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Proceedings.

Marca, 1796.]

[SENATE.

Resolved, That the Vice President be requested to a bill, entitled "An act to continue in force 'An transmit a copy of the foregoing resolution to the Go-act for ascertaining the fees in Admiralty proceed-' vernor of the said State."

ings in the District Courts of the United States, And, after debate, the Senate adjourned. and for other purposes;" and a bill, entitled, “ An

act for the relief of Henry Messonnier;" in which MONDAY, March 21.

bills they desire the concurrence of the Senate. A message from the House of Representatives

The bills last mentioned were read, and ordered informed the Senate that the House have passed

to a second reading. a bill, entitled " An act authorizing and directing

1 The Senate resumed the consideration of the the Secretary of War to place certain persons

report of the committee to whom was referred the therein pamed on the pension list;" and a "Reso

letter from the Governor, and the memorial of the lution directing further returns in the cases of

Representatives of the State of Kentucky, with claimants for invalid pensions ;" in which bill and

the papers accompanying them. resolution they desire the concurrence of the Se

On the question to expunge these words : “if nate.

there were no objections of this sort, the commitThe Senate resumed the consideration of the

tee would still be of opinion that the memorial motion, made on the 19th instant, to postpone the could not be sustained,” it passed in the negative report of the committee to whom was referred the On the question to expunge the following words: letter from the Governor, and the memorial of “They think that in a case of this kind no person the Representatives of the State of Kentucky, can be held to answer for an infamous crime unless on with the papers accompanying them, together a presentment or indictment of a grand jury, and that with the motions of amendment made thereon, in in all such prosecutions the accused ought be tried order to consider the following resolution :

by an impartial jury of the State and district wherein “ Whereas the honorable the Legislature of the State

the crime shall have been committed. If in the present of Kentucky have, by their memorial, transmitted by the

case the party has been guilty, in the manner suggested, Governor of the said State, informed the Senate that

no reason has been alleged why he has not long since Humphrey Marshall, a Senator from the said State, had

been tried in the State and district where he committed

the offence. Until he is legally convicted, the princibeen publicly charged with the crime of perjury, and

ples of the Constitution and of the common law concur requested that an inquiry might be thereupon instituted, in which request the said Humphrey Marshall has

in presuming that he is innocent :" united ; and it being highly interesting, as well to the It passed in the negative. honor of the said State as to that of the Senate, and an | On motion, it was agreed to amend the next act of justice due to the character of the said Humphrey paragraph, to read as follows: Marshall that such inquiry should be had: therefore, “ And the committee are compelled, by a sense of

Resolved, That the Senate will proceed to the ex-justice, to declare that, in their opinion, this presumpamination of the said charge on the day of the tion in favor of Mr. Marshall is not diminished by renext session of Congress; that, in the opinion of the criminating publications, which manifest strong resentSenate, a conviction or acquittal in the ordinary courts ment against him." of justice of the said State would be the most satisfac

And on the question to expunge the paragraph, tory evidence on this occasion; but that, if this should

as amended, it passed in the negative. not be attainable, by reason of any act of limitation or other legal impediment, such other evidence will be re

On motion, it was agreed to amend the lastceived as the nature of the case may admit and require. clause of the report to read as follows:

Resolved, That the Vice President be requested to | “And they are also of opinion that, as the Constitutransmit a copy of the foregoing resolution to the Go- tion does not give jurisdiction to the Senate, the consent vernor of the said State."

of the party cannot give it ; and that, therefore, the said And, on the question for postponement, it pass memorial ought to be dismissed.” ed in the negative-yeas 7, pays 17, as follows: On motion to expunge the clause last agreed to

YEAS.-Messrs. Bloodworth, Brown, Burr, Lang. be amended, it passed in the negative-yeas 7, don, Mason, Robinson, and Tazewell.

nays 16, as follows: Nars.—Messrs. Bingham, Bradford, Cabot, Foster, YEAS.—Messrs. Bloodworth, Burr, Langdon, Martin, Frelinghuysen, Gunn, Henry, Latimer, Livermore, Mason, Robinson, and Tazewell. Martin, Paine, Read, Ross, Rutherfurd, Strong, Trum- NarS.—Messrs. Bingham, Bradford, Cabot, Foster, bull, and Vining.

