CABOT had permission to introduce a bill providing passports for the ships and vessels of the United States; which bill was read, and ordered to a second reading.

On motion, it was agreed, by unanimous consent, that Mr. STRONG have permission to introduce a bill to continue in force, for a limited time, the acts therein mentioned.

Mr. BINGHAM reported, from the committee to whom was recommitted the bill, entitled "An act making provision for the payment of certain debts of the United States; which report was in part rejected; and, after debate, the further consideration of the report was postponed.

The Senate resumed the consideration of the report of the committee to whom was referred the Message of the PRESIDENT OF THE UNITED STATES. of the 8th of April last, respecting a new State South of the river Ohio.

Ordered, That the further consideration thereof be postponed.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to prevent the sale of prizes brought into the United States, by vessels belonging to any foreign Prince or State;" in which they desire the concurrence of the Senate.

They recede from their amendment, disagreed to, by the Senate, to their amendment to the bill, entitled "An act providing for the sale of the lands of the United States in the Territory North west of the river Ohio, and above the mouth of Kentucky river."

The bill last brought from the House of Representatives for concurrence was read, and ordered to a second reading.

FRIDAY, May 13.

[MAY, 1796.

the collection of the duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," reported amendments.

The Senate resumed the consideration of the report of the committee to whom was referred the bill, entitled "An act making provision for the payment of certain debts of the United States;" and, after debate, the further consideration thereof was postponed.

The Senate resumed the consideration of the report of the committee to whom was referred the Message of the PRESIDENT OF THE UNITED STATES, of the 8th of April last, respecting a new State South of the river Ohio; together with the motion for amendment on the 11th instant under consideration; and a motion was made to postpone the proposed amendment to the report, in order to introduce a more general one; and, after debate, the Senate adjourned.

SATURDAY, May 14.

The bill, sent from the House of Representatives for concurrence, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," was read the third time.

On motion to subjoin the following to the end of the third section:"

"Provided, that the said penalty shall not be inflicted on any person or persons who may have crossed the line in search of stray horses, cattle, or any other stock :" It passed in the negative-yeas 11, nays 13, as follows:

YEAS. Messrs. Bloodworth, Brown, Burr, Butler, Gunn, Henry, Langdon, Martin, Robinson, Tattnall, and Tazewell.

NAYS-Messrs. Bingham, Bradford, Cabot, King, Latimer, Livermore, Marshall, Potts, Read, Ross, Ruth

The bill, sent from the House of Representatives for concurrence, entitled "An act authoriz-erfurd, Strong, and Trumbull. ing the erection of a light-house on Cape Cod, in the State of Massachusetts," was read the third time and passed.

The bill providing passports for the ships and vessels of the United States, was read the second time, and the further consideration thereof postponed.

The Senate proceeded to consider the report of the committee to whom was referred the bill, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers;" and the report of the committee being adopted, the bill was ordered to a third reading. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act relative to quarantine," in which they desire the concurrence of the Senate. The bill, entitled "An act relative to quarantine," was read twice,and referred to Messrs. RUTHERFURD, BINGHAM and LANGDON, to consider and report thereon to the Senate.

Mr. POTTS, from the committee to whom was referred the bill, entitled "An act in addition to an act, entitled An act supplementary to the act, entitled, 'An act to provide more effectually for

On motion to expunge from the 2d and 3d lines of the 3d section, the words "South of the river Ohio," it passed in the negative.

On motion to expunge the 3d section, which is as follows:

"SEC. 3. And be it further enacted, That, if any such citizen or other person shall go into any country which is allotted or secured by Treaty, as aforesaid, to any of the Indian tribes, South of the river Ohio, without a passport first had and obtained, from the Governor of some one of the United States, or the officer of the troops of the United States commanding at the nearest post on the frontiers, or such other person as the President of the United States may, from time to time, authorize to grant the same, shall forfeit a sum not exceeding fifty dollars, or be imprisoned not exceeding three months:"

It passed in the negative-yeas 11, nays 14, as follows:

YEAS. Messrs. Bloodworth, Brown, Burr, Butler, Gunn, Langdon, Marshall, Martin, Robinson, Tattnall, and Tazewell.

