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SENATE.]

Proceedings.

[March, 1796.

BOT, ELLSWORTH, and Ro88, were appointed | The Vice PRESIDENT laid before the Senate a thereon.

Letter from Samuel Meredith, Treasurer, accomA message from the House of Representatives panied by his account of expenditures in the quarinformed the Senate that the House have passed ter ending the 31st of December last, which was a bill, entitled “An act for the relief of certain read. officers and soldiers who have been wounded or Ordered, That the Letter and account lie for disabled in the actual service of the United States;" consideration. also, a bill, entitled " An act for the relief of Benjamin Strother;" to which bills, respectively, they

Monday, February 29. desire the concurrence of the Senate. The bills last brought from the House of Repre

On motion, by Mr. MARSHALL, sentatives for concurrence were severally read,

“That the Letter from the Governor of the State of and ordered to a second reading.

Kentucky, with divers papers accompanying the same, communicated to the Senate on the 26th instant, be re

ferred to a committee :" Monday, February 22.

It was agreed to postpone the consideration of The bill sent from the House of Representatives the motion until to-morrow. for concurrence, entitled “An act for the relief of A message from the House of Representatives Benjamin Strother," was read the second time, informed the Senate that the House have passed and referred to Messrs. LIVERMORE, Paine, and a bill, entitled “an act for allowing compensation LANGDON, to consider and report thereon to the to the members of the Senate and House of ReSenate.

presentatives of the United States, and to certain The bill, sent from the House of Representa- officers of both Houses;" a bill, entitled "An act tives for concurrence, entitled "An act for the re- for the relief of Jose Roiz Silva;" a bill, entitled lief of certain officers and soldiers who have been "An act providing relief, for a limited time, in wounded or disabled in the actual service of the certain cases of invalid registers; and a bill, entiUnited States," was read the second time, and tled "An act for the relief of Israel Loring;" in referred 'to Messrs. EllSWORTH, STRONG, and which several bills they desire the concurrence of FOSTER, to consider and report thereon to the the Senate. Senate.

The bills last mentioned were severally read,

and ordered to a second reading. Tuesday, February 23. Mr. LIVERMORE, from the committee to whom

Tuesday, March 1. was referred the bill sent from the House of Representatives for concurrence, entitled "An act

The bill sent from the House of Representatives for the relief of Benjamin Strother,” reported, that

for concurrence, entitled "An act for the relief of . the bill pass without amendment, and the report

Israel Loring," was read the second time, and was adopted. And, by unanimous consent, the

referred to Messrs. STRONG, LANGDON, and Lirule was dispensed with, and the bill read the third

VERMORE, to consider and report thereon to the

Senate. time, and passed.

· The bill, sent from the House of Representa

tives for concurrence, entitled " An act for allowWEDNESDAY, February 24.

ing compensation to the members of the Senate · Mr. STRONG presented the petition of Rufus and House of Representatives of the United States, Putnam and others, in behalf of the Ohio Com- and to certain officers of both Houses,” was read pany, praying for Legislative aid in making use the second time, and the consideration thereof of the reserved rights; which was read, and re- postponed. ferred to Messrs. BROWN, Cabot, and Ross, to The bill for the relief of persons imprisoned for consider and report thereon to the Senate. debt, was read a second time; and, after debate,

it was agreed to postpone the further consideration

of this bill. THURSDAY, February 25.

The following Message was received from the The Senate assembled, and, after the considera

PRESIDENT OF THE UNITED States: tion of the Executive business, adjourned.

Gentlemen of the Senate, and

of the House of Representatives : Friday, February 26.

The Treaty of Amity, Commerce, and Navigation, The Vice PRESIDENT laid before the Senate a concluded between the United States of America and Letter from the Governor of the State of Ken- His Britannic Majesty, having been duly ratified, and the tucky, with divers papers accompanying the same. ratifications having been exchanged at London on the

The Letter and papers therein referred to were 28th day of October, 1795, I have directed the same to be read, and ordered to lie on the table.

promulgated; and herewith transmit a copy thereof for Mr. STRONG, from the committee appointed for the information of Congress.

G. WASHINGTON. that purpose, on the 17th instant, reported a bill for the relief of persons imprisoned for debt; which

1 UNITED STATES, March 1, 1796. was read the first time, and ordered to a second The Message was red, and ordered to lie on reading on Tuesday next.

the table.

MARCH, 1796.]
Proceedings.

[SENATE. WEDNESDAY, March 2.

