The Debates and Proceedings in the Congress of the United States

SENATE.]

Proceedings.

[FEBRUARY, 1792.

A message from the House of Representatives The Message and papers therein referred to were informed the Senate, that the House of Repre-read; and ordered to lie for consideration. sentatives have agreed to some, and disagreed to other, amendments of the Senate on the bill, entitled "An act to establish the Post Office and Post Roads within the United States."

The Senate proceeded in the second reading of "the bill for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors and witnesses," and, after agreeing to sundry amendments,

Ordered, That this bill pass to the third reading. The Senate resumed the consideration of the following resolution of the House of Representatives, on the amendments of the Senate to the bill, entitled "An act to establish the Post Office and Post Roads within the United States," to wit:

The Senate proceeded to the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States; and, after progress, the Senate adjourned.

THURSDAY, February 9.

The Senate proceeded in the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States."

On motion to postpone the second reading, it passed in the negative.

On motion to expunge the second section, the

Resolved, That the House of Representatives doth disagree to the sixth amendment proposed by the Sen-yeas and nays being required by one-fifth of the Senators present, were taken, and stood: ate, in section 1st; and doth agree to all other amendments to the said bill, with amendments to the 15th amendment in the said 1st section.

The third reading of "the bill for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors and witnesses," was further postponed.

On motion, the consideration thereof was made the order of the day for to morrow.

TUESDAY, February 7.

YEAS.-Messrs. Bradley, Butler, Few, Foster, Gunn, Hawkins, Lee, Monroe, Robinson, Sherman, Stanton, Strong, and Wingate.-13.

NAYS. Messrs. Bassett, Cabot, Carroll, Dickinson, Ellsworth, Henry, Izard, Johnston, Langdon, Morris,

Read, and Rutherfurd.-12.

So it passed in the affirmative.

Ordered, That the bill be referred to Messrs. STRONG, GUNN, MONROE, BRADLEY, and ELLSWORTH, to consider and report generally thereon.

A Letter from the Speaker of the House of Representatives, enclosing the memorial of D. L. Morel, was read.

Ordered, That the Letter and enclosure lie for consideration.

FRIDAY, February 10.

A message from the House of Representatives informed the Senate, that the House of Representatives have passed the bill, entitled "An act for the encouragement of the bank and other cod fisheries, and for the regulation and government of the fishermen employed therein," with amendments, in which they desire the concurrence of the Senate.

The Senate proceeded in the second reading of the bill sent from the House of Representatives Mr. Few communicated an act of the State of for concurrence, entitled "An act for making fur-Georgia, to empower their Senators in Congress, ther and more effectual provision for the protec-or one Senator and two of their Representatives tion of the frontiers of the United States;" and, in Congress, to execute a deed of the light-house after progress, the Senate adjourned. on Tybee Island in the said State. The act was read; and,

WEDNESDAY, February 8.

Ordered, To lie for consideration.
Ordered, That the Secretary of State be re-

The following Message from the President of quested to furnish a translation of the memorial

the United States was received:

Gentlemen of the Senate, and

of the House of Representatives:

An article of expense having occurred in the Department of Foreign Affairs, for which no provision has been made by law, I lay before you a Letter from the Secretary of State, explaining the same, in order that you may do thereon what you shall find to be right. G. WASHINGTON. UNITED STATES, February 8, 1792.

of D. L. Morel, communicated yesterday by the Speaker of the House of Representatives to the Vice President.

The Senate proceeded to the consideration of, and agreed to, the amendments of the House of Representatives to the bill sent from the Senate for concurrence, entitled "An act for the encouragement of the bank and other cod fisheries, and for the regulation and government of the fishermen employed therein."

The Senate resumed the second reading of the bill, sent from the House of Representatives for concurrence, entitled "An act for the relief of certain widows, orphans, invalids, and other persons;" and, after debate, adjourned.

MONDAY, February 13.

The Senate proceeded to the third reading of "the bill for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors and witnesses."

