HISTORY
OR
THE PROCEEDINGS AND DEBATES
THE SENATE OF THE UNITED STATES,
AT THE FIRST SESSION OF THE FIRST CONGRESS,
BEGUN AT THE CITY OF
NEW YORK, MARCH 4, 1789,
UNDER THE CONSTITUTION
SUBMITTED BY THE FEDERAL CONVENTION IN PHILADELPHIA,
SEPTEMBER 18, 1787.

[This seems to be a proper place to notice a fact, which is necessary to account for the meagreness of the report of the Senate proceedings in the earlier days of the Government, viz: that the Legislative as well as Executive sittings of the Senate were held with closed doors until the second session of the third Congress, with the single exception of the discussion of the contested election of A. GALLATIN, as Senator from Pennsylvania, during which discussion the galleries were opened by a special order of the Senate. On the 20th February, 1794, the Senate came to a resolution that, after the end of that session of Congress, the galleries of the Senate should be permitted to be opened whilst the Senate should be engaged in its Legislative capacity, unless specially ordered otherwise. This, it will be perceived, was an important change in the constitution of the Senate.]

WEDNESDAY, March 4, 1789.

This being the day for the meeting of the new Congress, the following members of the Senate appeared and took their seats:

From New Hampshire, JOHN LANGDON and PAINE WINGATE.

From Massachusetts, CALEB STRONG.

From Connecticut, WILLIAM S. JOHNSON and OLIVER ELLSWORTH.

From Pennsylvania, WILLIAM MACLAY and ROBERT MORRIS.

From Georgia, WILLIAM FEW.

The members present not being a quorum, they adjourned from day to day, until

WEDNESDAY, March 11. When the same members being present as on the 4th instant, it was agreed that a circular should be written to the absent members, requesting their immediate attendance,

THURSDAY, March 12.

No additional members appearing, the members present adjourned from day to day, until

WEDNESDAY, March 18. When no additional members appearing, it was agreed that another circular should be written to eight of the nearest absent members, particularly desiring their attendance, in order to form a quorum.

THURSDAY, March 19.

WILLIAM PATERSON, from New Jersey, appeared and took his seat.

FRIDAY, March 20. No additional member appeared.

SATURDAY, March 21.

RICHARD BASSETT, from Delaware, appeared and took his seat.

A sufficient number of members to form a quorum not appearing, the members present adjourned from day to day, until

SATURDAY, March 28.

JONATHAN ELMER, from New Jersey, appeared and took his seat.

No other member appealing, an adjournment took place from day to day, until

MONDAY, April 6.

RICHARD HENRY LEE, from Virginia, then appearing, took his seat, and formed a quorum of the whole Senators of the United States.

The credentials of the members present being read and ordered to be filed, the Senate proceeded, by ballot, to the choice of a President, for the sole purpose of opening and counting the votes for President of the United States,

JOHN LANGDON was elected.

Ordered, That Mr. ELLSWORTH inform the House of Representatives that a quorum of the Senate is formed; that a President is elected for the sole purpose of opening the certificates, and counting the votes of the electors of the several States in the choice of a President and Vice-President of the United States; and that the Senate is now ready, in the Senate chamber, to proceed, in the presence of the House, to discharge that duty: and that the Senate have appointed one of their members to sit at the clerk's table to make a list of the votes as they shall be declared; submitting it to the wisdom of the House to appoint one or more of their members for the like purpose.

Mr. ELLSWORTH reported that he had delivered the message; and Mr. BOUDINOT, from the House of Representatives, informed the Senate that the House is ready forthwith to meet them, to attend the opening and counting of the votes of the electors of the President and Vice President of the United States.

The Speaker and the members of the House of Representatives attended in the Senate chamber; and the President elected for the purpose of counting the votes, declared that the Senate and House of Representatives had met, and that he, in their presence, had opened and counted the votes of the, electors for President and Vice President of the United States, which were as follows:

STATES.
New Hampshire, 5 5
Massachusetts, 10 10
Connecticut, 7 5 2
New Jersey, 6 1 - 5
Pennsylvania, 10 8 - - 2
Delaware, 3 - 3
Maryland, 6 - - - - 6
Virginia, 10 5 - 1 1 - 3
South Carolina, 7 - - - 1 - 6
Georgia, 5 2 1 1 1
Total, 69 34 2 9 4 6 3 6 2 1 1 1

Whereby it appeared that GEORGE WASHINGTON, Esq. was elected President, and JOHN ADAMS, Esq. Vice President of the United States ot America.