Ordered, That this bill pass to a third reading. Mr. STRONG, from the committee to whom was Claiborne, praying that such encouragement may

Mr. Mason presented the memorial of Richard referred the bill, sent from the House of Repre- be granted to original procurers of inventions, besentatives for concurrence, entitled "An act for the relief of Israel Loring," reported that the bill wřich memorial was read, and ordered to lie on

ing Americans, as may be thought expedient; pass without amendment. And, by unanimous consent, the rule was dispensed with, and the bill

the table. was read the third time, and passed. The bill, sent from the House of Representa

FRIDAY, March 4. tives for concurrence, entitled “ An act providing relief, for a limited time, in certain cases of invalid

The bill for the relief of persons imprisoned for registers," was read the second time, and ordered debt, was read the third time, and passed. to a third reading:

The bill, sent from the House of RepresentaThe bill, sent from the House of Representa- tives for concurrence, entitled “ An act for allowtives for concurrence, entitled " An act for the re- ing compensation to the members of the Senate lief of Jose Roiz Silva," was read the second time, and House of Representatives of the United States, and referred to Messrs. King, Ellsworth, and and to certain officers of both Houses,” was read a BRADFORD, to consider and report thereon to the third time, and passed. Senate. The Senate resumed the consideration of the

Monday, March 7. motion, made on the 29th of February, respecting the Letter and papers from the Governor of the informed the Senate that the House have passed

A message from the House of Representatives State of Kentucky; and

Ordered, That they be referred to Messrs. Ll- a bill, entitled “An act making a partial approVERMORE, Ross, King, RUTHERFURD, and STRONG, priation for the support of the Military Establishto consider and report thereon to the Senate.

ment, for the year one thousand seven hundred A message from the House of Representatives and ninety-six," in which they desire the coninformed the Senate that the House agree to some, currence of the Senate. and disagree to other amendments of the Senate

The bill last brought from the House of Repreto the bill, entitled “ An act for establishing trading sentatives for concurrence was read, and ordered houses with the Indian tribes."

to a second reading. THURSDAY, March 3.

TUESDAY, March 8. Mr. BURR attended to-day.

The Vice PRESIDENT communicated a Letter The Senate proceeded to the consideration of he hath accepted the appointment of Chief Jus

from OLIVER Ellsworth, in which he states that their amendments disagreed to by the House of tice of the United States, which, of course, vacates Representatives, to the bill, entitled " An act for his seat in the Senate; which Letter was read, establishing trading houses with the Indian tribes," and ordered to lie on file. Resolved, That they insist on their said amend

The bill, sent from the House of Representaments. The bill, sent from the House of Representa

tives for concurrence, entitled "An act making a tives for concurrence, entitled “ An act providing partial appropriation for the support of the Milirelief, for a limited time, in certain cases of inva- tary Establishment for the year one thousand selid registers,” was read the third time, and passed. time, and, by unanimous consent, the rule was dis

ven hundred and ninety-six," was read the second The bill, sent from the House of Representa- pensed with, and the bill was read the third time, tives for concurrence, entitled " An act for allow

and passed. ing compensation to the members of the Senate and House of Representatives of the United States Anthony Walton White, Colonel' of the first re

Mr. RUTHERFURD presented the memorial of and to certain officers of both Houses," was read giment of dragoons in the service of the United the second time; and after agreeing to an amend-States, praying the reimbursement of a sum of ment, Ordered, That this bill pass to a third reading. and the memorial was read, and referred to

money advanced to his command in the year 1780; The Senate resumed the second reading of the Messrs. STRONG, RUTHERFURD, and FreLINGHUYbill for the relief of persons imprisoned for debt. On motion to amend the bill in the second sec

SEN, to consider and report thereon to the Senate. tion by inserting the word "persons,” in lieu of the

The following Message was received from the

PRESIDENT OF THE UNITED STATES: words - Justices of the Peace;" it was determined in the affirmative-Yeas 23, nays 1, as follows:

Gentlemen of the Senate, and YEAS --Messrs. Bingham, Bloodworth, Bradford,

of the House of Representatives : Brown, Cabot, Ellsworth, Foster, Henry, King, Lang

I send, herewith, for the information of Congress, the don, Latimer, Livermore, Mason, Paine, Potts, Robin Treaty concluded between the United States and the son, Ross, Rutherfurd, Strong, Tazewell, Trumbull, Dey and Regency of Algiers. Vining, and Walton.

G. WASHINGTON. Mr. Martin voted in the negative.

UNITED STATES, March 8, 1796.

Senate.)

Proceedings.

[MARCH, 1796. The Message was read, and ordered to lie on On motion, the table.