On motion to insert these words at the end of section 2:

[SENATE.

rule of court, as a difference of circumstances may require, or as may be requisite to prevent unnecessary delay and expense: Provided, That on judgments in any of the cases aforesaid, where different kinds of exe cutions are issuable in succession, a capias ad satisfaciendum being one, the plaintiff shall have his election to take out a capias ad satisfaciendum in the first instance, and be at liberty to pursue the same until a tender of the debt and cost, in gold or silver, shall be

made.

after the passing this act, the fees and compensations SEC. 3. And be it further enacted, That, from and to the several officers and other persons hereafter menshals of the several districts of the United States, for the tioned shall be as follows: That is to say; to the marservice of any writ, warrant, attachment, or process, in chancery, on each person named in the same, one dollar; for his travel out in serving each writ, warrant, attachment, or process, as aforesaid, five cents per mile, to be computed from the place of service to the court

"And be at liberty to pursue the same until a tender of the debt and cost in gold or silver shall be made." The yeas and nays were required by one-fifth of the Senators present, and being taken, stood: YEAS.-Messrs. Bassett, Burr, Cabot, Carroll, Dick-where the writ or process shall be returned; and if

inson, Ellsworth, Foster, Izard, King, Langdon, Morris, Read, Rutherfurd, and Strong.-14.

shall be computed from the court to the place of service more persons than one are named therein, the travel which is most remote, adding thereto the extra travel necessary to serve it on the other: Provided, That the

NAYS.-Messrs. Bradley, Butler, Few, Gunn, Hawkins, Henry, Johnston, Lee, Monroe, Robinson, Sher-fee for travel shall in no case exceed fifteen dollars; for man, Stanton, and Wingate.-13.

So it passed in the affirmative.

And, after agreeing to further amendments, Resolved, That this bill pass; that the title thereof be, "An act for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors and witnesses;" that it be engrossed, and that the Secretary desire the concurrence of the House of Representatives therein.

The bill is as follows:

An Act for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors and wit

nesses.

each bail bond, fifty cents; for selling goods and vessels condemned, and receiving and paying the money, three per cent.; for every commitment or discharge of a prisoner, fifty cents; for summoning witnesses, each, twenty cents, and his necessary travel, at five cents per mile, to be computed as aforesaid; for summoning a grand or petit jury, each, three dollars, and his necessary travel, at five cents per mile, to be computed in like manner: Provided, That in those States where jurors by the laws of the State are drawn by constables or other officers of corporate towns or places by lot, the marshals shall receive, for the use of such constables or officers, such part of the fees allowed for travel in summoning juries as the court to which the juries may be returned shall direct; for attending the supreme, circuit, or district courts, five dollars per day, and at the rate of Be it enacted by the Senate and House of Represent- ten cents per mile for his expenses and time in travelatives of the United States of America in Congressing from the place of his abode to either of the said assembled, That all writs and processes issuing from courts; for levying an execution, and for all other serthe supreme or a circuit court shall bear test of the vices not herein enumerated, such fees or compensation chief justice of the supreme court; and if from a dis- as are allowed in the supreme court of the State where trict court, shall bear test of the judge of such court, the services shall be rendered; to the clerk of the Suand shall be under the seal of the court from whence preme Court of the United States, ten dollars per day they issue, and signed by the clerk thereof. The seals for his attendance in court, and for his other services in to be provided at the expense of the United States. discharging the duties of his office, double the fees of the clerk of the supreme court of that State in which the Supreme Court of the United States shall be holden; to the clerk of the district and circuit courts, such fees in each State respectively as are allowed in the supreme courts of the same, and five dollars per day for his attendance on any circuit or district court, and at the rate of ten cents per mile for his expenses and time in traveling from the place of his abode to either of the said courts. And in case any clerk of a court of the United States shall, in discharging the duties of his office, perform any kind of service which is not performed by the clerks of the courts of the State, and for which the laws of the State make no allowance, the court in which such service shall be rendered may allow a reasonable compensation therefor; to each grand and petit juror one dollar per day for attending in court, and for traveling, at the rate of five cents for every mile from their respective places of abode to the place where the court is held, and the like allowance for returning;

