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SENATE.]

Presentation of the Colors of France.

Ordered, That the Secretary for the Department of Treasury be requested to lay before the Senate returns of the imports and exports of the United States, similar to those heretofore exhibited, up to the latest periods to which he has received the accounts from the several districts, and commencing from the last returns made.

THURSDAY, December 24.

The bill making provision for the purposes of trade with the Indians, was read the second time; and, after debate, the further consideration thereof was postponed.

[JANUARY, 1796.

WEDNESDAY, December 30.

The Senate assembled, but transacted no business

THURSDAY, December 31.

The Senate assembled, and, in order to give the committees opportunity to perfect their reports, adjourned to 12 o'clock to-morrow.

FRIDAY, January 1, 1796.

Mr. ELLSWORTH, from the committee appointed for the purpose, reported a bill to regulate proceedOrdered, by unanimous consent, that Mr. TAZE-ings in cases of outlawry; which was read, and WELL have permission to introduce a bill declar-ordered to a second reading. ing the consent of Congress to "An act of the State of Virginia, passed the 25th of December, 1794, for the support of a Marine Hospital ;" which bill was read, and ordered to a second reading.

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The bill declaring the consent of Congress to "An act of the State of Virginia, passed the 25th of December, 1794, for the support of a Marine Hospital," was read a second time, and referred to Messrs. TAZEWELL, STRONG, and BINGHAM, to consider and report thereon to the Senate.

The Senate resumed the second reading of the bill making provision for the purposes of trade with the Indians.

Ordered, That this bill be referred to Messrs. ELLSWORTH, TAZEWELL, BURR, Ross, and BROWN, to consider and report thereon to the Senate.

TUESDAY, December 29.

The Senate resumed the consideration of the report of the committee on the petition of John Blanch; which is as follows:

"That, in their opinion, it will be proper to permit aliens, who are residents in the United States, to obtain an exclusive property in any useful art, machine, or manufacture, they may have invented, in case such aliens, before their application for such exclusive property, shall have taken an oath that it is their intention to become citizens of the United States, in the manner pointed out in the first section of the act, entitled 'An act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject; and that a bill be brought in for that purpose."

On motion to amend the report, by adding, after the word "subject," the following words: "and, also, that he has not obtained a patent for such invention or improvement from any foreign Prince or State," it passed in the negative.

MONDAY, January 4.

The bill to regulate proceedings in cases of outlawry was read the second time, and its further consideration postponed until to-morrow.

The following Message was received from the PRESIDENT OF THE UNITED STATES, by Mr. Dandridge, his Secretary. Captain Sedam, of the first Sub-Legion, bearing the Colors mentioned in the Message:

Gentlemen of the Senate, and

of the House of Representatives:

A Letter from the Minister Plenipotentiary of the French Republic, received on the 22d of the last month, from the Committee of Public Safety to the Represencovered an Address, dated the 21st of October, 1794, tatives of the United States in Congress; and also informed me that he was instructed by the Committee to present to the United States the Colors of France. I therefore proposed to receive them last Friday, the first day of the new year, a day of general joy and congratulation. On that day the Minister of the French Republic delivered the Colors with an Address, to which I returned an answer. By the latter, the Senate will see that I have informed the Minister that the Colors will be deposited with the archives of the United States. But it seemed to me proper previously to exhibit to the two Houses of Congress these evidences of the continued friendship of the French Republic, together with the sentiments expressed by me on the occasion in behalf of the United States. They are herewith communicated. G. WASHINGTON. UNITED STATES, January 4, 1796.

the Colors were withdrawn, and the Message and The Message and papers were read; after which papers ordered to lie for consideration.

TUESDAY, January 5.

bill to regulate proceedings in cases of outlawry, The Senate resumed the second reading of the and proceeded to the consideration thereof in paragraphs; and, after progress, the bill was postponed until to to-morrow.

PRESENTATION OF FRENCH FLAG. A motion was made by Mr. TAZEWELL, secondOrdered, That the report be adopted, and thated by Mr. LANGDON, that it bethe committee be instructed to bring in a bill accordingly.

"Resolved by the Senate of the United States in Con gress assembled, That the President be informed th

e

JANUARY, 1796.]

Presentation of the Colors of France.

SIDENT.

[SENATE.

Mr. LIVERMORE was also in favor of postponement.