Frelinghuysen, Gunn, Henry, Latimer, Livermore,

Paine, Read, Ross, Rutherfurd, Strong, Trumbull, and TUESDAY, March 22.

Vining." The bill sent from the House of Representatives Mr. Brown requested and was excused from for concurrence, entitled " An act authorizing and voting on the question. directing the Secretary of War to place certain On motion, it was agreed to amend the last papersons therein named on the pension list," was ragraph but two of the report, beginning with the read, and ordered to a second reading.

words, “ If in the present case," by inserting the The resolution directing.further returns in the words" by the memorialists,” after the word “alcases of claimants for invalid pensions, was read, leged.” and ordered to lie for consideration.

On the question to adopt the report, as amendA message from the House of Representatives ed, it passed in the affirmative-yeas 16, nays 8, as informed the Senate that the House have passed I follows:

SENATE.]

Proceedings.

[MARCH, 1796.

Yeas.-Messrs. Bingham, Bradford, Cabot, Foster, of the State and district wherein the crime shall have Frelinghuysen, Gunn, Henry, Latimer, Livermore, been committed. If, in the present case, the party has Paine, Read, Ross, Rutherfurd, Strong, Trumbull, and been guilty in the manner suggested, no reason has Vining.

been alleged by the memorialists why he has not long NAY8.-Messrs. Bloodworth, Brown, Burr, Langdon, since been tried in the State and district where he comMartin, Mason, Robinson, and Tazewell.

mitted the offence. Until he is legally convicted, the So the report was adopted, as follows:

principles of the Constitution and of the common law, “ The committee to whom were referred the letter of committee are compelled, by a sense of justice, to de

concur in presuming that he is innocent. And the the Governor, and the memorial of the Representa clare that, in their opinion, the presumption in favor of tives of Kentucky, with the papers accompanying Mr. Marshall is not diminished by the recriminating them, report : “ That the Representatives of the freemen of Ken- publications, which manifest strong resentment against

him. tucky state, in their memorial, that, in February, 1795, a

“And they are also of opinion that, as the Constitupamphlet was published by George Muter and Benja- tion does not give jurisdiction to the Senate, the conmin Sebastian, (who were two Judges of the Court of sent of the party cannot give it ; and that, therefore, the Appeals,) in which they say that Humphrey Marshall said memorial ought to be dismissed.” had a suit in chancery in the said Court of Appeals, in which it appearing manifest, from the oath of the com Resolved, that the Vice PRESIDENT of the plainant, from disinterested testimony, from records, United States be requested to transmit a copy of from documents furnished by himself, and from the con- the foregoing report to the Governor of Kentradictions contained in his own answer, that he had tucky. committed a gross fraud, the Court gave a decree

NAVAL ARMAMENT. against him ; and that, in the course of the investigation, he was publicly charged with perjury. That Mr. The report of the committee to whom was reMarshall

, in a publication in the Kentucky Gazette, ferred the communication from the PRESIDENT OF called for a specification of the charge; to which the The United States, on the subject of the Naval said George Muter and Benjamin Sebastian, in a like Armament, was read, as follows: publication, replied, that he was guilty of perjury in his

“ That it is the opinion of the committee it will be answer to the bill in chancery exhibited against him by expedient to authorize the President of the United States James Wilkinson, and that they would plead justifica- to cause to be completed, with all convenient expedition to any suit brought against them therefor. That tion, two of the said frigates of forty-four, and one of no such suit, as the said Representatives could learn, thirty-six guns. had been brought. The said Representatives further

“ That a discretionary power be committed to the say, that they do not mean to give an opinion on the President of the United States to cause the others to be justice of the said charge, but request that an investiga- finished, having a due regard to the existing price of lation may immediately take place relative thereto.