“ That so much of the resolution of the Senate, of the

tenth day of February last, as requires the statements WEDNESDAY, March 9.

therein mentioned to be reported to the Senate, in the

month of January, annually, and to be made up to the Ordered, That the Vice President be request first day of October next, preceding, be repealed; and ed to notify the Executive of the State of Connec- that the said statements be reported to the Senate in ticut that Oliver ELLSWORTA hath accepted the the month of December, annually, and made up to the appointment of Chief Justice of the United States, first day of October, of the year preceding such and that his seat in the Senate is of course va- reports :" cated.

It was agreed that the motion lie on the table.

The bill authorizing the settlement of the deTHURSDAY, March 10.

mands of Anthony Walton White against the The Senate assembled ; and, on motion, ad- United States, was read a second time; and, after

, journed.

Ordered, That the further consideration of the

bill be postponed. FRIDAY, March 11.

The bill making an extra allowance to certain Mr. LIVERMORE reported, from the committee clerks in the public offices, and to the widows of to whom was referred the Letter of the Governor, certain deceased clerks, was read the second time; and the memorial of the Representatives of the and, after debate, State of Kentucky, with the papers accompanying Ordered, That the further consideration of this them; and the report was read, and ordered to lie bill be postponed. on the table.

The Senate resumed the consideration of the Mr. King reported, from the committee to whom motion, made on the 11th instant, that a commitwas referred the bill, entitled " An act for the re-tee be appointed on the subject of destroyed certifilief of Jose Roiz Silva," that the bill pass; and, cates. Whereupon, after debate,

Ordered, That Mr. King have permission to Ordered, That the consideration of this bill be introduce a bill reviving, for a limited time, the postponed until Monday next.

act, entitled " An act limiting the time for presentMr. Ross, from the committee to whom was ing claims for destroyed certificates of certain referred the memorial of the clerks under the Go- descriptions.” vernment of the United States, reported a bill Ordered, That the Secretary of the Senate demaking an extra allowance to certain clerks in the liver to the Chairman of the Committee of the public offices, and to the widows of certain de House of Representatives, on the subject of ceased clerks; which was read, and ordered to a Weights and Measures, the Standards transmitted, second reading

by order of the Committee of Public Safety of Mr. STRONG, from the committee to whom was France, to the PRESIDENT OF THE UNITED STATES, referred the memorial of Anthony Walton White, and, with his Message, transmitted to Congress, reported a bill authorizing the settlement of his during the last session. demands against the United States; which was The Senate resumed the second reading of the read, and ordered to a second reading.

bill, sent from the House of Representatives, for On motion,

concurrence, entitled: "An act for the relief of “That a committee be appointed to bring in a bill Jose Roiz Silva.” reviving, for a limited time, the act, entitled “ An act Ordered, That this bill pass to a third reading. limiting the time for presenting claims for destroyed The Senate proceeded to the consideration of certificates of certain descriptions :"

the report of the committee, to whom was referIt was agreed that the motion lie for considered the letter of the Governor, and the memorial ration.

of the Representatives, of the State of Kentucky, with the papers accompanying them; and, after

debate, MONDAY, March 14.

Ordered, That the further consideration thereMr.LIVERMORE presented the memorial of Cath-of be postponed until to-morrow. arine Greene, widow of General Greene, praying the interposition of Congress in respect to a decree of the Court of Equity of the State of South

Tuesday, March 15. Carolina, obtained by Harris and Blackford, merchants, of Great Britain, against the heirs of her PRESIDENT OF THE UNITED STATES :

The following Message was received from the late husband ; which was read, and ordered to lie Gentlemen of the Senate, and on the table. The Vice PresIDENT laid before the Senate a

of the House of Representatives : Report of the Secretary for the Department of the provide a Naval Armament,” it is enacted, “ That, if a

By the ninth section of the act, entitled " An act to Treasury, with a return of exports for the year peace should take place between the United States and ending 30th September, 1795.

the Regency of Algiers, that no further proceedings be The report was read and ordered to lie for con- had under this act." sideration.

The peace which is here contemplated having taken

MARCH, 1796.]

Proceedings.