Senate have received, with the purest pleasure, the evi-slow. He wished more time for the perusal of dences of the continued friendship of the French Re- the documents laid before the Senate by the PREpublic, which accompanied his Message of yesterday. "That he be requested to assure that magnanimous nation, through the proper organ, that the Senate unite with him in all the feelings expressed to the Minister of France, on the presentation of the Colors of his Nation, and devoutly wish that this symbol of the triumphs and enfranchisement of that great people, given as a pledge of faithful friendship, and placed among the evidences and memorials of the freedom and independence of the United States, may contribute to cherish and perpetuate the sincere affection by which the two Republics

are so happily united."

Mr. LANGDON observed, that since members did so earnestly require time, he should not urge an immediate decision; he should no longer object to a postponement till to-morrow. He was happy to hear gentlemen say there was no difference of sentiment upon the present occasion; he hoped that, upon subjects relative to France, this might always be the case, and that the Senate would not confine itself to empty professions of attachMr. ELLSWORTH moved that these resolutions ment, but would evince it by substantial deeds. should lie on the table until to-morrow, that mem- Mr. TAZEWELL did not wish to press the busibers should have an opportunity of perusing atten-ness to an immediate decision, since members detively the papers accompanying the Message of sired time. He confessed he did not expect a the PRESIDENT. motion for a postponement would be made, as the Mr. BUTLER said, that he should very reluct-resolutions he offered contained nothing more antly, in general cases, oppose a motion of the kind now made; but, on the present occasion, he could not give it his assent. If the resolutions were intricate, or by the question the judgment of the Senate could be committed, he should accord in the wish expressed by the mover; but, as the resolutions go merely to an expression of the sentiments of the House respecting the French Republic, their feelings and judgment must be as ripe for such expression now as they can be at any future period. It was not like a law that was to affect the Senate hereafter; it had nothing to do with the internal situation of the country or municipal regulations; but they only went to express a sympathetic feeling for the French Republic, and a wish to see them enjoy every happiness under the form of Government they have lately chosen.

than the PRESIDENT had expressed on the occasion. However, if it was wished that the Senate should express their sentiments in still stronger language than the PRESIDENT, he should not object.

The opposition to the motion for postponement being withdrawn, it was agreed to.

WEDNESDAY, January 6.

The Senate resumed the consideration of the motion made yesterday on the Message of the PRESIDENT OF THE UNITED STATES, of the 4th instant, and the presentation of the flag of the French Republic; and,

On motion of Mr. CABOT, seconded by Mr. ELLSWORTH, to expunge these words from the second paragraph of the motion: "that he be requested to assure that magnanimous nation, through the proper organ”

This cannot commit the Senate, he conceived. If the motion for postponement prevailed, it might convey a distrust of the sense of the Senate respecting that Republic. He felt a lively sense Mr. STRONG was in favor of striking out. He towards that nation on account of the glorious observed that the communication made to the Secause in which they had embarked; of their gal-nate by the PRESIDENT consisted of two distinct lantry and spirit in their arduous struggle to place parts, the letter from the French Committee of men upon a footing they were entitled to, raising Safety and the address accompanying the flag. them from a state of the most abject and debasing In the letter not one word was said about the flag; slavery. it was written in October, '94, and there was proHe declared himself always ready to express bably then no idea of sending one. The letter and his feelings on the magnanimity of such a people. the flag only happened to be delivered at the same If other members of the Senate possessed not time; there was no other connexion between those feelings, they could now give the resolutions them. The letter, he said, was in answer to one their negative. He did not wish for a postpone-from this country, and was meant to close a comment, as it might be viewed as in a manner slight-plimentary correspondence. It required no aning the Republic. swer; it would puzzle any one to make an an

Mr. ELLSWORTH believed there was no real dif-swer to it. An attempt was made by the resoluference of opinion on the subject. All felt an ar- tion offered, which proved it impossible to answer dent friendship for the French; but one mode of it. The resolution forsook the contents of the expressing it might be more proper than another. letter, which, he repeated, closed the correspondBesides, it might be a doubt whether an expres-ence. sion of the feelings of the Senate on this occasion was necessary-the Representatives had already spoken. He was not, as the member who spoke before him, ready on all occasions to express his sentiments; but only on fit occasions, and then he wished to do it in the most proper manner. The operations of his mind, he confessed, were

The United States had presented to the National Convention our flag; or rather our Minister (and he was unwilling to question the propriety of his so doing) presented it on behalf of this Government; a French flag was sent in return; then the propriety of an answer on this ground became the sole question. This flag had been delivered to the PRESIDENT, who made an

SENATE.]

Presentation of the Colors of France.