bor and materials. “ Your committee observe that the said suit was tried

“ That so much of the sum of six hundred and eighty. eighteen months before Mr. Marshall was chosen a eight thousand eight hundred and eighty-eight dolmember of the Senate, and that, previous to his elec- lars and thirty-two cents, as, by the act of June, 1794, tion, mutual accusations had taken place between him was appropriated to pay the expenses to be incurred by and the Judges of the said Court, relating to the same the act to provide a Naval Armament, remains unexsuit. “The Representatives of Kentucky. have not fur- sand dollars, appropriated for a provisional equipment

pended, as well as so much of the sum of eighty thounished any copy of Mr. Marshall's answer on oath, nor of galleys, by the before-recited act, be appropriated for have they stated any part of the testimony, or produced carrying into effect the provisions of the aforesaid resoany of the said records or documents, or the copy of any lution." paper, in the cause, nor have they intimated a design to bring forward those or any other proofs.

Whereupon, it was ordered, that the committee “ Your committee are informed by the other Sena- be instructed to bring in a bill conformable to the tor and the two Representatives in Congress from Ken- report of the committee. tucky, that they have not been requested by the Legislature of that State to prosecute this inquiry, and that

WEDNESDAY, March 23. they are not possessed of any evidence in the case, and that they believe no person is authorized to appear on Mr. BINGHAM, from the committee instructed behalf of the Legislature.

to that purpose, reported a bill supplementary to “Mr. Marshall is solicitous that a full investigation of an act, entitled' " Ån act to provide a Naval Arthe subject should take place in the Senate, and urges mament;" which was read, and ordered to seathe principle that consent takes away error, as applying, cond reading. on this occasion, to give the Senate jurisdiction; but, as The bill sent from the House of Representatives no person appears to prosecute, and there is no evidence for concurrence, entitled " An act for the relief of adduced to the Senate, nor even a specific charge, the Henry Messonnier," was read the second time, and committee think any further inquiry by the Senate referred to Messrs. BRADFORD, BINGHAM, and FREwould be improper. If there were no objections of this sort, the committee would still be of opinion that the LINGHUYSEN, to consider and report thereon to the memorial could not be sustained. They think that, in

Senate. a case of this kind, no person can be held to answer for

The Vice PresiDENT laid before the Senate a an infamous crime, unless on a presentment or indict Report from the Secretary of War, of the claims ment of a grand jury, and that, in all such prosecu- of four invalid pension applicants, forwarded by tions, the accused ought to be tried by an impartial jury the Judge of the District Court of Virginia, with

MARCH, 1796.)
Proceedings.

[SENATE sundry papers; which were read, and ordered to the Landgrave of Hesse Cassel; and that the republie for consideration.

lican Constitution, decreed by the National ConvenOrdered, That Messrs. Martin, LIVERMORE, tion, had been accepted by the people of France, and and BLOODWORTH, be a committee to bring in a was in operation. I also send you a copy of the anbill making certain provisions in regard to the swer given, by my direction, to this communication Circuit Court for the District of North Carolina. from the French Minister. My sentiments, therein ex

The bill, sent from the House of Representa- pressed, I am persuaded will harmonize with yours, and tives for concurrence, entitled “An act to continue with those of all my fellow-citizens. in force an act 'for ascertaining the fees in Ad

G. WASHINGTON. miralty proceedings in the District Courts of the

UNITED STATES, March 25, 1796. United States, and for other purposes," was read

The Message and papers therein referred to the second time, and ordered to a third reading.

were read, and ordered to lie for consideration.

Mr. Brown presented the memorial of Ebene

zer Zane, praying liberty to locate such military THURSDAY, March 24.

bounty lands, lying at the crossings of certain Mr. MARTIN, from the committee instructed to rivers, mentioned in the said memorial, as may be that purpose, reported a bill making certain pro- necessary to enable him to establish ferries and visions in regard to the Circuit Court for the dis- open a road through the Territory Northwest of trict of North Carolina; which was read, and, by the Ohio to the State of Kentucky; which meunanimous consent, the rule was dispensed with, morial was read. and the bill was read the second and third times, Ordered, That it be referred to Messrs. BROWN, and passed.