[SENATE.

place, it is incumbent upon the Executive to suspend Ordered, That the consideration of the report all orders respecting the building of the frigates, pro- of the committee, to whom was referred the letter curing materials for them, or preparing materials al of the Governor, and the memorial of the Repreready obtained, which may be done without entrench- sentatives, of the State of Kentucky, with the paing upon contracts and agreements, made and entered pers accompanying them, be further postponed. into before this event. But, inasmuch as the loss which the public would motion made the 14th instant, respecting the re

The Senate resumed the consideration of the incur might be considerable, from the dissipation of turns from the Department of Treasury, of imworkmen, from certain works or operations being suddenly dropped or left unfinished, and from the derange- ports, exports, and tonnage: whereupon, ment in the whole system, consequent upon an imme

Resolved, That so much of the resolution of the diate suspension of all proceedings under it; I have Senate of the tenth day of February last

, as retherefore thought advisable, before taking such a step, quires the statements therein mentioned to be reto submit the subject to the Senate and the House of ported to the Senate, in the month of January, Representatives, that such measures may be adopted, in annually, and to be made up to the first day of Octothe premises, as may best comport with the public ber next preceding, be repealed; and that the said interest.

statements be reported to the Senate in the month G. WASHINGTON. of December, annually, and made up to the first UNITED STATES, March 15, 1796.

day of October, of the year preceding such reports. The Message was read and ordered to lie for

Ordered, That the Message of the PRESIDENT

OF THE UNITED States, of the 15th instant, reconsideration. The bill sent from the House of Representa

specting the equipment of the frigates, be referred tives, for concurrence, entitled “ An act for the to Messrs. BINGHAM, Read, and Cabot, to conrelief of Jose Roiz Silva," was read the third time,

sider and report thereon to the Senate. and passed. Mf. STRONG, from the committee to whom was

Thursday, March 17. referred the bill, entitled “ An act for the relief of

The bill making an extra allowance to certain certain officers and soldiers who have been wound-clerks in the public offices, and to the widows of ed or disabled in the actual service of the United certain deceased clerks, was read the third time. States," reported that the bill pass without amend On motion to insert the names of William Lamment; whereupon, the bill was ordered to a third bert and Bernard Webb, it passed in the negative. reading.

On motion to strike out one hundred dollars," The second reading of the bill authorizing the the provision for the widows of deceased clerks, settlement of the demands of Anthony Walton for the purpose of inserting a larger sum, it passed White, against the United States, was resumed; in the negative. and, on the question to agree to the enacting clause Resolved, That this bill pass ; that it be engrossin the bill, it passed in the negative. So the bill ed; and that the title thereof be " An act making was rejected.

an extra allowance to certain clerks in the public On motion, it was agreed that the motion made offices, and to the widows of certain deceased yesterday, respecting returns from the Depart- clerks." ment of Treasury, of imports, exports, and ton Mr. BINGHAM reported, from the committee to nage, should be further postponed.

whom was referred the Message of the PresiThe Senate resumed the consideration of the dent of the UNITED STATES, of the 15th instant, report of the committee, to whom was referred the respecting the equipment of the frigates. The reletter of the Governor, and the memorial of the port was read, and ordered to lie on the table. Representatives, of the State of Kentucky, with

The Senate resumed the consideration of the the papers accompanying them; and, after de- report of the committee to whom was referred bate, the Senate adjourned.

the letter from the Governor, and the memorial of the Representatives, of the State of Kentucky,

with the papers accompanying them, which is as WEDNESDAY, March 16.

follows: The Vice PRESIDENT laid before the Senate a “That the representatives of the freemen of KenReport from the Secretary for the Department of tucky state, in their memorial, that, in February, 1795, War, on the case of certain invalid pensioners of a pamphlet was published by George Muter and Benthe State of Massachusetts; which was read and jamin Sebastian, (who were two Judges of the Court of ordered to lie for consideration.

Appeals,) in which they say that Humphrey Marshall The bill, sent from the House of Representa- had a suit in chancery, in the said Court of Appeals, tives for concurrence, entitled “ An act for the re-in which it appearing manifest, from the oath of the lief of certain officers and soldiers, who have been from documents furnished by himself, and from the

complainant, from disinterested testimony, from records, wounded or disabled in the actual service of the contradictions contained in his own answer, that he United States," was read the third time, and passed. had committed a gross fraud, the Court gave a decree

The Senate resumed the second reading of the against him ; and that, in the course of the investigation, bill making an extra allowance to certain clerks he was publicly charged with perjury. That Mr. in the public offices, and to the widows of certain Marshall, in a publication in the Kentucky Gazette, deceased clerks; and, having agreed to an amend called for a specification of the charge; to which the ment, the bill was ordered to a third reading. said George Muter and Benjamin Sebastian, in a like

SENATE.]

Proceedings.