SEC. 2. And be it further enacted, That, until other provision shall be made, and except where, by this act, or other statutes of the United States, it is otherwise provided, the forms of writs and executions, except their style, and the modes of process and proceedings in suits at cornmon law, shall be the same in each State respectively as are now used or allowed in the highest common law courts having original jurisdiction of the same. And the forms and modes of proceedings in causes of equity and of admiralty and maritime jurisdiction, shall be, except where the laws of the United States otherwise provide, according to the course which hath obtained in the States respectively in like causes; or in States which have not courts of equity jurisdiction, or have not had courts of admiralty and maritime jurisdiction, according to the course of proceedings in such courts, respectively, in any adjoining, or the nearest State in which they are or have been instituted; subject, however, to such deviations in each State, by

to witnesses summoned on the part of the United States, or in behalf of any prisoner to be tried for a capital offence in any of the courts thereof, the same compensation as is above allowed to grand and petit jurors; to witnesses in other cases, the same compensations in each State respectively as are allowed in the supreme courts of the same; to the attorney of the United States for the district, such fees in each State respectively as are allowed in the supreme courts of the same, and also the like compensation for traveling as is above allowed to the clerk of the district and circuit courts; and where the amount of such fees and compensations to the district attorney shall be less in any year than one-fifth part of the salary of the judge of such district, the difference shall be allowed and paid to the attorney at the end of the year.

[FEBRUARY, 1792.

compensations to the several officers and persons hereinbefore mentioned, other than those which are above directed to be paid out of the Treasury of the United States, shall be recovered in like manner as the fees of the officers of the States respectively, for like services, are recovered.

SEC. 7. And be it further enacted, That if any officer hereinbefore mentioned, or his deputy, shall, by reason or color of his office, wilfully and corruptly demand and receive any greater fees than those allowed by this act, he shall, on conviction thereof in any court of the United States, forfeit and pay a fine, not exceeding five hundred dollars, or be imprisoned, not exceeding six months, at the discretion of the court before whom the conviction shall be.

TUESDAY, February 14.

The Secretary of State having transmitted to the Senate a translation of the memorial of D. L. Morel, it was read; and ordered that the Secretary of the Senate deliver the original, with a copy of the translation, to the Speaker of the House of Representatives.

SEC. 8. And be it further enacted, That the act passed SEC. 4. And be it further enacted, That the mar- at the last session of Congress, entitled "An act to conshal shall have the custody of all vessels and goods, tinue in force, for a limited time, an act passed at the seized by any officer of the revenue, and shall be allowed first session of Congress, entitled 'An act to regulate such compensation therefor as the court may judge rea-processes in the courts of the United States;"" and also sonable: And there shall be paid to the marshal the another act passed at the last session of Congress, enamount of the expense for fuel, candles, and other rea- titled "An act providing compensations for the officers sonable contingencies that may accrue in holding the of the judicial courts of the United States, and for jucourts within his district, and providing the books ne- rors and witnesses, and for other purposes," be, and the cessary to record the proceedings thereof: And such same are hereby repealed. amount, as also the compensations aforesaid, to the grand and petit jurors, to the witnesses summoned on the part of the United States, or in behalf of a prisoner to be tried for a capital offence; to the clerk of the supreme court, for his attendance; to the clerks of the district and circuit courts for their traveling and attendance; to the attorney of the district, for traveling to court; to the marshal for his attendance at court; for summoning grand and petit jurors, and witnesses in behalf of any prisoner to be tried for a capital offence; for the maintenance of prisoners confined in jail for any criminal offence, and for the commitment or discharge of such prisoner; and, also, the legal fees of the clerk, attorney, and marshal, in criminal prosecutions, shall be included in the account of the marshal: and the same having been examined and certified by the court, or one of the judges of it, in which the service shall have been rendered, shall be passed in the usual manner at, and the amount thereof paid out of, the Treasury of the United States, to the marshal, and by him shall be paid over to the persons entitled to the same. And the marshal shall be allowed two and a half per cent. on the amount by him so paid over, to be charged in his future

account.

of the bill sent from the House of Representatives The Senate proceeded in the second reading for concurrence, entitled "An act for the relief of certain widows, orphans, invalids, and other persons," and, after progress, adjourned.

WEDNESDAY, February 15.

The Senate proceeded in the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act for the relief of certain widows, orphans, invalids, and other persons;" and,

Ordered, That the further consideration of this bill be postponed.

Mr. STRONG, from the committee appointed on the bill sent from the House of Representatives for concurrence, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," report

THURSDAY, February 16.