Ross, and LIVERMORE, to consider and report A message from the House of Representatives thereon to the Senate. informed the Senate that the House have passed a bill, entitled "An act for the relief of George

MONDAY, March 28. Knowel Jackson," and a bill entitled "An act declaring the consent of Congress to a certain act

The bill supplementary to an act, entitled "An of the State of Maryland, and to continue an act act to provide a Naval Armament,” was read the declaring the assent of Congress to certain acts third time, and passed. of the States of Maryland, Georgia, and Rhode

The bill, sent from the House of RepresentaIsland and Providence Plantations, so far as the tives for concurrence, entitled "An act authorizthe same respects the States of Georgia and ing and directing the Secretary of War to place Rhode Island and Providence Plantations ;" in certain persons therein named on the pension which bills they desire the concurrence of the list,” was read the second time, and referred to Senate.

Messrs. Tazewell, STRONG, and TRUMBULL, to The bills last mentioned were read, and ordered consider and report thereon to the Senate. to a second reading.

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 nate: United States, and for other purposes," was read

The bill, sent from the House of Representathe third time, and amended.

tives for concurrence, entitled "An act for the reResolved, That this bill pass as amended.

lief of George Knowel Jackson," was read the On motion, by Mr. Mason, it was agreed to re- second time, and referred to the last-mentioned consider the vote passed the 15th instant, on the committee, to consider and report thereon to the second reading of the bill authorizing the settle

Senate. ment of the demands of Anthony Walton White

The bill, sent from the House of Representaagainst the United States, and that the bill be still tives for concurrence, entitled "An act declaring considered as in its second reading.

the consent of Congress to a certain act of the State of Maryland, and to continue an act declar

ing the assent of Congress to certain acts of the Friday, March 25.

States of Maryland, Georgia, and Rhode Island The bill supplementary to an act, entitled “An and Providence Plantations, so far

as the same act to provide a Naval Armament," was read the respects the States of Georgia and Rhode Island second time, and amended.

and Providence Plantations," was read the second Ordered, That this bill pass to the third reading. time, and referred to Messrs. Henry, BRADFORD, The following Message was received from the and STRONG, to consider and report thereon to PRESIDENT OF THE UNITED STATES:

the Senate. Gentlemen of the Senate, and of the House of Representatives :

Tuesday, March 29. I send herewith, for your information, the translation A message from the House of Representatives of a Letter from the Minister Plenipotentiary of the informed the Senate that the House have passed French Republic to the Secretary of State, announcing a bill, entitled "An act for the relief and protecthe peace made by the Republic with the Kings of tion of American seamen," in which they desire Prussia and Spain, the Grand Duke of Tuscany, and the concurrence of the Senate.

Proceedings.

Senate.)

[April, 1796.

Mr. FRELINGHUYSEN presented the memorial of of the river Ohio, being part of the said papers referStephen Sayre, praying compensation for his time red, should lie for consideration. And that the act of and services as Secretary, acting under the Com- the State of Rhode Island, ratifying an amendment to missioners at Versailles, in the year one thousand the Constitution, respecting the suability of a State ; seven hundred and seventy-seven; which memo

also, an act of North Carolina, to the same effect; and rial was read, and ordered to lie on the table.

an act of the same State, ceding the jurisdiction of Shell The bill last brought from the House of Repre

nre | Castle Island, for the purpose of erecting a beacon, besentatives for concurrence was read, and ordered

ing the residue of the said papers referred, should lie

for the information of the Senate.” to a second reading.