NAYS.-Messrs. Bingham, Bradford, Cabot, Foster, Henry, King, Latimer, Livermore, Potts, Read, Ross, Rutherfurd, Strong, and Trumbull.

The question on the bill was determined in the
affirmative-yeas 17, nays 8, as follows:
YEAS.-Messrs. Bingham, Bradford, Cabot, Foster,
Henry, King, Langdon, Latimer, Livermore, Marshall,
Martin, Potts, Read, Ross, Rutherfurd, Strong, and

Trumbull.

NAYS.-Messrs. Bloodworth, Brown, Burr, Butler, Gunn, Robinson, Tattnall, and Tazewell.

So it was Resolved, That this bill pass. The bill to continue in force, for a limited time, the acts therein mentioned, was read the second and third times, and passed.

The bill, sent from the House of Representatives for concurrence, entitled "An act to prevent the sale of the prizes brought into the United States by vessels belonging to any foreign Prince or State," was read the second time, and referred to Messrs. READ, BURR, and CABOT. to consider and report thereon to the Senate.

The Senate resumed the consideration of the report of the committee to whom was referred the Message of the PRESIDENT OF THE UNITED STATES, of the 8th of April last, respecting a new State South of the river Ohio; together with the motion for amendment, made on the 11th; and on the question to agree to the proposed amendment, it passed in the negative.

On motion, it was agreed to amend the report by inserting, after the first paragraph, immediately subsequent to the words "original States," these

words:

"On the 9th of July, 1787, the State of South Carolina ceded, without any condition whatever, their claims to all lands lying between the Mississippi and the ridge of mountains which divides the Western from the Eastern waters; the same being South of, and contiguous to, the Territory ceded by North Carolina, and uninhabited except by Indians."

Also, to add, after the words "act of cession," in the second instance, the words "of North Carolina ;" and, in the same line, to strike out the word "same," and insert "Territory thereby ceded." It was further agreed, to expunge the words. "ceded by North Carolina," and insert, "South of the Ohio."

On motion to expunge the whole of the report, after the word "district," and to substitute he following:

[SENATE.

"The persons so chosen, met in Convention, on the 11th of January, 1796, declared the people of that part of the said Territory which was ceded by North Carolina to be a free and independent State, by the name of the State of Tennessee, (a great majority of the said inhabitants having expressed their wish to form together one State,) and for their permanent Government, expressly recognising the aforesaid Ordinance of Congress, formed a Constitution consistent with the principles and articles thereof.

"By the provisions of the Constitution, so formed, the Legislature thereby directed to be chosen was required to meet on the last Monday in March then next, for the avowed purpose of obtaining a representation in Congress during the present session. The Legislature met accordingly, and the temporary Government established in the said Territory has ceased and been suspended. Due notice of all the aforesaid acts and proceedings has, from time to time, been given by the Governor of the said Territory to the Government of the United States, and no dissatisfaction thereupon expressed by the latter.

66

Upon the preceding state of facts, the committee remark, 1st. That, although Congress have not, by any formal and direct act declared that the Territory South of the Ohio should, for the purpose of permanent Government, be one State; yet, inasmuch as it doth appear to be the desire of a great majority of the inhabitants thereof, that so much of the said Territory as is contained within the cession of North Carolina should be formed into one State; and, as the Government of the United States hath acquiesced in the proceedings founded on that idea: considering, also, the dissatisfaction and temporary anarchy which would probably be produced by the attempt to dissolve the permanent Government, so formally established, and to divide the said Territory into two or more States, subject to the temporary Government of the United States: it doth appear to the committee to be highly expedient, if not obligatory on the United States, to lay out into one State the whole of the Territory ceded by North Carolina.

