PROCEEDINGS

OF

THE SENATE OF THE UNITED STATES,

AT THE FIRST SESSION OF THE THIRD CONGRESS, BEGUN AT THE CITY OF PHILADELPHIA, DECEMBER 2, 1793.

NOTE TO THE READER.

To account for the absence of any Report of Debates in the Senate in the Third Congress, it is proper here to repeat that the Senate sat with closed doors during its Legislative as well as its Executive sittings, from the beginning of the First Congress up to the 20th day of February, 1794, when a proposition succeeded, which had frequently before failed, in that body, that the Legislative sittings of the Senate should thenceforth, after the end of that session of Congress, be conducted with open doors and galleries.

MONDAY, December 2, 1793.

This being the day fixed by the Constitution for the annual meeting of Congress, the following members of the Senate appeared, produced their credentials, and took their seats:

JOHN ADAMS, Vice President of the United
States and President of the Senate;
JOHN LANGDON and SAMUEL LIVERMORE, from
New Hampshire;

ter from GEORGE READ, of Delaware, resigning his seat in the Senate; which was read, and ordered to lie on the table.

Ordered, That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

GEORGE CABOT, from Massachusetts;
Oliver EllswORTH, from Connecticut ;
MOSES ROBINSON, from Vermont;
AARON BURR, from New York;
JOHN RUTHERFURD, from New Jersey ;

Ordered, That Messrs. IZARD and LANGDON be a joint committee on the part of the Senate, together with such committee as the House of Representatives may appoint, on their part, to wait on the PRESIDENT OF THE UNITED STATES, and

ROBERT MORRIS and ALBERT GALLATIN, from notify him that a quorum of the two Houses is Pennsylvania; assembled, and ready to receive any communications that he may be pleased to make to them.

A message from the House of Representatives informed the Senate that the House had elected FREDERICK A. MUHLENBERG their Speaker, and that they have concurred with the Senate in appointing a joint committee to wait on the PRESIDENT OF THE UNITED STATES.

JAMES MONROE, from Virginia;
JOHN EDWARDS, from Kentucky;
BENJAMIN HAWKINS, from North Carolina;
RALPH IZARD, from South Carolina.

pro

Mr. LANGDON, the President of the Senate tempore, administered the oath required by law to the VICE PREsident of thE UNITED STATES.

The Secretary read the credentials of the following Senators appointed for the terms respectively mentioned therein:

PIERCE BUTLER, from South Carolina;
ALEXANDER MARTIN, from North Carolina;
JOHN VINING, from Delaware.

The VICE PRESIDENT administered the oath required by law to Mr. BUTLER, Mr. GALLATIN, and Mr. MARTIN, respectively, and they took their

seats.

STEPHEN MIX MITCHELL, appointed by the State of Connecticut a Senator for two years, in the place of ROGER SHERMAN, deceased, produced his credentials, which being read, the VICE PRESIDENT administered to him the oath required by law, and he took his seat.

the United States; which was read, and ordered to lie on the table.

The VICE PRESIDENT also communicated a let

The VICE PRESIDENT laid before the Senate the petition of Conrad Laub and others, relative to the appointment of Mr. GALLATIN, a Senator of 3d CON.-2

Mr. IZARD, from the joint committee who had waited on the PRESIDENT, reported that the PRESIDENT would meet the two Houses to-morrow, at 12 o'clock, in the Senate Chamber.

Proceedings.

SENATE.]

[DECEMBER, 1793.

of affectionate partiality with which I have been honor- I cannot recommend to your notice measures for the
ed by my country, on the other, it could not prevent an fulfilment of our duties to the rest of the world, without
earnest wish for that retirement from which no private again pressing upon you the necessity of placing our-
consideration should ever have torn me. But, influ-selves in a condition of complete defence, and of exact-
enced by the belief that my conduct would be estimated ing from them the fulfilment of their duties towards us.
according to its real motives, and that the people, and The United States ought not to indulge a persuasion
the authorities derived from them, would support exer- that, contrary to the order of human events, they will
tions having nothing personal for their object, I have forever keep at a distance those painful appeals to arms
obeyed the suffrage which commanded me to resume with which the history of every other nation abounds.
the Executive power, and I humbly implore that Being There is a rank due to the United States among na-
on whose will the fate of nations depends, to crown tions, which will be withheld, if not absolutely lost, by
with success our mutual endeavors for the general hap- the reputation of weakness. If we desire to avoid in-
piness.
sult, we must be able to repel it; if we desire to secure
peace, one of the most powerful instruments of our ris-
ing prosperity, it must be known that we are at all
times ready for war. The documents which will be pre-
sented to you will show the amount and kinds of arms
and military stores now in our magazines and arsenals;
and yet an addition even to these supplies cannot with
prudence be neglected, as it would leave nothing to the
uncertainty of procuring of warlike apparatus in the
moment of public danger.