Mr. Tazewell reported from the committee to The report was read. whom was referred the bill, sent from the House of Representatives for concurrence, entitled "An

Friday, April 1. act for the relief of George Knowel Jackson;" and the report was adopted. Whereupon,

A message from the House of Representatives Resolved, That this bill do not pass.

informed the Senate that the House have passed The following Message was received from the a bad entitled "An act authorizing a loan for the PRESIDENT OF THE UNITED STATES:

use of the City of Washington, in the District of

Columbia, and for other purposes therein menGentlemen of the Senate: I send herewith a copy of the Treaty of Friendship,

tioned;" a bill, entitled "An act authorizing the Limits, and Navigation, between the United States and

erection of a light-house on Baker's Island, in the His Catholic Majesty, which has been ratified by me,

State of Massachusetts ;" and a bill, entitled "An with your advice and consent. A copy of the Treaty

act to provide for the widows and orphans of cerwill be immediately communicated to the House of Re- tain officers who have died of wounds, received presentatives; it being necessary to make provision, in in the service of the United States, since the fourth the present session, for carrying into execution the third of March, one thousand seven hundred and eightyand twenty-first articles, particularly the former ; seeing nine;" in which bills, severally, they desire the that execution must commence before the next meeting concurrence of the Senate. of Congress.

The bills last brought from the House of ReEstimates of the moneys necessary to be provided for presentatives for concurrence were read, and orthe purposes of this and several other Treaties with fo

| dered to a second reading. reign nations and the Indian tribes, will be laid before The Vice President laid before the Senate a you by the proper Department,

Letter from the Hon. Oliver Wolcott, Lieutenant G. WASHINGTON.

Governor of the State of Connecticut, in answer The Message was read, and ordered to lie for to the notification from the Senate that the seat consideration.

of the Hon. OLIVER ELLSWORTH is vacated by Mr. BRADFORD reported, from the committee tol his appointment to the office of Chief Justice; whom was referred the bill, sent from the House which letter was read, and ordered to lie on file. of Representatives for concurrence, entitled "An | Mr. Cabos, from the committee to whom was act for the relief of Henry Messonnier," that the referred the bill to regulate the compensation of bill do not pass.

clerks, reported amendments; which were read, Ordered, That the report lie until to-morrow and ordered to lie for consideration. 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 conWednesday, March 30

sideration. The bill, sent from the House of Representa- The Vice President laid before the Senate a tives for concurrence, entitled "An act for the re-confidential communication from the Secretary lief and protection of American seamen," was read of the Department of State, with sundry estithe second time. On motion, that the bill be re- | mates referred to in the Message of the PRESIDENT ferred to a committee, it passed in the negative. OF THE UNITED STATES of the 29th of March

Ordered, That this bill lie on the table. last; which were read, and ordered to lie for con

Mr. CABOT, from the committee, reported a bill sideration. 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

Monday, April 4. second reading.

The bill, sent from the House of Representa

tives for concurrence, entitled "An act authorizing Thursday, March 31.

a loan for the use of the City of Washington, in

the District of Columbia, and for other purposes Mr. LIVERMORE reported, from the committee therein mentioned,” was read the second time, and to whom were referred the Message from the PRE- referred to Messrs. King, HENRY, and TAZEWELL, SIDENT OF THE UNITED STATes of the 29th of Ja- to consider and report thereon to the Senate. nuary last, with the papers accompanying the The bill, sent from the House of Representasame

tives for concurrence, entitled "An act to provide “That the laws and journals of the respective Ter- for the widows and orphans of certain officers who ritories of the United States Northwest and Southwest have died of wounds received in the service of

APRIL, 1796.]

Proceedings.