[JANUARY, 1796.

wished he should answer again in the same strain, and this was, in his opinion, neither necessary nor even proper.

answer on the presentation of it-a complete and perfect answer. He communicated his answer to the Senate. Then was it proper, he asked, that the Executive should be requested to make a se- Mr. ELLSWORTH next combated the resolution cond answer, and nearly in the same words? The as originally offered as unconstitutional. Nothing, PRESIDENT, in his answer, expressly says, that he he contended, could be found in the Constitution speaks not only his own sentiments, but those of to authorize either branch of the Legislature to the citizens at large, including, no doubt, the Se-keep up any kind of correspondence with a foreign nate. In this situation of the transaction nothing nation. To Congress were given the powers of can be proper to be done by the Senate but to ex- legislation and the right of declaring war. If aupress their opinion of the propriety of his answer; thority beyond this is assumed, however trifling and this would be accomplished by adopting the the encroachment at first, where will it stop? It substance of the resolution, after striking out the might be said, that this was a mere matter of cewords proposed. remony and form, and, therefore, could do no harm. A correspondence with foreign nations was a business of difficulty and delicacy-the peace and tranquility of a country may hinge on it. Shall the Senate, because they may think it in one case trifling, or conceive the power ought to be placed in them, assume it? If it was not specially delegated by the Constitution, the Senate might, perhaps, but it is positively placed in the hands of the Executive. The people who sent us here, (said Mr. E.,) placed their confidence in the PRESIDENT in matters of this nature, and it does not belong to the Senate to assume it.

There could be (he concluded, by observing) no difference of feeling in the Senate on the occasion. The only difference was in the mode of expressing it, and he inclined, for the reasons given, to that which was the object of the motion for striking out.

Mr. ELLSWORTH was also of opinion that the subject divided itself into two distinct parts. The first object was an expression of the pleasure of the Senate at this new evidence of the friendship of France, and joining with the PRESIDENT in all the feelings he had expressed on the occasion. This would be effectually done by entering on the Journals the resolution as proposed to be amended with the impropriety of the Legislature cored. The PRESIDENT received the flag and answered, then communicated the transaction to the Senate.

So forcibly, he said, were both Houses impressresponding with any foreign Power, that, when it was announced to them that the unfortunate Louis XVI. had accepted the Constitution of '89, It appeared, by the papers communicated, he the communication was sent back to the PRESIcontended, that there was no connexion between DENT, with a request that he would answer it on the letter of the Committee of Public Safety and their behalf, with congratulations and best wishes. the flag. He would not say that both were not Bt even this, he considered, they had not strictvery important transactions, but they were dis-ly a right to do. It was only saving appearances. connected. The letter was written much ante- Neither branch had a right to dictate to the PREcedent to the sending of the flag-it was written SIDENT what he should answer. The Constituin '94, and was intended to close a correspond- tion left the whole business in his breast. It was ence. The correspondence began by an address wrong to place him in the dilemma of disobliging from the Convention, while Robespierre was an the Legislature or sacrificing his own discretion. active member of it. This address was to Con- But if such practices had inadvertently been folgress the PRESIDENT transmitted it to each lowed, it was full time to recede from them. House, and they sent it back to the Executive, requesting he would answer it, with expressions of the friendly dispositions of the United States towards France. The resolutions of the Houses and the letter of the Executive were transmitted through Mr. Monroe. The letter now in the view of the Senate is in answer to that, and closes the complimentary correspondence, if it ever can close. Propriety did not require another word from the Senate; indeed, decency did not admit it, for it could not be contended that the correspondence should be kept up ad infinitum.

As to the flag, how can it require an answer from the Senate? It was not presented to them by the French Minister, but to the PRESIDENT, who had answered, not only for himself, but for the citizens of the United States; and he imagined it would not be contended that the members of the Senate were not citizens.

It is not advanced, he said, that the PRESIDENT did not express the sentiments of the Senate in the answer to the Minister; on the contrary, his wolds are borrowed in this resolution. But it is

He recapitulated, in a few words, and concluded, by observing, that should the motion for striking out prevail, members would still be in order to amend the resolution, if they chose, by adding to the warmth of expression it already contained.

Mr. BUTLER Considered the situation into which the member up before him seemed desirous that the Senate should be placed, as highly degrading; they were to be deprived of the right of expressing their own sentiments, they were to have no voice, no will, no opinion of their own, but such as it would please the Executive to express for them.

The only fault he found in the resolve was, that it was not full and expressive enough. He observed, that it appeared the studied desire of one part of the House to cut off all communication between the people of the United States and the people of the French Republic. Their representatives are now told, that they can have no will, no voice, but through the Executive. Their constituents never intended that they should be placed in this

JANUARY, 1796.]

Presentation of the Colors of France.

ridiculous point of view, and he declared he never could sit under it silently.