Nor can such arrangements, with such objects, be
exposed to the censure or jealousy of the warmest friends
of Republican Government. They are incapable of
abuse in the hands of the Militia, who ought to possess
a pride in being the depository of the force of the Re-
public, and may be trained to a degree of energy equal
to every military exigency of the United States. But
it is an inquiry which cannot be too solemnly pursued,
whether the act "more effectually to provide for the na-
tional defence, by establishing an uniform Militia
throughout the United States,” has organized them so as
to produce their full effect; whether your own experience
in the several States has not detected some imperfec-
tions in the scheme; and whether a material feature, in
an improvement of it, ought not to be to afford an op-
portunity for the study of those branches of the military
art which can scarcely ever be attained by practice
alone?

The connexion of the United States with Europe has become extremely interesting. The occurrences which relate to it and have passed under the knowledge of the Executive, will be exhibited to Congress in a subsequent communication.

As soon as the war in Europe had embraced those Powers with whom the United States have the most extensive relations, there was reason to apprehend that our intercourse with them might be interrupted, and our disposition for peace drawn into question by the suspicions too often entertained by belligerent nations. It seemed, therefore, to be my duty to admonish our citizens of the consequences of a contraband trade, and of hostile acts to any of the parties, and to obtain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities belonging to our situation. Under these impressions, the Proclamation which will be laid before you was issued.

In this posture of affairs, both new and delicate, I resolved to adopt general rules, which should conform to the treaties and assert the privileges of the United States. These were reduced into a system, which will be communicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes permitted by our treaty of commerce with France to be brought into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, improve, or enforce this plan of procedure; and it will probably be found expedient to extend the legal code and the jurisdiction of the Courts of the United States to many cases which, though dependent on principles already recognised, demand some further provisions.

Where individuals shall, within the United States, array themselves in hostility against any of the Powers at war, or enter upon military expeditions or enterprises within the jurisdiction of the United States; or usurp and exercise Judicial authority within the United States; or where the penalties on violations of the law of nations may have been indistinctly marked, or are inadequate these offences cannot receive too early and close an attention, and require prompt and decisive remedies.

Whatsoever those remedies may be, they will be well administered by the Judiciary, who possess a long-established course of investigation, effectual process, and officers in the habit of executing it.

When we contemplate the war on our frontiers, it may be truly affirmed that every reasonable effort has been made to adjust the causes of dissension with the Indians north of the Ohio. The instructions given to the Commissioners evince a moderation and equity proceeding from a sincere love of peace and a liberality having no restriction but the essential interests and dignity of the United States. The attempt, however, of an amicable negotiation having been frustrated, the troops have marched to act offensively. Although the proposed treaty did not arrest the progress of military preparation, it is doubtful how far the advance of the season, before good faith justified active movements, may

In like manner, as several of the Courts have doubted, under particular circumstances, their power to liber-retard them, during the remainder of the year. From ate the vessels of a nation at peace, and even of a citi-the papers and intelligence which relate to this importzen of the United States, although seized under a false ant subject, you will determine whether the deficiency color of being hostile property, and have denied their in the number of troops granted by law shall be compower to liberate certain captures within the protection pensated by succors of Militia, or additional encourageof our territory, it would seem proper to regulate their ments shall be proposed to recruits. jurisdiction in these points; but, if the Executive is to be the resort in either of the two last-mentioned cases, it is hoped that he will he authorized by law to have facts ascertained by the Courts, when, for his own information, he shall request it.

An anxiety has been also demonstrated by the Executive for peace with the Creeks and the Cherokees. The former have been relieved with corn and with clothing, and offensive measures against them prohibited during the recess of Congress. To satisfy the complaints