DECEMBER, 1790.]

Address to the President.

[H. OF R.

The preparatory steps taken by the State of Vir-rect our deliberations to the public welfare. Whatever ginia, in concert with the District of Kentucky, towards our success may be, we can at least answer for the ferthe erection of the latter into a distinct member of the vent love of our country, which ought to animate our Union, exhibit a liberality mutually honorable to the endeavors. In your co-operation, we are sure of a reparties. We shall bestow on this important subject source which fortifies our hopes that the fruits of the the favorable consideration which it merits, and with established Government will justify the confidence the national policy which ought to govern our decision, | which has been placed in it, and recommend it more shall not fail to mingle the affectionate sentiments and more to the affection and attachment of our fellowwhich are awakened by those expressed in behalf of citizens. our fellow-citizens of Kentucky.

Whilst we regret the necessity which has produced offensive hostilities against some of the Indian tribes Northwest of the Ohio, we sympathise too much with our Western brethren, not to behold with approbation the watchfulness and vigor which have been exerted by the Executive authority for their protection; and which, we trust, will make the aggressors sensible that it is their interest to merit, by a peaceable behaviour, the friendship and humanity which the United States are always ready to extend to them.

The encouragement of our own navigation has at all times appeared to us highly important. The point of view under which you have recommended it to us is strongly enforced by the actual state of things in Europe. It will be incumbent on us to consider in what mode our commerce and agriculture can be best relieved from an injurious dependence on the navigation of other nations, which the frequency of their wars renders a too precarious resource for conveying the productions of our own country to market.

The present state of our trade in the Mediterranean seems not less to demand, and will according receive, the attention which you have recommended.

Having already concurred in establishing a Judiciary system, which opens the doors of justice to all without distinction of persons, it will be our disposition to incorporate every improvement which experience may suggest; and we shall consider, in particular, how far the uniformity which in other cases is found convenient in the administration of the General Government through all the States may be introduced into the forms and rules of executing sentences issuing from the Federal Courts.

The proper regulation of the jurisdiction and functions which may be exercised by Consuls of the United States in foreign countries, with the provisions stipulated to those of His Most Christian Majesty established here, are subjects of too much consequence to the public interest and honor not to partake of our delibe

rations.

We shall renew our attention to the establishment of the militia and other subjects unfinished at the last ses. sion, and shall proceed in them with all the despatch which the magnitude of all, and the difficulty of some of them, will allow.

Nothing has given us more satisfaction than to find that the revenues heretofore established have proved adequate to the purposes to which they were allotted. In extending the provision to the residuary objects, it will be equally our care to secure sufficiency and punctuality in the payments due from the Treasury of the United States. We shall also never lose sight of the policy of diminishing the public debt, as fast as the increase of the public resources will permit; and are particularly sensible of the many considerations which press a resort to the auxiliary resources furnished by the public lands.

In pursuing every branch of the weighty business of the present session, it will be our constant study to di

To the foregoing Address the PRESIDENT was pleased to reply:

GENTLEMEN: The sentiments expressed in your Address are entitled to my particular acknowledgment. Having no object but the good of our country, this testimony of approbation and confidence, from its immediate representatives, must be among my best rewards, as the support of your enlightened patriotism has been among my greatest encouragements. Being persuaded that you will continue to be actuated by the same auspicious principle, I look forward to the happiest consequences from your deliberations during the present

session.

GEO. WASHINGTON.

TUESDAY, December 14.

from the Secretary of the Treasury, accompanying his Report, number two, of a plan for the institution of a National Bank, as referred to in his letter of yesterday; which was read, and ordered to be committed to a Committee of the whole House on this day sevennight.

The SPEAKER laid before the House a letter

Ordered, That a committee be appointed to bring in a bill or bills directing the mode in which the evidences of the debt of the United States, which have been, or may be, lost or destroyed, shall be renewed; and that Messrs. LEE, TRUMBULL, and CADWALADER, be of the said committee.

UNIFORM MILITIA.

Mr. BOUDINOT, from the committee appointed for the purpose, brought in a bill to establish a uniform militia throughout the United States; which was twice read, and committed.

WEDNESDAY, December 15.

Mr. JACKSON moved that leave be given to bring in bill to continue an act, declaring the assent of Congress to certain acts of the States of

Maryland, Georgia, and Rhode Island and Providence Plantations, which will expire the 10th day of January next.