Mr. MADISON, from the House of Representatives, thus addressed the Senate:

Mr, President: I am directed by the House of Representatives to inform the Senate, that the House have agreed that the notifications of the election of the President and of the Vice President of the United States, should be made by such persons, and in such manner, as the Senate, shall be pleased to direct.

And he withdrew.

Whereupon, the Senate appointed CHARLES THOMSON, Esq. to notify GEORGE WASHINGTON, Esq. of his election to the office of President of the United States of America, and Mr. SYLVANUS BOURN, to notify JOHN ADAMS, Esq. of his election to the office of Vice President of the said United States.

A letter was received from James Duane, Esq. enclosing resolutions of the mayor, aldermen, and commonalty, of the city of New York, tendering to Congress the use of the City Hall.

James Mathews was elected door-keeper.

TUESDAY, April 7.

Messrs. ELLSWORTH, PATERSON, MACLAY, STRONG, LEE, BASSETT, FEW, and WINGATE, were appointed a committee to bring in a bill for organizing the Judiciary of the United States.

Messrs, ELLSWORTH, LEE, STRONG, MACLAY,. and BASSETT, were appointed a committee to prepare rules for the government of the two Houses in cases of conference, and to take under consideration the manner of electing chaplains, and to confer thereupon with a committee of the House of Representatives.

The same committee were also to prepare rules for conducting the business of the Senate.

WEDNESDAY, April 8.

The Senate proceeded to ballot for a Secretary, and SAMUEL ALYNE OTIS, Esq. was elected.

Cornelius Maxwell was appointed messenger.

THURSDAY, April 9.

Messrs. LANGDON, JOHNSON, and FEW, were appointed a committee to make arrangements, for receiving the President, and were empowered to confer with any committee of the House of Representatives that may be appointed for that purpose.

MONDAY, April 13.

RALPH IZARD, from South Carolina, CHARLES CARROLL, from Maryland, and GEORGE REED, from Delaware, appeared and took their seats.

The report of the committee to prepare rules for conducting the business of the Senate was read, and ordered to lie for consideration.

Messrs. JOHNSON, IZARD, and MACLAY, were appointed a committee to confer with any committee appointed on the part of the House of Representatives, upon the future disposition of the papers in the office of the late Secretary of Congress, and report thereon.

The committee appointed to make arrangements for receiving the President, wore directed to settle the manner of receiving the Vice President also.

Mr. CARROLL and Mr. IZARD were added to the Judiciary Committee.

TUESDAY, April 14.

TRISTRAM DALTON, from Massachusetts, appeared and took his seat.

A letter was written to the mayor of the city of New York, by the President of the Senate, acknowledging the respect shown to the Government, and accepting of the offer made by him of the City Hall for the use of Congress.

WEDNESDAY, April 15.

The committee appointed the 7th of April, to prepare a system of rules to govern the two Houses in cases of conference, to take into consideration the manner of electing chaplains, and to confer thereon with a committee of the House of Representatives, reported:

That they had conferred with a committee of the House of Representatives, for that purpose appointed.

Whereupon,

Resolved, That, in every case of an amendment to a bill agreed to in one House and dissented to in the other, if either House shall request a conference, and appoint a committee for that purpose, and the other House shall also appoint a committee to confer, such committees shall, at a convenient time, to be agreed on by their chairman, meet in the conference chamber, and state to each other verbally, or in writing, as either shall choose, the reasons of their respective Houses for and against the amendment, and confer freely thereon.

The committee abovementioned further reported.

That two chapluins, of different denominations, be appointed to Congress for the present session, the Senate to appoint one, and give notice thereof to the House of Representatives, who shall, thereupon, appoint the other; which chaplains shall commence their services in the Houses that appoint them, but shall interchange weekly.

Which was also accepted.

The committee to whom it was referred to consider of, and report respecting the ceremonial of receiving the President, and the arrangements necessary for the reception of the Vice President, agreed to the following report, viz:

That Mr. Osgood, the proprietor of the house lately occupied by the President of Congress, be requested to put the same, and the furniture thereof, in proper condition for the residence and use of the President of the United States, and otherwise, at the expense of the United States, to provide for his temporary accommodation.

That it will be more eligible, in the first instance, that a. committee of three members from the Senate, and five members from the House of Representatives, to be appointed by the two Houses respectively, attend to receive the President, at such place as he shall embark from New Jersey to this city, and conduct him, without form, to the house lately occupied by the President of Congress; and that, at such time thereafter as the President shall signify it will be most convenient for him, he be formally received by both Houses.

