the nomination of certain persons to execute the laws passed the present session.

After the consideration of the Executive business, the PRESIDENT adjourned the Senate to the 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:

From New Hampshire.-ABIEL FOSTER, NICHOLAS GILMAN, JOHN S. SHERBURNE, and JEREMIAH SMITH.

From Massachusetts.-THEOPHILUS BRADBURY, HENRY DEARBORN, DWIGHT FOSTER, NATHANIEL FREEMAN, Jr., BENJAMIN GOODHUE, GEORGE LEONARD, SAMUEL LYMAN, WILLIAM LYMAN, JOHN REED, THEODORE SEDGWICK, GEORGE THATCHER, JOSEPH B. VARNUM, and PELEg Wadsworth.

From Rhode Island.-BENJAMIN BOURNE and FRANCIS MALBONE.

From Connecticut.-JOSHUA COIT, CHAUNCEY GOODRICH, ROGER GRISWOLD, ZEPHANIAH SWIFT, and URIAH TRACY.

From Vermont.-ISRAEL SMITH.

From New York.-THEODORUS BAILEY, WILLIAM COOPER, Ezekiel GilbeRT, HENRY GLEN, JONATHAN N. HAVENS, EDWARD LIVINGSTON, JOHN E. VAN ALLEN, PHILIP VAN CORTLANDT, and JOHN WILLIAMS.

From New Jersey.-JONATHAN DAYTON, AARON KITCHELL, ISAAC ŠMITH, and MARK THOMPSON.

From Pennsylvania.-DAVID BAIRD, ALBERT GALLATIN, DANIEL Heister, JOHN WILKES KITTERA, SAMUEL MACLAY, FREDERICK AUGUSTUS MUHLENBERG, SAMUEL SITGREAVES, JOHN SWANWICK, and RICHARD THOMAS.

From Delaware.-JOHN PAtten. From Maryland.-GABRIEL CHRISTIE, GEORGE DENT, GABRIEL DUVALL, WILLIAM HINDMAN, and WILLIAM VANS MURRAY.

From Virginia.-SAMUEL J. CABELL, JOHN CLOPTON, ISAAC COLES, WILLIAM B. GILES, GEORGE HANCOCK, CARTER B. HARRISON, JOHN HEATH, GEORGE JACKSON, JAMES MADISON, ANDREW MOORE, JOSIAH PARKER, ROBERT RUTHERFORD, and ABRAHAM VENABLE.

From North Carolina.-THOMAS BLOUNT, NATHAN BRYAN, DEMPSEY BURGES, JESSE FRANKLIN, WILLIAM B. GROVE, JAMES HOLLAND, MATTHEW LOCKE, NATHANIEL MACON, and ABSALOM ТАТОМ.

From South Carolina.-SAMUEL EARLE, ROBERT GOODLOE HARPER, and WILLIAM SMITH. From Georgia.-ABRAHAM BALDWIN.

The House proceeded, by ballot, to the choice of a SPEAKER; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JONATHAN DAYTON, one of the Representatives for the State of New Jersey: Whereupon,

The said JONATHAN DAYTON was conducted to

the Chair, from whence he made his acknowledgments to the House, as follows:

GENTLEMEN: It is with real diffidence that I undertake the execution of the duties which you have done me the honor to assign to me.

In discharging them to the best of my abilities, I anticipate, on your part, a liberal and indulgent temper towards those decisions which may be required from the Chair, and flatter myself that I shall experience, upon all occasions, your co-operation and support.

The House proceeded, in the same manner, to the appointment of a Clerk; and, upon examining the baliots, a majority of the votes of the whole House was found in favor of JOHN BECKLEY.

The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was then administered by ISAAC SMITH, one of the Representatives from the State of New Jersey, to the SPEAKER, and then by Mr. SPEAKER to all the members present.

The same oath, together with the oath of office prescribed by the said recited act, were also administered by Mr. SPEAKER to the Clerk.

A message was received from the Senate, informing the House that a quorum of members of that body is assembled, and the VICE PRESIDENT being absent, they have proceeded to the choice of a PRESIDENT pro tempore, and that HENRY TAZEWELL has been duly elected.

Ordered, That a message be sent to the Senate to inform that body that a quorum of this House is assembled, and have elected JONATHAN DAYTON their SPEAKER; and that the Clerk of this House do go with the message.

Another message from the Senate was received, informing this House that they have appointed a committee on their part, to act jointly with such committee as may be appointed by this House, to

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