A committee was accordingly appointed, consisting of Messrs. JACKSON, AMES, and STURGIS.

PRESIDENT'S SPEECH.

On motion of Mr. SMITH, of South Carolina, the House resolved itself into a Committee of the Whole, Mr. LIVERMORE in the Chair-and took into consideration the Speech of the President of the United States to both Houses of Congress. The Speech was read by the Clerk; after which Mr. SMITH, of South Carolina, recapitulated the several subjects specially suggested to the consideration of the House by the Speech. He distinguished such parts of the Speech as were already in train, by being referred the last session to heads of Departments, and others which have been referred to committees; and then moved a resolution with a blank to be filled up with such articles as are not already particularly provided for, by being referred or committed.

Mr. BOUDINOT was in favor of choosing a committee to confer with the Senate on the mode of taking up the several parts of the Speech. Mr. VINING was in favor of Mr. SMITH'S

motion.

Mr. LAWRENCE said, that it appeared to him that the usual mode of considering the Speech would be the best; he, therefore, thought it proper that it should be taken up in paragraphs; and where it appeared that particular parts were already disposed of, to let them be passed over; and with respect to others, committees might be appointed, as the Committee of the Whole may

determine.

Mr. CLYMER supposed, that agreeable to the determination of the House last session, the whole business should be taken up de novo.

[DECEMBER, 1790.

Mr. LEE observed, that as the committee, as such, had no right to appoint a committee of any kind, he thought that any thing further than expressing the sense of the committee on the several parts of the Speech would be improper; with this view he submitted a resolution to the following effect, on the paragraph respecting Indian af fairs, viz:

Resolved, That it is the opinion of the committee that the present posture of Indian affairs requires the serious

attention of the Legislature.

This was seconded by Mr. SENEY.

Mr. SMITH objected to this motion as it did not bring the object fully before the committee. If the gentleman would consent that it should go so far as to propose the appointment of a Select Committee, he should have no objection to it. Mr. LEE supported his motion.

him that nothing more was necessary to be done Mr. LAWRENCE observed, that it appeared to in this business than providing the means of defraying the expense; he had supposed it would strike the committee in this point of light. The expediency or inexpediency of the expedition he President does not appeal to the House to deter presumed was not now to be discussed. The mine the propriety of his conduct. The expedi tion has been approved of by the House in their The Chairman observed, that as the whole Speech was now before the committee, it re-moved the following: answer to the President's Speech. He therefore mained to proceed to the discussion of the several parts; pursuant to which he should read it para-diate provision ought to be made to defray the expenses graph by paragraph, and the committee would of the expedition against the Indians Northwest of the determine respecting them as they saw proper; Ohio. this appeared to him to be the natural way of doing the business.

Mr. VINING said, the difficulty appeared to originate in the mode; for his part, he thought the least circumlocutory the best, and for that reason had seconded the motion by the gentleman from South Carolina.

Resolved, As the sense of this committee, that imme

Mr. LEE withdrew his motion; and that of Mr. LAWRENCE being put, it was agreed to.

The paragraph respecting our navigation being read. Mr. GOODHUE observed, that the reason assigned by the gentleman from South Carolina, for passing over that part of the President's The motion of Mr. SMITH lay on the table-Speech, that this subject was connected with the and the Chairman proceeded to read the Speech fisheries, on which a Report from the Secretary of in paragraphs. On reading the paragraph re- the Treasury was expected, did not appear specting the Indian expedition, Mr. S. moved that cient to him to justify their passing it over. He, the article should be inserted in the blank in his therefore, moved the following: motion.

Mr. LAWRENCE supposed it best to pass over this article.

Mr. VINING Concurred in the sentiment with Mr. LAWRENCE.

suth

Resolved, As the sense of this committee, that a committee ought to be appointed to bring in a bill for the further encouragement of the navigation of the United States.

Mr. SMITH observed, that he thought the subMr. HARTLEY was opposed to passing this mat-ject was referred to the Secretary of State. He ter over; the prospect that further hostilities read a paragraph from the Speech, to show it was would take place between the inhabitants of the connected with the fisheries. He wished for a

Mr. VINING entered into a general consideration of the subject. He thought the present the critical moment in which this interesting business should be discussed on its own proper principles; he thought the proposed resolution did not enter fully enough into the merits of the subject, agreeable to the ideas suggested by the President; he, therefore, proposed a resolution which went to express the sentiments of the House respecting making provision for the transportation of American produce in American bottoms.