SEC. 5. And be it further enacted, That in every prosecution for any fine or forfeiture incurred under any statute of the United States, if judgment is rendered against the defendant, he shall be subject to the payment of costs. And on every conviction for any other offence, not capital, the court may, in their discretion, award that the defendant shall pay the costs of prosecu-ed the bill amended. tion. And if any informer, or plaintiff, on a penal statute, to whose benefit the penalty, or any part thereof, if recovered, is directed by law to accrue, shall discontinue his suit or prosecution, or shall be nonsuit in the same, or if, upon trial, a verdict shall pass for the defendant, the court shall award to the defendant his costs, unless such informer, or plaintiff, be an officer of the United States, specially authorized to commence such prosecution, and the court before whom the action or information shall be tried, shall, at the trial, in open court, certify, upon record, that there was reasonable cause for commencing the same, in which case no cost shall be taxed for the defendant.

SEC. 6. And be it further enacted, That the fees and

On motion to postpone the report of the committee, so far as to take into consideration a proposed amendment, it passed in the negative.

On motion, it was agreed to postpone the report

of the committee, and to reconsider the second section of the bill rejected on the 9th instant; and, after debate, the further consideration of the bill was postponed until to-morrow.

[SENATE.

reject the third section of the bill, it passed in the negative.

After further consideration of the bill,

Ordered, That it be referred to Messrs. BURR, A message from the House of Representatives, HAWKINS, READ, ELLSWORTH, and GUNN, with informed the Senate, that the House of Repre- the amendments reported by the committee, tosentatives have passed the bill sent from the Se-gether with the motions made thereon, to connate, entitled “An act relative to the election of a sider and report generally. President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice President," with amendments, in which they desire the concurrence of the Senate. The amendments to the above mentioned bill were read, and are as follow:

MONDAY, February 20.

Section 1, to the end of the section, add "which Electors shall be equal to the number of Senators and Re-of President and Vice President;" and, presentatives to which the several States may by law be entitled at the time when the President and Vice Presi

Resolved, That they agree to all the said amend

dent, thus to be chosen, should come into office: Pro-ments except the last, to which they disagree. vided, always, That where no apportionment of Representatives shall have been made after any enumeration, at the time of choosing Electors, then the number of Electors shall be according to the existing apportionment of Senators and Representatives."

In section 2, which reads as follows: "That the Electors shall meet and give their votes on the said first Wednesday in December, at such place in each State as shall be directed by the authority thereof;" strike out "authority," and insert "Legislature."

Section 9, strike out the whole section, and in lieu thereof insert," And be it further enacted, That in case of removal, death, resignation, or inability, both of the President and Vice President of the United States, the

Secretary of State, for the time being, shall act as Presi

dent of the United States, until the disability be removed or a President shall be elected."

Ordered, That the amendments lie for consideration.

FRIDAY, February 17.

Resolved, That Messrs. SHERMAN, LANGDON, and STRONG, be a committee to join with such committee as the House of Representatives may appoint, on their part, to consider and report what business is necessary to be done by Congress in the present session, and what part of the business now depending may be, without great inconvenience, postponed to the next session; that the proceedings may be so regulated as to close this session by the first Tuesday of April next.

A petition of James Oakley and others, was presented and read, praying compensation for services during the late war.

Secretary of War, to examine and report thereon
Ordered, That this petition be referred to the

to the Senate.

TUESDAY, February 21.

The application of James Mathers, Doorkeeper to the Senate, for compensation during the recess, was presented and read.

Ordered, That it be referred to Messrs. SHERMAN, IZARD, and JOHNSTON, to consider and report thereon.

Mr. HAWKINS, from the committee to whom was referred the bill sent from the House of Re

The Senate proceeded to the consideration of the amendments of the House of Representatives on the bill, entitled "An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both presentatives, entitled "An act to ascertain and of President and Vice President;" and, after de- regulate the claims to half pay, and to invalid bate, the further consideration thereof was post-pensions," reported amendments, which were read. poned until Monday next.

Ordered, That the report lie on the table. The Senate resumed the consideration of the A message from the House of Representatives bill sent from the House of Representatives, enti- informed the Senate that the House of Repretled "An act for making further and more effec-sentatives recede from their last amendment to tual provision for the protection of the frontiers of the United States;" and,

A motion being made, and the question put, to adopt the second section, it passed in the affirmative; yeas 15, nays 12-as follows:

YEAS.-Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ellsworth, Hawkins, Henry, Izard, Johnston, King, Langdon, Morris, Read, and Rutherfurd.

NAYS.-Messrs. Bradley, Butler, Few, Foster, Gunn, Lee, Monroe, Robinson, Sherman, Stanton, Strong, and Wingate.