That a committee of two members from the Senate, and three members from the House of Representatives, to be appointed by the Houses respectively, wait on the Vice President of the United States, as soon as he shall come to this city, and, in the name of the Congress of the United States, congratulate him on his arrival.

Which report was read and accepted.

The Senate proceeded to the consideration of the report of the committee upon rules for conducting the business of the Senate, and, after some progress, adjourned to 11 o'clock to-morrow morning.

THURSDAY, April 16.

The Senate proceeded by ballot to the choice of the committees, conformably to the report of the committee of both Houses, agreed to on the 15th instant: Mr. LANGDON, Mr. CARROLL, and Mr. JOHNSON, were appointed to wait on the President, and Mr. ELLSWORTH, and Mr. DALTON, were appointed to wait on the Vice President.

Ordered, That Mr. STRONG, Mr. IZARD, and Mr. LEE, be a committee to report a mode of communication to be observed between the, Senate and House of Representatives with respect to papers, bills, and messages, and to confer thereon with such committee as may be appointed by the House of Representatives for that purpose.

The report of the committee appointed to determine upon rules for conducting business in the Senate was agreed to. Whereupon,

Resolved, That the following rules, from No. I to XIX, inclusive, be observed:

I. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected that shall have been made in the entries.

II. No member shall speak to another, or other-wise: interrupt the business of the Senate, or read any printed paper while the journals or public papers are reading, or when any member is speaking in any debate.

III. Every member, when he speaks, shall address the chair, standing in his place, and when he has finished shall sit down.

IV. No member shall speak more than twice in any one debate on the same day, without leave of the Senate.

V. When two members rise at the same time, the President shall name the person to speak; but in all cases the member first rising shall speak first.

VI. No motion shall be debated until the same shall be seconded.

VII. When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President, or any member, delivered in at the table, and read by the President before the same shall be debated

VIII. While a question is before the Senate, no motion shall be received unless for an amendment, for the previous question, or for postponing the main question, or to commit it, or to adjourn.

IX. The previous question being moved and seconded, the question from the chair shall be: "Shall the main question be now put?" And if the nays prevail, the main question shall not then be put.

X. If a question in debate contain several points, any member may have the same divided.

XI. When the yeas and nays shall be called for by one-fifth of the members present, each member called upon shall, unless for special reasons he be excused by the Senate, declare, openly and without debate, his assent or dissent to the question. In taking the yeas and nays, and upon the call of the House, the names of the members shall be taken alphabetically.

XII. One day's notice at least shall be given of an intended motion for leave to bring in a bill.

XIII. Every bill shall receive three readings previous to its being passed; and the President shall give notice at each, whether it be the first, second, or third; which readings shall be on three different days, unless the Senate unanimously direct otherwise.

XIV. No bill shall be committed or amended until it shall have been twice read, after which it may be referred to a committee.

XV. All committees shall be appointed by ballot, and a plurality of votes shall make a choice.

XVI. When a member shall be called to order, he shall sit down until the President shall have determined whether he is in order or not; and every question of order shall be decided by the President, without debate; but, if there be a doubt in his mind, he may call for the sense of the Senate.

XVII. If a member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the President may be better enabled to judge of the matter.

XVIII. When a blank is to be filled, and different sums shall be proposed, the question shall be taken on the highest sum first.

XIX. No member shall absent himself from the service of the Senate without leave of the Senate first obtained.

FRIDAY, April 17.

The petition of Leonard Bleecker, to be appointed sergeant-at-arms, was read, and ordered to lie on the table.

SATURDAY, April 18.

A letter from the Speaker of the House to the President was read, enclosing a concurrence of the House, with the resolve of Senate of the 15th, upon the mode of conference between the Senate and House of Representatives; also, a concurrence upon the mode of choosing chaplains.

On motion,

Resolved, That the following be subjoined to the standing orders of the Senate:

XX. Before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall he introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer.

MONDAY, April 20,

JOHN HENRY, from Maryland, and JAMES GUNN, from Georgia, appeared and took their seats.

Messrs. STRONG and IZARD, were appointed a committee to wait on the Vice President, and conduct him to the Senate chamber.

TUESDAY, April 21.

The committee appointed to conduct the Vice President to the Senate chamber, executed their commission, and Mr. LANGDON, the Vice President pro tempore, meeting the Vice President on the floor of the Senate chamber, addressed him as follows.