Mr. GOODHUE objected to the motion of Mr. VINING at the present moment; though he fully accorded with him in principle, he thought the motion he had submitted would more generally meet the present ideas of the committee.

Mr. JACKSON opposed Mr. VINING's motion; he said, though he was against taking any measures at present, he preferred the resolution of the gentleman from Salem.

Mr. VINING withdrew his motion.

Mr. GOODHUE's motion being put, passed in the affirmative.

The paragraph respecting the Mediterranean trade being read, Mr. SMITH moved the following: Resolved, That such part of the President's Speech as relates to the trade to the Mediterranean be referred to the Secretary of State.

Agreed to.

[H. OF R.

Several members spoke against Mr. VINING'S motion, which being put, was lost.

The committee then rose, and reported the resolutions they had agreed upon to the House; which being read, are as follows:

Resolved, As the opinion of this committee, that immediate provision be made to defray the expenses of the expedition against the Indians northwest of the Ohio. the Secretary of the Treasury. This resolution was agreed to, and referred to

committee ought to be appointed to bring in a bill or Resolved, As the sense of this committee, that a bills making further provision for the encouragement of the navigation of the United States.

Agreed to by the House, and referred to a committee of twelve.

Resolved, That such parts of the President's Speech as refer to the Mediterranean trade be referred to the Secretary of State.

On motion of Mr. BOUDINOT, it was

Resolved, That the Report of the Secretary of the Treasury on the subject of the unappropriated lands, and the instituting a land office, be referred to a Committee of the whole House on Friday next.

On motion of Mr. SMITH, of South Carolina, the report of the Secretary of State on the subject of weights and measures was referred to a Committee of the whole House on Wednesday

next.

THURSDAY, December 16.

A petition of John Churchman, praying that the application he made at the first session of Congress, for permission to undertake a voyage to Baffin's Bay, at the public expense, for the purpose of making magnetical experiments to ascer

On the subject of weights and measures, Mr. tain the causes of the variation of the needle, and VINING moved the following:

Resolved, As the sense of this committre, that a committee ought to be appointed to bring in a bill or bills providing for the establishment of a uniform standard of weights and measures throughout the United States.

Mr. BOUDINOT suggested the propriety of passing over this business at present; he mentioned a reason offered by the Secretary of State, that there was to be a Convention in Europe on this particular business; the result of the meeting is not yet known.

Mr. LAWRENCE proposed that as the report of the Secretary of the Treasury had not been acted upon, that it should now be referred to a Committee of the whole House.

Mr. VINING observed, that if that report was to be discussed by the House, they must divest themselves of the character of politicians, and assume that of philosophers; the discussion, he conceived, would employ the committee till next March twelve months. He thought the mode he proposed would be found more simple, and the committee appointed would naturally avail themselves of the Secretary's report.

Mr. SMITH, of South Carolina, was in favor of taking up the Secretary's report in Committee of the Whole.

how near the longitude can be thereby ascertained, may now be determined.

Ordered, That the said petition do lie on the table.

Mr. JACKSON, from the committee appointed for the purpose, presented a bill to continue an act for declaring the assent of Congress to certain acts of the States of Maryland, Georgia, and Rhode

Island.

MILITIA.

The House resolved itself into a Committee of the Whole on the bill to establish a uniform militia throughout the United States, Mr. LIVERMORE in the Chair.

The committee made some progress in the discussion of the bill. Several amendments and alterations were proposed, and some of them adopted.

Mr. PARKER observed, the clause which enacts that every man in the United States shall "provide himself" with military accoutrements would be found impracticable, as it must be well known that there are many persons who are so poor that it is impossible they should comply with the law. He conceived, therefore, that provision should be made for arming such persons at the expense of the United States. He then gave notice that, in

the course of the discussion of the bill, he should move an amendment to this purpose.