The report of the committee was then resumed; and on the question to agree thereto, so far as to

the bill, entitled "An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of President and Vice President;" and that they agree to the resolution of the Senate of the 20th instant, appointing a joint committee for the purpose therein mentioned, and have appointed a committee on their part.

Also, that they have passed the bill, entitled "An act for an apportionment of Representatives among the several States, according to the first enumeration, and making provision for another

enumeration, and an apportionment of Representatives thereon, to compose the House of Representatives after the 3d day of March, 1797;" in which they desire the concurrence of the Senate. Mr. HAWKINS, from the committee to whom was referred the bill sent from the House of Representatives, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," reported amendments; which report was read.

The bill sent from the House of Representatives, entitled "An act for an apportionment of Representatives among the several States, according to the first enumeration, and making provision for another enumeration, and an apportionment of Representatives thereon, to compose the House of Representatives after the 3d day of March, 1797," was read the first time.

Ordered, That this bill pass to the second reading.

WEDNESDAY, February 22.

The amendments reported by the committee on the bill sent from the House of Representatives, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," were considered and agreed to; and the bill was ordered to pass to the third reading.

[FEBRUARY, 1792.

That there shall be raised, for a term not exceeding three years, three additional regiments of infantry, each consist of nine hundred and twelve non-commissioned of which, exclusively of the commissioned officers, shall officers, privates, and musicians. And that the PresiA message from the House of Representatives dent may employ as many of the said troops as rifleinformed the Senate that the House of Represent-men as he shall think proper: Provided, That the said atives have passed the bill, entitled "An act providing for the settlement of the claims of persons under particular circumstances barred by the limitations heretofore established;" in which they desire the concurrence of the Senate.

The bill was read the first time, and ordered to pass to the second reading.

Mr. BUTLER reported from the committee to whom was referred the petition of Charles Colvill, which was read, and ordered to lie on the table.

THURSDAY, February 23.

The bill sent from the House of Representatives, entitled "An act for making further and more effectual provision for the protection of the frontiers of the United States," was read the third time.

On motion to expunge the last section of the bill, as it was amended, to wit:

"SEC. And be it further enacted, That the President of the United States be authorized, in case he shall deem the measure expedient, to employ such number of the Indians, and for such compensations, as he may think proper: Provided, The said compensations do not, in the whole, exceed twenty thousand dollars;"

It passed in the negative; yeas 8, nays 18, excused 1-as follows:

YEAS.-Messrs. Bassett, Bradley, Monroe, Robinson, Rutherfurd, Sherman, Strong, and Wingate.

NAYS.-Messrs. Burr, Cabot, Carroll, Dickinson, Ellsworth, Few, Foster, Gunn, Hawkins, Henry, Izard, Johnston, King, Langdon, Lee, Morris, Read, and Stanton. EXCUSED. Mr. Butler.

three regiments shall be discharged as soon as the United States shall be at peace with the Indian tribes ;"

And substitute the following:

"SEC.. And be it further enacted, That the President of the United States be, and he hereby is, authorized to engage such number of expert woodsmen, to serve as infantry or cavalry, as, in his judgment, the public service may require: Provided, That the entire number of non-commissioned officers and privates shall not exceed two thousand: And, provided, That the infantry and cavalry shall not be engaged for a longer term than ten months, nor be allowed, the infantry more than twenty-five cents per day, nor the cavalry, each person engaged finding his own horse, arms, and accoutrements, and at his own risk, seventy-five cents per day, and twenty-five cents per day in lieu of rations and forage, provided he furnish himself therewith. And the allowance to the non-commissioned officers, whether in

the infantry or cavalry, shall not exceed, to those of the infantry_thirty-three cents and one-third of a cent per day, and to those of the cavalry one dollar and twentyfive cents per day;"

It passed in the negative; yeas 12, nays 15-as follows:

YEAS.-Messrs. Bradley, Butler, Few, Foster, Gunn, Lee, Monroe, Robinson, Sherman, Stanton, Strong, and Wingate.

NAYS.-Messrs. Bassett, Burr, Cabot, Carroll, Dickinson, Ellsworth, Hawkins, Henry, Izard, Johnston, King, Langdon, Morris, Read, and Rutherfurd.

On the question, Shall this bill pass, as amended? It was resolved in the affirmative; yeas 16, nays 11-as follows:

YEAS. Messrs. Bassett, Burr, Cabot, Carroll, Dick

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