Sir: I have it in charge from the Senate, to introduce you to the chair of this House; and, also, to congratulate you on your appointment to the office of Vice President of the United States of America.

After which Mr. LANGDON conducted the Vice President to the chair, when the Vice President addressed the Senate as follows: Gentlemen of the Senate:

Invited to this respectable situation by the suffrages of our fellow-citizens, according to the Constitution, I have thought it my duty cheerfully and readily to accept it. Unaccustomed to refuse any public service, however dangerous to my reputation, or disproportioned to my talents, it would have been inconsistent to have adopted another maxim of conduct at this time, when the prosperity of the country, and the liberties of the people, require, perhaps, as much as ever, the attention of those who possess any share of the public confidence.

I should he destitute of sensibility, if, upon my arrival in this city, and presentation to this legislature, and especially to this Senate, I could see, without emotion, so many of those characters, of whose virtuous exertions I have so often been a witness — from whose countenances and examples I have ever derived encouragement and animation; whose disinterested friendship has supported me, in many intricate conjunctures of public affairs, at home and abroad; those celebrated defenders of the liberties of this country, whom menaces could not intimidate, corruption seduce, or flattery allure: those intrepid assertors of the rights of mankind, whose philosophy and policy have enlightened the world, in twenty years, more than it was ever before enlightened in many centuries, by ancient schools, or modern universities.

I must have been inattentive to the course of events, if I were either ignorant of the fame, or insensible to the merit of those other characters in the Senate, to whom it has been my misfortune to have been hitherto personally unknown.

It is with satisfaction that I congratulate the people of America on the formation of a national Constitution, and the fair prospect of a consistent administration of a government of laws. On the acquisition of a House of Representatives, chosen by themselves; of a Senate thus composed by their own State Legislatures; and on the. prospect of an executive authority, in the hands of one whose portrait I shall not presume to draw, Were I blessed with powers to do justice to his character, it would be impossible to increase the confidence or affection of his country, or make the smallest addition to his glory. This can only be effected by a discharge of the present exalted trust on the same principles, with the same abilities and virtues, which have uniformly appeared in all his former conduct, public or private. May I, nevertheless, be indulged to inquire, if we look over the catalogue of the first magistrates of nations, whether they have been denominated presidents or consuls, kings or princes, where shall we find one, whose commanding talents and virtues, whose over-ruling good fortune, have so completely united all hearts and voices in his favor? who enjoyed the esteem and admiration of foreign nations and fellow-citizens with equal unanimity? Qualities so uncommon, are no common blessings to the country that possesses them. By those great qualities, and their benign effects, has Providence marked out the head of this nation, with a hand so distinctly visible, as to have been seen by all men, and mistaken by none.

It is not for me to interrupt your deliberations by any general observations on the state of the nation, or by recommending or proposing any particular measure. It would be superfluous, to gentlemen of your great experience, to urge the necessity of order. It is only necessary to make an apology for myself. Not wholly without experience in public assemblies, I have been more accustomed to take a share in their debates, than to preside in their deliberations. It shall be my constant endeavor to behave towards every member of this most honorable body with all that consideration, delicacy, and decorum, which becomes the dignity of his station and character; but if, from inexperience or inadvertency, any thing should ever escape me, inconsistent with propriety, I must entreat you, by imputing it to its true cause, and not to any want of respect, to pardon and excuse it.

A trust of the greatest magnitude is committed to this Legislature; and the eyes of the world are upon you. Your country expects, from the results of your deliberations, in concurrence with the other branches of Government, consideration abroad, and contentment at home — prosperity, order, justice, peace, and liberty. And may God Almighty's Providence assist you to answer their just expectations.

WEDNESDAY, April 23.

Saturday next was assigned for proceeding to elect a chaplain.

The petition of William Finnie to be appointed sergeant-at-arms, was read and laid on the table.

THURSDAY, April 23.

The committee appointed on the 16th of April, to report a mode of communication to be observed between the Senate and House of Representatives, with respect to papers, bills, and messages, and to confer thereon with such committee as may be appointed by the House of Representatives for that purpose, have conferred with a committee of the House, and have agreed to the following report:

When a bill or other message shall be sent from the Senate to the House of Representatives, it shall be carried by the Secretary, who shall make one obeisance to the Chair, on entering the door of the House of Representatives, and another on delivering it at the table into the hands of the Speaker. After he shall have delivered it, he shall make an obeisance to the Speaker, and repeat it as he retires from the House.