He turned to the Journals of the Senate to show that in the proceedings in the case of the answer to the communication from Robespierre and others, there was a considerable division in the Senate, and the mode adopted was by a majority only; but did not meet the sense of the Senate very generally.

Upon the presentation of the flag to the PRESIDENT, the Minister particularly observes, that it is for the people of the United States. The PRESIDENT in his answer, speaks of himself and his own feelings. He read part of his answer-"Born in a land of Liberty," &c. He does intimate, he observed, in a cursory manner, that he trusts he speaks the sentiments of his fellow-citizens: but does not attempt to make any professions of either branch of the Legislature, thinking, no doubt, that when the subject came before them, they would speak for themselves.

[SENATE.

and sentiments towards the French, and he suggested to their consideration whether if the present motion for striking out prevailed, even in the face of their own precedents, it would not give countenance to the surmise. On a former occasion he stated a communication was made to the Senate through the PRESIDENT, informing that the King of France had accepted the Crown under the Constitution of 1789. The Senate were not content on that occasion with barely approving what the PRESIDENT had done, but requested the PRESIDENT to say in their behalf, that they were happy at the event, and to assure the King, of their good will for the prosperity of the French nation and his own. What difference, he asked, was there on that occasion and the present, when the French just adopted and organized a new Government? Will it not be said, he asked, that the robes of royalty have charms with the Senate, which the humble habiliments of Democracy do not possess in their eyes, if on the present occasion they should deviate from a precedent established before royalty was abolished? This would be naturally implied, and the Senate, he conceived, should avoid the imputation. There was no necessity pleaded in favor of striking out, if the motion was not insisted on, it would remove impressions which it was useful should be removed, and which he trusted would be removed.

Suppose, he asked, that the expression of friendship contained in the PRESIDENT'S Address on the occasion, fell short of the feelings of the Senate, would they, he asked, adopt the expressions for their own? For his own part, he declared, he could not leave it to others to speak his sentiments, but chose to reserve that right to himself. Even if no communication had been received from the French Republic, no token of attachment, the present period in their affairs, the establishment | of a new Government, would warrant an address of congratulation. There could be no impropriety in it, unless there were objections to drawing nigher to the Republic. Besides, the address of the Committee of Safety, was certainly intended for the Legislature, being directed to the Repre-out would not prevail. sentatives, unless it could be denied that the Senate were Representatives of the people of the United States.

There was nothing in the Constitution, he contended, that could prevent the Legislature from expressing their sentiments: it was not an Executive act, but a mere complimentary answer to a complimentary presentation. If this right was denied them, where would the principle stop, the Senate might be made in time mere automata. It was as proper, he contended, for the Senate to express an opinion on the occasion as for the PRESIDENT or House of Representatives.

He concluded by observing, that the resolution as offered, said as little as could be said on the occasion, and he never could consent to the striking out, which would cause it to be entered only on the Journal, and would be an indirect slight of the French Republic, as the sentiments of the Senate would not be communicated to them.

Mr. TAZEWELL was happy to find no difference in the Senate as to the substance of the resolution. As the form, however, had been made matter of debate, some importance had been given to it which its intrinsic consequence perhaps did not deserve, and it became the Senate to weigh well their decision. It certainly, he said, could not be unknown to the Senate, that unfavorable impressions had traveled abroad respecting their feelings

He dwelt on the impropriety of the Senate's rejecting a form of proceeding in this case, not only sanctioned by their own precedent, but by the practice of both the PRESIDENT and Senate. Why, especially, he asked, should they give rise to invidious comparisons between themselves and the other branch? He hoped the motion for striking

Mr. ELLSWORTH conceived there existed a material difference between the present case and that cited by the member last up. The communicawas then to Congress, now to the PRESIDENT, who had only given given an account of the transaction to the Senate. He added, however, that the line of conduct pursued by the Senate on the former occasion did not meet his approbation; they expressed hopes which he never thought could be realized, and in the event it proved so; for before the sentiments of the Senate could cross the Atlantic, the unfortunate King and Constitution were both overthrown. This, he argued, should make the Senate wary in their proceedings in analogous cases. Upon the communication from Robespierre, Barrere, and others, the Senate were more cautious, they said nothing about the Constitution, but only requested the PRESIDENT to express in their behalf the sentiments of friendship, &c., which the Senate entertained for France. Senate gave the PRESIDENT a short text on that occasion; and he wrote according to his own discretion, and perhaps expressed more than the Senate would have said. If a short text was given this objection occurred; if the Senate_amplified, then they dictated improperly to the PRESIDENT what he should write.

The

The example of the House of Representatives had been mentioned; he conceived it was no rule

SENATE.]