[SENATE.

the United States, since the 4th of March, one siderable trouble and expense, explored, and in part thousand seven hundred and eighty-nine," was opened, a road Northwest of the river Ohio, between read the second time, and referred to Messrs. Wheeling and Limestone, which, when completed, will STRONG, HENRY, and LIVERMORE, to consider and greatly contribute to the accommodation of the public, report thereon to the Senate.

as well as of individuals. But, that several rivers inThe Vice PRESIDENT laid before the Senate an tervening, the road proposed cannot be used with safety, abstract from the Department of Treasury, to the until ferries shall be established thereon. That the pe2d instant, of the compensations of certain officers, titioner will engage to have such ferries erected, proemployed in the collection of the duties of impost the property of the United States. And therefore prays

vided he can obtain a right to the land which is now and tonnage ; which was read, and ordered to lie that he may be authorized to locate, and survey, at his for consideration. The bill, sent from the House of Representa- land at Muskingum, Hockhocking, and Sciota rivers,

own expense, military bounty warrants, upon as much tives for concurrence, entitled “ An act author- as may be sufficient to support the necessary establishizing the erection of a light-house on Baker's ments; and that the same be granted to him by the Island, in the State of Massachusetts, was read United States. the second and third times, and passed.

“That they, having received satisfactory information The Senate resumed the second reading of the in support of the above statement, are of opinion that bill, sent from the House of Representatives for the proposed road will be of general utility, that the concurrence, entitled "An act for the relief and petitioner merits encouragement, and that his petition protection of American searaen;" and, after de- being reasonable, ought to be granted. bate, the Senate adjourned.

“The committee therefore submit the following resolution :

Resolved, That the petition of Ebenezer Zane is Tuesday, April 5.

reasonable; that he be authorized to locate warrants The Senate resumed the second reading of the granted by the United States for military services, upon bill, sent from the House of Representatives for three tracts of land, not exceeding one mile square concurrence, entitled “An act for the relief and each, at Muskingum, Hockhocking, and Sciota, where protection of American seamen."

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. On motion, it was agreed that this report be And it was agreed to postpone the further consi- adopted, and that the committee who were apderation of the bill until Thursday next. pointed on the petition be instructed to bring in a

A message from the House of Representatives bill accordingly. informed the Senate that the House insist on their A message from the House of Representatives disagreement to sundry amendments of the Sen- informed the Senate that the House have passed ate to the bill, entitled " An act for establishing a bill, entitled “ An act providing for the sale of trading houses with the Indian tribes," ask a con- the lands of the United States in the Territory ference thereon, and have appointed managers at Northwest of the river Obio, and above the mouth the same on their part.

of Kentucky river;" in which they desire the conThe Senate took into consideration the resolu- currence of the Senate.' tion of the House of Representatives, insisting on

The bill last mentioned was read, and ordered their disagreement to sundry amendments of the to a second reading. Senate to the bill, entitled "An act for establish The Senate proceeded to the consideration of ing trading houses with the Indian tribes,” and the report of the committee to whom was referred asking a conference thereon,

the bill, entitled "An act for the relief of Henry Resolved. That the Senate agree to the pro-Messonnier.” And, after debate, the further conposed conference, and that Messrs. Ross and King sideration thereof was postponed. be managers at the same on their part.

Mr. Brown, from the committee instructed for The Senate proceeded to the consideration of the purpose, reported a bill to authorize Ebenezer the report of the committee to whom was referred Zane to locate certain lands in the Territory of the bill to regulate the compensation of clerks, the United States Northwest of the river Ohio; and having agreed thereto, and amended the bill which was read, and ordered to a second reading. accordingly, it was read the third time, and passed.

THURSDAY, April 7.
WEDNESDAY, April 6.

The bill to authorize Ebenezer Zane to locate

certain lands in the Territory of the United States Mr. Tazewell reported, from the committee to Northwest of the river Ohio, was considered. whom was referred, the bill

, entitled " An act au Ordered, That the second reading of this bill thorizing and directing the Secretary of War to be the order of the day for Monday next.

place certain persons therein named on the pen The Senate resumed the second reading of the ·sion list;" which was read, and ordered to lie for bill, sent from the House of Representatives, for consideration.

concurrence, entitled “An act for the relief and The committee to whom was referred the peti- protection of American seamen." tion of Ebenezer Zane, states

On motion, that it be committed, it passed in « That the petitioner sets forth, that he hath, at con- the affirmative-yeas 12, nays 10, as follows:

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