[March, 1796. publication, replied, that he was guilty of perjury in his port, a motion was made to amend the part proanswer to the bill in chancery, exhibited against him posed to be struck out by expunging these words: by James Wilkinson, and that they would plead justi- * of two men who take no pains to conceal their fication to any suit brought against them therefor. That personal resentmeat,” and it was agreed that this no such suit, as the said Representatives could learn, motion was not in order. had been brought. The said Representatives further A motion was made to divide the original mosay, that they do not mean to give an opinion on the tion for striking out, and retain the words from justice of the said charge, but request that an investi- “if in the present case,” inclusive, to the word, “ Your committee observe that the

said suit was tried innocent," at the end of the first paragraph ; and,

after debate, the Senate adjourned. 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

Friday, March 18. and the Judges of the said Court, relating to the same

Mr. VINING presented the petition of Charles suit.

“ The Representatives of Kentucky have not furnished King and others, citizens of the State of Delaware,
any copy of Mr. Marshall's answer on oath, nor have praying the establishment of an office to license
they stated any part of the testimony, or produced any register, enter, and clear vessels, more conveni-
of the said records or documents, or the copy of any ently placed than at Wilmington ; which petition
paper, in the cause, nor have they intimated a de- was read, and referred to Messrs. VINING, Henry,
sign to bring forward those or any other proofs. and BINGHAM, to consider and report thereon to

* Your committee are informed by the other Senator the Senate.
and two Representatives in Congress, from Kentucky, The Senate resumed the consideration of the
that they have not been requested by the Legislature report of the committee to whom was referred the
of that State to prosecute this inquiry, and that they are letter from the Governor, and the memorial of the
not possessed of any evidence in the case, and that they Representatives of the State of Kentucky, with
believe no person is authorized to appear on behalf of the papers accompanying them, together with the
the Legislature.

motion made thereon, and under debate yesterday ;
“Mr. Marshall is solicitous that a full investigation of and a motion was made to amend the motion by
the subject should take place in the Senate, and urges expunging from the report all that follows the
the principle that consent takes away error, as apply- words the memorial could not be sustained."
ing on this occasion, to give the Senate jurisdiction; And, after debate, the Senate adjourned.
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

SATURDAY, March 19. Senate would be improper. If there were no objections The Senate resumed the consideration of the of this sort, the committee would still be of opinion report of the committee to whom was referred the that the memorial could not be sustained. They think letter from the Governor, and the memorial of the that, in a case of this kind, no person can be held to an. Representatives of the State of Kentucky, with swer for an infamous crime, unless, on a presentment the papers accompanying them; also, the motion or indictment of a grand jury, and that, in all such pros: made thereon, and under debate yesterday, toecutions, the accused ought to be tried by an impartial jury of the State and district wherein the crime shall gether with the motion for amendment, by exhave been committed. "If

, in the present case, the par- punging from the report all that follows the words ty has been guilty in the manner suggested, no reason

the memorial could not be sustained ;" and a has been alleged, by the memorialists, why he has not motion was made to postpone the report, and the long since been tried in the State and district where he motions made thereon, and to take into consideracommitted the offence. Until he is legally convicted, tion the following resolution : the principles of the Constitution and of the common “Whereas the honorable the Legislature of the State law concur in presuming that he is innocent. And the of Kentucky have, by their memorial, transmitted by committee are compelled, by a sense of justice, to de- the Governor of said State, informed the Senate that clare, that, in their opinion, this presumption in favor Humphrey Marshall, a Senator from the said State, of Mr. Marshall is not diminished by the recriminat- | had been publicly charged with the crime of perjury, ing publications of two men, who take no pains to con- and requested that an inquiry might be thereupon inceal their personal resentment against him.

stituted, in which request the said Humphrey Marshall “ Whatever motives induced the Legislature of Ken- has united ; and it being highly interesting, as well to tucky to call the attention of the Senate to the above the honor of the said State as to that of the Senate, and mentioned publications, the committee are of opinion an act of justice due to the character of the said Humthat, as the Constitution does not give jurisdiction to phrey Marshall that such inquiry should be had : therethe Senate, the consent of the party cannot give it, and fore, that, therefore, the said memorial ought to be dismissed.” “ Resolved, That the Senate will proceed to the ex

amination of the said charge on the On motion to postpone the consideration of the next session of Congress; that, in the opinion of the

day of the report until to-morrow, it passed in the negative, Senate, a conviction or acquittal in the ordinary courts and, after debate, on motion to reconsider the of justice of the said State would be the most satisfacquestion for postponement, it passed in the ne- tory evidence on this occasion ; but that, if this should gative.

not be attainable, by reason of any act of limitation or On motion to expunge all the words from "if in other legal impediment, such other evidence will be rethe present case," inclusive, to the end of the re-ceived as the nature of the case may admit and require

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