When a bill shall be sent up by the House of Representatives to the Senate, it shall be carried by two members, who, at the bar of the Senate, shall make their obeisance to the President, and thence, advancing to the Chair, make a second obeisance, and deliver it into the hands of the President. After having delivered the bill, they shall make their obeisance to the President, and repeat it as they retire from the bar. The Senate shall rise on the entrance of the members within the bar, and continue standing until they retire.

All other messages from the House of Representatives, shall be carried by one member, who shall make his obeisance as above mentioned; but the President of the Senate, alone, shall rise. — Read and accepted.

On motion,

Resolved, That a committee, consisting of three members, be appointed to consider and report, what style or titles it will be proper to annex to the offices of President and Vice President of the United States; if any other than those given in the Constitution, Also, to consider of the time, place, and manner, in which, and the person by whom, the oath prescribed by the Constitution shall be administered to the President; and to confer thereon with such committee as the House of Representatives shall appoint for that purpose. Mr. LEE, Mr. IZARD, and Mr. DALTON, were chosen.

FRIDAY, April 24.

On motion, to reconsider the commission of the committee appointed the 23d instant, to report what titles shall be annexed to the offices of President and Vice President. Passed in the affirmative.

On motion, that the following words, "What titles it will be proper to annex to the offices of President and of Vice President of the United States; if any other than those given in the Constitution," be struck out. Passed in the negative.

On motion, that the words "style or" before the word "title," be added. Passed in the affirmative.

SATURDAY, April 25.

The Right Reverend SAMUEL PROVOST was elected Chaplain.

A letter from CHARLES THOMSON, Esq. dated the 24th of April, 1789, directed to the President of the Senate, purporting his having delivered to General WASHINGTON, the certificate of his being elected President of the United States, was read, and ordered to be filed.

The committee appointed to consider of the time, place, and maner, in which, and of the person by whom, the oath prescribed by the Constitution shall be administered to the President of the United States, and to confer with a committee of the House appointed for that purpose, report:

That the President hath been pleased to signify to them, that any time or place which both Houses may think proper to appoint, and any manner which shall appear most eligible to them, will be convenient and acceptable to him; that requisite preparations cannot probably be made before Thursday next; that the President be on that day formally received by both Houses in the Senate Chamber; that the Representatives' Chamber being capable of receiving the greater number of persons, that, therefore, the President do take the oath in that place, and in the presence of both Houses.

That, after the formal reception of the President in the Senate Chamber, he be attended by both Houses to the Representatives' Chamber, and that the oath be administered by the Chancellor of the State of New York.

The committee farther report it as their opinion, that it will be proper that a committee of both Houses be appointed to take order for conducting the business. Read and accepted.

Whereupon, Mr. LEE, Mr. IZARD, and Mr. DALTON, on the part of the Senate, together with a committee that may be appointed on the part of the House of Representatives, were empowered to take order tor conducting the business.

An order of the House of Representatives, concurring in the appointment of a committee on their part to confer with a committee appointed on the 24th instant, on the part of the Senate, to consider and report, "what style, &c. it will be proper to annex to the offices of President and Vice President," was read, by which it appeared, that Mr. BENSON, Mr. AMES, Mr. MADISON, Mr. CARROLL, and Mr. SHERMAN, were appointed on the part of the House.

MONDAY, April 27.

The committee appointed to take order for conducting the ceremonial of the formal reception, &c. of the President, reported:

That it appears to them more eligible that the oath should be administered to the President in the outer gallery adjoining the Senate Chamber, than in the Representatives' Chamber, and, therefore, submit to the respective Houses the propriety of authorizing their committee to take order as to the place where the oath shall be administered to the President, the resolution of Saturday assigning the Representatives' Chamber as the place, notwithstanding. Read and accepted.

Resolved, That after the oath shall have been administered to the President, he, attended by the Vice President, and members of the Senate, and House of Representatives, proceed to St. Paul's Chapel, to hear divine service, to be performed by the Chaplain of Congress already appointed. Sent to the House of Representatives for concurrence.

TUESDAY, April 28.

Received from the House of Representatives, the report of a joint committee on the ceremonial to be observed in administering the oath, &c. to the President; and a bill to regulate the time and manner of administering certain oaths. The report was read and ordered to lie on the table; and the bill received its first reading.