"2d. That, although the law directing the said census doth not, so far as regards the enumeration of transient persons, provide the check contained in the act for the enumeration of the inhabitants of the United States; yet, seeing that the said law was passed, and made with the assent of the Governor and Council appointed by, and removable at, the pleasure of the Government of the United States, and executed by officers also appointed by the same authority-seeing that no material error in fact can probably have been made by "In the year 179-, proofs satisfactory to the Govern- reason of the supposed inaccuracy of the said law, and or of the said Territory having been given that there that, by the enumeration aforesaid, there doth appear were more than five thousand free male inhabitants in to have been, in the month of November, 1795, upthe said last last-mentioned Territory, Representatives wards of 67,000 free inhabitants, and upwards of 10,000 were chosen, and a Government organized, pursuant to slaves, in the said Territory, the committee are of opinthe provision of the said ordinance in such case declared; ion that the census, so taken, is and ought to be deemthe Governor and Council being appointed by, and re-ed satisfactory evidence that the said Territory doth movable at the pleasure of, the President. On the 11th of July, 1795, an act was passed by the Legislature of the said Territory for taking a census of the inhabitants thereof; and it appearing, from the census so taken, that there were more than sixty thousand free inhabitants in the said Territory, the said Governor, on the 28th of November, 1795, issued his Proclamation, as by the said last-mentioned act is prescribed, requiring the said inhabitants to choose persons to represent them in Convention for the purpose of forming a Constitution or permanent form of Government.

contain 60,000 free inhabitants.

"The committee therefore recommend the following resolutions:

66

Resolved, That the Territory of the United States South of the Ohio, which hath been ceded by North Carolina, be one State, and that the same be and hereby is acknowledged as one of the United States, by the name of the State of Tennessee, and entitled to a representation in Congress, "on an equal footing with the original States in all respects whatsoever," according to the Constitution of the United States.

On motion, the Senate resumed the second read-vernor of the said Territory to the Government of the ing of the bill, entitled "An act making provision for the payment of certain debts of the United States."

On motion, to add at the end of the third section, in lieu of the proviso, the following words: YEAS. Messrs. Bloodworth, Brown, Burr, Butler, "And it shall be lawful for the Commissioners of the Henry, Langdon, Martin, Robinson, and Tazewell. Sinking Fund, if they shall find the same to be most NAYS.-Bingham, Bradford, Cabot, Foster, Gunn, advantageous, to sell such, and so many, of the shares King, Latimer, Livermore, Potts, Read, Ross, Rutherof the stock of the Bank of the United States, belong-furd, Strong, Tattnall, and Trumbull. ing to the United States, as they may think proper; and that they apply the proceeds thereof to the payment of the said debts, instead of selling certificates of stock, in the manner prescribed in this act :"

It passed in the affirmative—yeas 13, nays 12, Gunn, King, Latimer, Livermore, Potts, Read, Ross, YEAS. Messrs. Bingham, Bradford, Cabot, Foster, as follows:

MAY, 1796.] .

Proceedings.

[SENATE, 1796.

of territory; the inhabitants of which shall enjoy all the Representatives, and ascertaining a rule for the apporprivileges set forth in the Ordinance for the government tionment of direct taxes, must, by the Constitution, be of the Western Territory of the United States. By made by Congress, and cannot be made by the indivithe act for the government of the Territory of the Unit- dual States. And, as the rights of the original States, ed States South of the river Ohio, the whole of the said as members of the Union, are affected by the admission Territory, for the purpose of temporary Government, is of new States, the same principle which enjoins the made one district, and it is declared, that the inhabit-census of their inhabitants to be taken under the auants thereof shall enjoy all the privileges set forth in thority of Congress, requires the enumeration of the the Ordinance for the Government of the Territory of inhabitants of any new State laid out by Congress, in the United States Northwest of the Ohio. As, in the like manner to be made under their authority. Did Territory Northwest of the Ohio, it is necessary that the not the principles of the Constitution seem to leave same shall, by Congress, be laid out into States, accord- Congress without discretion on this point? Yet the ing to the conditions of the act of cession, or to the pro- propriety of the enumeration being made under their visions expressed in the Ordinance of Congress, and authority will be manifest, on comparing the fifth secthat such States shall each contain sixty thousand free tion of the law for the enumeration of the inhabitants inhabitants before they are entitled to be admitted into of the United States with the law under which the centhe Union; so, in the Territory South of the Ohio, Con- sus has lately been taken in the Territory South of the gress are obliged, by the act of cession of North Caro-Ohio. By this comparison it will be perceived that the lina, to lay out the the Territory thereby ceded into one or more States, the inhabitants of which, so soon as they shall amount to sixty thousand free persons, will be entitled to be admitted into the Union.