Presentation of the Colors of France.

of proceeding for the Senate. The fact was, that the resolve carried in that House was upon a very slight view indeed of the papers communicated. Indeed, it would appear upon the face of it, that it was penned before the papers were read. This was, in his opinion, no example for imitation; the Senate ought to proceed with their usual deliberation. It had been said that doubts had gone abroad, whether the Senate were friendly to France. Those doubts had been raised by writers among us, the same who also endeavor to convince the Americans that the friendship of France towards them was not cordial. This must appear unfounded from the proceeding now the object of debate, and the former suspicion must be removed by an insertion of the substance of the resolution now before the Senate on their Journals.

Mr. TAZEWELL said a few words to show that there was no difference between the case he had already cited, the proceeding of the Senate, when they expressed their satisfaction at the manner in which the National Convention had honored the memory of BENJAMIN FRANKLIN, and the present

case.

Mr. Ross differed. In the former instances, the PRESIDENT made the original communications to the Senate before he had answered them; now he has answered and only communicates an account of the transaction.

[JANUARY, 1796.

After a few words more from Messrs. STRONG, BURR, REED, and BUTLER, the yeas and nays were called upon striking out, which were taken and stood-yeas 16, nays 8, as as follows:

YEAS.-Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Gunn, Latimer, Livermore, Marshall, Paine, Reed, Ross, Rutherfurd, Strong, Trumbull, and Walton. NAYS.-Messrs. Bloodworth, Brown, Burr, Butler, Langdon, Martin, Robinson, and Tazewell. Whereupon, it was

informed the Senate have received, with the puResolved, unanimously, that the PRESIDENT be rest pleasure, the evidences of the continued friendship of the French Republic, which accompanied his Message of the 4th inst.

That the Senate unite with him in all the feelings expressed to the Minister of France on the presentation of the Colors of his nation, and devoutly wish that this symbol of the triumphs and enfranchisement of that great people, given as a pledge of faithful friendship, and placed among the evidences and memorials of the freedom and independence of the United States, may contribby which the two Republics are so happily united. ute to cherish and perpetuate the sincere affection tion before the PRESIDENT OF Ordered, That the Secretary lay this resoluTHE UNITED STATES.

THURSDAY, January 7.

The Senate resumed the second reading of the bill to regulate proceedings in cases of outlawry, in paragraphs; and, after consideration, the bill was further postponed.

FRIDAY, January 8.

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

of the House of Representatives:

Mr. BURR was against striking out. The National Convention, he observed, might, when they received the answer to their first communication, have said, as is now said on the floor of the Senate, that the correspondence there ended, and that it was not necessary to make us a reply; but they acted differently, and he hoped the Senate would acknowledge the receipt of their pledge of friendship. Indeed, he said, he could not see that any great harm would arise in the two branches of the Legislature interchanging even once a year a letter of friendship and good will with the Republic. It was objected that the present resolution was no answer to the letter. A few lines would make it I transmit to you a memorial of the Commissioners so, and they might easily be added. The omission appointed by virtue of an act, entitled "An act for esdid not prove, as had been asserted by one mem-tablishing the temporary and permanent Seat of the ber, that it was impossible to answer it. That it Government of the United States," on the subject of was not impossible was testified by the proceedings the public buildings under their direction. of the other branch. He did not intend to slight the dignity of the Senate, however, he said, by quoting the proceedings of the other House as a binding rule of proceeding for this; but their proceedings certainly proved the possibility of making an answer; and besides, there was full as much propriety in looking for precedents in their conduct, as in the proceedings of a British Parliament. Each, however, in their place might deserve weight though not implicit reliance.

He advocated the rights of the Senate to answer for themselves, and the propriety of acknowledg ing the receipt of the Colors, which were not sent to the Executive exclusively.

He concluded by citing the Senate's own precedents in analogous cases, and he hoped, that it would not be insisted that the practice of two or three successive years deserved to be laid to the charge of inadvertency.

Since locating a district for the permanent Seat of the Government of the United States, as heretofore announced to both Houses of Congress, I have accepted the grants of money and of land stated in the memorial of the Commissioners. I have directed the buildings therein mentioned to be commenced, on plans which I deemed consistent with the liberality of the grants and proper for the purposes intended.

I have not been inattentive to this important business intrusted by the Legislature to my care. I have served the manner in which they have been applied : viewed the resources placed in my hands, and obthe progress is pretty fully detailed in the memorial

from the Commissioners; and one of them attends to give further information if required. In a case new and arduous, like the present, difficulties might naturally be expected: some have occurred; but they are in a great degree surmounted; and I have no doubt, if the remaining resources are properly cherished, so as to prevent the loss of property by hasty and numerous

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