The committee appointed to report a mode of communication between the two Houses, with respect to papers, bills, &c. and to whom the subject was recommitted, having again conferred with the committee of the House of Representatives, agreed upon a report, which was read, and ordered to lie for consideration.

WEDNESDAY, April 29.

The Senate proceeded to the second reading of the bill to regulate the time and manner of administering certain oaths; and, after debate, it was committed to Messrs. STRONG, PATTERSON, REED, JOHNSON, and HENRY.

A letter from the Speaker of the House of Representatives, to the Vice President, was read, communicating the concurrence of the House on a report of a joint committee, on the mode of communicating papers, bills, and messages, between the Senate and House of Representatives;

Also, the concurrence of the House with the Senate, on the appointment of a committee respecting the future disposition of the papers in the office of the late Secretary; and Mr. TRUMBULL, Mr. CADWALLADER, and Mr. JACKSON, were joined.

THURSDAY, April 30.

The report of the committee on the mode of communication between the Senate and House of Representatives, was taken up, and, after debate, postponed.

Mr. LEE, in behalf of the committee appointed to take order for conducting the ceremonial of the formal reception, &c. of the President of the United States, having informed the Senate that the same was adjusted, the House of Representatives were notified that the Senate were ready to receive them in the Senate Chamber, to attend the President of the United States, while taking the oath required by the Constitution. Whereupon, the House of Representatives, preceded by their Speaker, came into the Senate Chamber, and took the seats assigned them, and the joint committee, preceded by their chairman, agreeably to order, introduced the President of the United States to the Senate Chamber, where he was received by the Vice President, who conducted him to the chair, when the Vice President informed him, that "the Senate, and House of Representatives of the United States, were ready to attend him to take the oath required by the Constitution, and that it would be administered by the Chancellor of the State of New York." To which the President replied, he was ready to proceed: and being attended to the gallery in front of the Senate Chamber, by the Vice President and Senators, the Speaker and Representatives, and the other public characters present, the oath was administered. After which, the Chancellor proclaimed, "Long live George Washington, President of the United States."

The PRESIDENT, having returned to his seat, after a short pause arose, and addressed the Senate and House of Representatives as follows:

Fellow Citizens of the Senate, and of the House of Representatives:

Among the vicissitudes incident to life, no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and received on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years: a retreat which was rendered every day more necessary, as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health, to the gradual waste committed on it by time. On the other hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhelm with despondence one, who, inheriting inferior endowments from nature, and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies. In this conflict of emotions, all I dare aver is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it might be effected. All I dare hope is, that if, in executing this task, I have been too much swayed by a grateful remembrance of former instances, or by an affectionate sensibility to this transcendant proof of the confidence of my fellow-citizens, and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me, my error will be palliated by the motives which misled me, and its consequences be judged by my country, with some share of the partiality in which they originated.

Such being the impressions under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first official act, my fervent supplications to that Almighty Being, who rules over the universe — who presides in the councils of nations — and whose providential aids can supply every human defect — that his benediction may consecrate to the liberties and happiness of the people of the United States, a Government instituted by themselves, for these essential purposes: and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own, nor those of my fellow-citizens at large less than either. No people can be bound to acknowledge and adore the invisible hand which conducts the affairs of men, more than the people of the United States. Every step by which they have advanced to the character of an independent nation, seems to have been distinguished by some token of providential agency; and in the important revolution just accomplished in the system of their united Government, the tranquil deliberations and voluntary consent of so many distinct communities from which the event has resulted, cannot be compared with the means by which most Governments have been established, without some return of pious gratitude, along with an humble anticipation of the future blessings which the past seems, to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed. You will join with me, I trust, in thinking, that there are none under the influence of which the proceedings of. a new and free Government can more auspiciously commence.

By the article establishing the executive department, it is made the duty of the President "to recommend to your consideration such measures as he shall judge necessary and expedient." The circumstances under which I now meet you will acquit me from entering into that subject, further than to refer to the great, constitutional charter under which you are assembled, and which, in defining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circumstances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism, which adorn the characters selected to devise and adopt them. In these honorable qualifications, I behold the surest pledges, that, as on one side no local prejudices or attachments, no separate views, nor party animosities, will misdirect the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests; so, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private morality, and the pre-eminence of free Government be exemplified by all the attributes which can win the affections of its citizens, and command the respect of the world. I dwell on this prospect with every satisfaction which an ardent love for my country can inspire: since there is no truth more thoroughly established, than that there exists, in the economy and course of nature, an indissoluble union between virtue and happiness; between duty and advantage; between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public prosperity and felicity: since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained; and since the preservation of the sacred fire of liberty, and the destiny of the republican model of Government, are justly considered as deeply, perhaps as finally, staked, on the experiment entrusted to the hands of the American people.