"Congress have declared that the whole of the Territory Northwest of the Ohio shall, for the purpose of temporary Government, compose one district; and, likewise, that the whole of the Territory South of the Ohio shall, for the like purpose, compose one district; but they have not definitively laid out the Territory Northwest of the Ohio into States, nor have they decided whether the Territory South of the Ohio shall be laid out into one or more States. If the district Northwest of the Ohio contained more than sixty thousand free inhabitants, it would not, from thence, follow that the District could demand admission as a new State into the Union, because the District must, by the terms of its cession, be previously divided into a number of States, the free inhabitants of each of which must amount to sixty thousand, before such State would have a right of admission into the Union; in like manner, although the District South of the river Ohio should contain sixty thousand free inhabitants, it cannot from thence be inferred, that the District, or that portion thereof, ceded by North Carolina, would have a right to be admitted as a new State into the Union, because Congress have not decided whether the same shall compose a single State, or be laid out into two or more States. The number of inhabitants which establishes a claim of admission must be the number of inhabitants of a State previously laid out, and defined in its boundaries by Congress, and not the number of inhabitants of a Territory which, for the purpose of temporary Government, composes a District which may be divided by Congress into several

States.

66 Hence results this conclusion:

That Congress must have previously enacted that the whole of the territory ceded by North Carolina, and which is only a part of the Territory of the United States South of the Ohio, should be laid out by Congress for one State, before the inhabitants thereof (admitting them to amount to sixty thousand free persons) could

claim to be admitted as a new State into the Union.

"Had the Territory South of the Ohio, which, for the purpose of temporary Government, composes one district, been laid out by Congress into one State, the enumeration of the inhabitants, in order to ascertain whether such State was entitled to be received into the Union, ought to have been made under the authority of Congress : For the enumeration of the inhabitants of the original States, for the purpose of apportioning the

guards against error, provided in the former law, are omitted in the latter, and that, instead of confining the enumeration to the free inhabitants of the Territory South of the Ohio, the law authorizes and requires the enumeration of all the people within the said Territory at any time within the term allowed to complete the same, including as well the persons casually within or passing through the said Territory, as the inhabitants thereof.

"From the preceding view of the subject, the committee are of opinion that the inhabitants of that part of the Territory South of the Ohio, ceded by North Carolina, are not at this time entitled to be received as a new State into the Union.

"But, as the said territory ceded by North Carolina may, by Congress, be laid out into one State, although, from the distance between its extreme parts, the inhabitants thereof may thereby be exposed to some inconvenience, and, as it appears to be the desire of a majority of the inhabitants of the said Territory to be received as a new State into the Union, the committee recommend that leave be given to bring in a bill laying out the whole of the said territory ceded by North Carolina into one State, and providing for an enumeration of the inhabitants thereof, in the manner prescribed in the act, entitled 'An act providing for the enumeration of the inhabitants of the United States,' passed on the 1st day of March, 1790."

Ordered, That the report be recommitted, and that the committee be instructed to bring in a bill accordingly.

vessels of the United States, was read the second The bill providing passports for the ships and

time and amended.

Ordered, That this bill pass to the third reading. The Senate proceeded to consider the report of the committee to whom was referred the bill, entitled "An act in addition to an act, entitled 'An act supplementary to the act, entitled 'An act to provide more effectually for the collection of the duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels;" which was adopted, and the bill amended accordingly.

Ordered, That this bill pass to the third reading. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making an additional allowance to certain public officers for the year

1796," in which they desire the concurrence of the Senate.

The bill last brought from the House of Representatives for concurrence, was read, and ordered to a second reading.

TUESDAY, May 17.

The bill providing passports for the ships and vessels 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 an additional allowance to certain public officers for the year 1796," was read the second time, and referred to Messrs. GUNN, BUTLER, BROWN, BURR, and STRONG, to consider and report thereon to the Senate.