[DECEMBER. 1790.

time of the committee, especially as he had not prepared an amendment to that part of the bill to which he objected, not having contemplated the subject sufficiently; but on perusing the bill, it had been forcibly impressed on his mind, that sub

Mr. GILMAN observed, that obliging persons to turn out in the militia till they were fifty years of age, agreeably to the bill, would be found unnecessary and inconvenient, and is contrary to the prac-jecting the whole body of the people to be drawn tice of the several States; few, if any, requiring militia duties to be performed after the age of forty-five. He moved, therefore, that fifty be struck out, and forty-five inserted.

out four or five times a year was a great and unnecessary tax on the community; that it could not conduce either to the acquisition of military knowledge, or the advancement of morals. As far as the whole body of the people are necessary to the general defence, they ought to be armed; but the law ought not to require more than is necessary; for that would be a just cause of com

Mr. VINING objected to the motion. He observed, that a great proportion of our citizens, especially those at the Eastward and Northward, were as capable of military services at fifty as at any period. Many in the ranks of the late Conti-plaint. nental army, were, he believed, fifty and upwards, who were as good soldiers as any in the service. He thought the alteration unnecessary.

Mr. WADSWORTH said, that it appeared to him the gentleman's objections went only to that part of the bill which points out the number of days to be devoted to training the militia; as he had conceded that all from eighteen to forty-five ought to be armed.

Mr. GILMAN replied, that he conceived the general practice of the States, which was found on experience to be the best, was a sufficient answer to the gentleman last speaking, and would sanc- Mr. JACKSON said, that he was of opinion that tion the adoption of the amendment he proposed. the people of America would never consent to be Mr. LAWRENCE said, that by the laws of the deprived of the privilege of carrying arms. State of New York, persons above forty-five Though it may prove burdensome to some individuyears of age are not enrolled to do duty in the mi-als to be obliged to arm themselves, yet it would litia; and he thought that fifty was a period too late in life to be subject to military hardships, if it

could be avoided.

Mr. WILLIAMSON was in favor of the motion. Though he had seen men in the field who were advanced in life, it had not been without pain. He thought from sixteen to eighteen too early a period. Many at that tender age fell sacrifices to sickness and fatigue.

Mr. GILMAN's motion being put, was carried in the affirmative.

not be so considered when the advantages were justly estimated. Original institutions of this nature are highly important. The Swiss Cantons owed their emancipation to their militia establishment. The English cities rendered themselves formidable to the Barons, by putting arms into the hands of their militia; and when the militia united with the Barons, they extorted Magna Charta from King John. In France, we recently see the same salutary effects from arming the militia. In England, the militia has of late been neglected the consequence is a standing army. In Ireland, we have seen the good et fects of arming the militia, in the noble efforts they have made to emancipate their country. If we neglect the militia, a standing army must be introduced; but if the idea suggested by the gentleman from Pennsylvania is adopted, certain classes must be drawn out, and kept for months together, which would prove as great a burden as a standing army. None of the States, he observ ed, have adopted such a plan. In Georgia, the militia service has been as strict as is contempla ted by the bill, but they have never complained. In a Republic every man ought to be a soldier, and Mr. BOUDINOT said, that the idea now suggested be prepared to resist tyranny and usurpation, as was debated in the committee; and they could well as invasion, and to prevent the greatest of all not agree upon any other mode than that propos- evils-a standing army. Mankind have been died in the bill. He very much disapproved the vided into three classes, shepherds, husbandmen, idea of making a soldier of every man between and artificers-of which the last make the worst eighteen and forty-five years of age-there is a militia; but as the arts and sciences are sources manifest impropriety in the measure; and he of great wealth to the community, which may wished some gentleman would propose an alter-excite the jealousy and avarice of neighbors, this

Mr. FITZSIMONS Suggested to the consideration of the committee, whether it would be the most eligible mode to subject all the citizens from eighteen to forty-five years of age, without exception, to turn out as soldiers. A much smaller number would, in his opinion, answer all the purposes of a militia. He thought the active militia might be comprised within a much smaller number, to be proportioned to the citizens of each State. The militia law of Pennsylvania had been of this general complexion, and had never compensated in its operation for the uneasiness it had excited, and the tax and grievance it had been to the people.

ation.

Mr. LAWRENCE said, that the idea of the gentleman from Pennsylvana struck at the principle of the bill; but as the hint may not be unworthy of consideration, he proposed that he should form a motion, and reduce it to writing.

Mr. FITZSIMONS apologised for engrossing the

class ought to be peculiarly qualified to defend themselves and repel invasions; and as this coun try is rising fast in manufactures, the arts and sciences, and from her fertile soil may expect great affluence, she ought to be able to protect that and

her liberties from within herself.

Mr. PARKER here introduced his motion, to