Besides the ordinary objects submitted to your care, it will remain with your judgment to decide how far an exercise of the occasional power delegated by the fifth article of the Constitution, is rendered expedient at the present juncture, by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. Instead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your discernment and pursuit of the public good: for, I assure myself, that whilst you carefully avoid every alteration which might endanger the benefits of a united and effective Government, or which ought to await the future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for the public harmony, will sufficiently influence your deliberations on the question, how far the former can be more impregnably fortified, or the latter be safely and advantageously promoted.

To the preceding observations I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and will, therefore, be as brief as possible. When I was first honored with a call into the service of my country, then on the eve of an arduous struggle for its liberties, the light in which I contemplated my duty required that I should renounce every pecuniary compensation. From this resolution 1 have in no instance departed. And being still under the impressions which produced it, I must decline, as inapplicable to myself, any share in the personal emoluments which may be indispensably included in a permanent provision for the executive departments and must accordingly pray that the pecuniary estimates for the station in which I am placed may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require.

Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us together, I shall take my present leave: but not without resorting once more to the benign Parent of the human race, in humble supplication, that, since He has been pleased to favor the American people with opportunities for deliberating in perfect tranquillity, and dispositions for deciding with unparalleled unanimity on a form of Government for the security of their union, and the advancement of their happiness, so his divine blessing may be equally conspicuous in the enlarged views, the temperate consultations, and the wise measures, on which the success of this Government must depend.

G. WASHINGTON.
April 30, 1789.

The President, the Vice President, the Senate, and House of Representatives, &c. then proceeded to St. Paul's Chapel, where divine service was performed by the chaplain of Congress, after which the President was reconducted to his house by the committee appointed for that purpose.

The Vice President and Senate returned to the Senate Chamber: and,

Upon motion, unanimously agreed. That a committee of three should be appointed to prepare an answer to the President's speech. Mr.

JOHNSON, Mr. PATERSON, and Mr. CARROLL, were elected.

FRIDAY, May 1.

The report of the joint committee, to whom was recommitted the mode of communication between the Senate and House of Representatives, as made by the committee on the part of the Senate, was taken up, and not accepted.

The same report of the committee on the part of the House, and the acceptance thereof by tho House, was considered in the Senate, and it was determined that it should lie until further order.

A motion, "That, when a messenger shall come from the House of Representatives to the Senate, and shall be announced by the doorkeeper, the messenger shall be received at the bar of this House by the Secretary, and the bill or paper that he may bring shall there be received from him by the Secretary, who shall deliver it to the President of the Senate," was committed to Mr. ELLSWORTH, Mr. LEE, and Mr. READ.

And the committee were instructed to report a mode of sending papers, bills, and messages, from the Senate to the House of Representatives.

SATURDAY, May 2.

Agreed, That, until a permanent mode of communication shall be adopted between the Senate and House of Representatives, the Senate will receive messages by the Clerk of the House, if the House shall think proper to send him; and papers sent from the House shall be delivered to the Secretary at the bar of the Senate, and by him be conveyed to the President.

A message from the House of Representatives, by Mr. Beckley, their Clerk, brought to the Senate the proceedings of the House on a resolution of the Senate of the 27th ult.; also, communicated the appointment of the Rev. William Lynn. D. D. one of the Chaplains of Congress.

Mr. STRONG, from the committee to whom the bill from the House of Representatives was referred, to regulate the time and manner of administering certain oaths, reported sundry amendments thereto, which were assigned for consideration on Monday next.

MONDAY. May 4.

The Senate proceeded to the consideration or the report of the committee on the bill to regulate the time and manner of administering certain oaths.

In line 1, strike out the words "Congress of the United States," and insert, "Senate and Representatives of the United States of America, in Congress assembled."

At the end of the second paragraph, add the words "of the Senate," and insert the following clause: "And be it further enacted, That the members of the several State Legislatures, and all executive and judicial officers of the several States, who have been heretofore chosen or appointed, or who shall be chosen or appointed before the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirmation, except where they shall have taken it before; which may be administered by any person authorized by the law of the State in which such office shall be holden to administer oaths. And the members of the several State Legislatures, and all executive and judicial officers of the several States, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who, by the law of the. State, shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner as, by the law of the State, he or they shall be directed to record or certify the oath of office."