The bill sent from the House of Representatives for concurrence, entitled "An act making provision for the payment of certain Debts of the United States," was read the third time.

On motion to expunge the clause, agreed to yesterday, in addition to the third section, as follows:

"And it shall be lawful for the Commissioners of the Sinking Fund, if they shall find the same to be most advantageous, to sell such and so many of the shares of the stock of the Bank of the United States, belong ing to the United States, as they may think proper; and that they apply the proceeds thereof to the payment of the said Debts, instead of selling certificates of stock, in the manner prescribed in this act :"

It passed in the negative-yeas 8, nays 12, as follows:

YEAS. Messrs. Bingham, Bradford, Cabot, Gunn, Latimer, Livermore, Strong, and Trumbull.

NAYS.-Messrs. Bloodworth, Brown, Butler, Henry, Langdon, Marshall, Martin, Potts, Robinson, Rutherfurd, Tattnall, and Tazewell.

On motion to insert, in the amendment agreed to yesterday, to the third section. after the word "proper," the following words: "so far as may be consistent with existing laws:" it passed in the negative—yeas 12, nays 13, as follows:

YEAS. Messrs. Bingham, Bradford, Burr, Cabot, Gunn, King, Latimer, Read, Ross, Rutherfurd, Strong, and Trumbull.

NAYS.-Messrs. Bloodworth, Brown, Butler, Foster, Henry, Langdon, Livermore, Marshall, Martin, Potts, Robinson, Tattnall, and Tazewell.

On motion to insert, after the word "that," section third, line first, these words: "for two millions of the aforesaid five millions :" it passed in the negative.

On motion, it was agreed to insert, at the end of the amendment to the first section, the following words: "and to sell the stock received for such loan."

On the question to agree to the bill as amended, it was determined in the affirmative-yeas 14, nays 10, as follows:

YEAS. Messrs. Bingham, Brown, Burr, Henry, Langdon, Latimer, Marshall, Martin, Potts, Robinson, Ross, Rutherfurd, Tattnall, and Tazewell.

[MAY, 1796.

NAYS-Messrs. Bradford, Butler, Cabot, Foster, Gunn, King, Livermore, Read, Strong, and Trumbull. So it was resolved that this bill pass as amended. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen ;" and a bill, entitled "An act altering the compensation of the Accountant of the War Department; in which they desire the concurrence of the Senate.

The bills last mentioned were severally read, and ordered to a second reading.

On motion, it was agreed, by unanimous consent, to dispense with the rule, and that the bill, entitled "An act regulating the grants of land appropriated for military services and for the Society of the United Brethren for propagating the Gospel among the Heathen," be now read a second time.

Ordered, That this bill be referred to Messrs. Ross, READ, and KING, to consider and report thereon to the Senate.

The bill sent from the House of Representatives for concurrence, entitled "An act in addition to an act, entitled An act supplementary to an act, entitled 'An act to provide more effectually for the collection of the duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," was read the third time, and sundry amendments agreed to. Ordered, That the further consideration thereof be postponed until to-morrow.

The Senate proceeded to consider the report of the committee to whom was referred the bill, entitled "An act to ascertain and fix the Military Establishment of the United States ;" and, after debate,

Ordered, That the bill, together with the amendments, be recommitted; and that Mr. Ross be of the committee in place of Mr. FRELINGHUYSEN, absent by permission; and the committee are instructed to report generally thereon.

WEDNESDAY, May 18.

The bill sent from the House of Representatives for concurrence, entitled "An act altering the compensation of the Accountant of the War Department," was read the second time, and referred to the committee appointed on the bill, entitled "An act making an additional allowance to certain public officers for the year 1796," to consider and report to the Senate.

Mr. BINGHAM, from the committee to whom was referred the memorial of the citizens of the United States who have suffered from French spoliations, reported:

66

That, considering the advanced period of the session, it will be expedient to refer the said memorial to the Secretary of State, in order that he may investigate the nature and extent of the claims exhibited therein, and report on the same at the next meeting of Congress."

And the report was adopted.