In the last paragraph, strike out the words "of the United States of America," in the third and fourth lines, and insert the same words in the fourth line next after the words "as the case may be;'' — and which being accepted, Tuesday morning, 11 o'clock, was assigned for the third reading of the bill.

TUESDAY, May 5.

The bill to regulate the time and manner of administering certain oaths was read the third time and passed, with amendments.

Ordered, That the Secretary carry the aforementioned bill to the House of Representatives, together with the amendments, and address the Speaker in the words following.: SIR:

The Senate have passed the bill, entitled "An act to regulate the time and manner of administering certain oaths," with amendments, to which they desire the concurrence of your House.

Ordered, That when a bill has passed the Senate, the Secretary shall endorse the final determination thereon, and the day when such final question was taken, previous to its being transmitted to the House of Representatives.

Adjourned to Thursday morning.

THURSDAY, May 7.

The committee appointed to confer with such committee as might be appointed on the part of the House of Representatives, to report what style or titles it will be proper to annex to the offices of President and of Vice President of the United States, if any other than those given in the Constitution, reported.

Which report was ordered to lie for consideration.

The report of the committee upon the motion committed May 1st, was considered, and the first paragraph thereof accepted; whereupon,

Ordered, That, when a messenger shall come from the House of Representatives to the Senate, and shall be announced by the door-keeper, the messenger or messengers being a member or members of the House, shall be received within the bar, the President rising when the message is by one member, and the Senate also when it is by two or more: if the messenger be not a member of the House, he shall be received at the bar by the Secretary, and the bill or papers that he may bring shall there be received from him by the Secretary, and be by him delivered to the President.

The committee appointed to prepare an answer to the President's speech, delivered to the Senate and House of Representatives of the United States, reported as follows:

SIR:

We, the Senate of the United States, return you our sincere thanks for your excellent speech delivered to both houses of Congress; congratulate you on the complete organization of the Federal Government; and felicitate ourselves and our fellow-citizens on your elevation to the office of President; an office highly important by the powers constitutionally annexed to it, and extremely honorable from the manner in which the appointment is made. The unanimous suffrage of the elective body in your favor, is peculiarly expressive of the gratitude, confidence, and affection of the citizens of America, and is the highest testimonial at once of your merit and their esteem. We are sensible, sir, that nothing but the voice of your fellow-citizens could have called you from a retreat, chosen with the fondest predilection, endeared by habit, and consecrated to the repose of declining years. We rejoice, and with us all America, that, in obedience to the call of our common country, you have returned once more to public life. In you all parties confide; in you all interests unite; and we have no doubt that your past services, great as they have been, will be equalled by your future exertions; and that your prudence and sagacity as a statesman will tend to avert the dangers to which we arc exposed, to give stability to the present Government, and dignity and splendor to that country, which your skill and valor, as a soldier, so eminently contributed to raise to independence and empire.

When we contemplate the coincidence of circumstances, and wonderful combination of causes, which gradually prepared the people of this country for independence; when we. contemplate the rise, progress, and termination of the late war, which gave them a name among the nations of the earth; we arc, with you, unavoidably led to acknowledge and adore the great Arbiter of the universe, by whom empires rise and fall. A review of the many signal instances of divine interposition in favor of this country claims our most pious gratitude; and permit us, sir, to observe, that, among the great events which have led to the formation and establishment of a Federal Government, we esteem your acceptance of the office of President as one of the most propitious and important.

In the execution of the trust reposed in us, we shall endeavor to pursue that enlarged and liberal policy to which your speech so happily directs. We are conscious that the prosperity of each State is inseparably connected with the welfare of all, and that, in promoting the latter, we shall effectually advance the former. In full persuasion of this truth, it shall be our invariable aim to divest ourselves of local prejudices and attachments, and to view the great assemblage of communities and interests committed to our charge with an equal eye. We feel sir, the force, and acknowledge the justness of the observation, that the foundation of our national policy should be laid in private morality. If individuals be not influenced by moral principles, it is in vain to look for public virtue; it is, therefore, the duty of legislators to enforce, both by precept and example, the utility, as well as the necessity, of a strict adherence to the rules of distributive Justice. We beg you to be assured that the Senate will, at all times, cheerfully co-operate in every measure which may strengthen the Union, conduce to the happiness, or secure and perpetuate the liberties of this great confederated republic.

We commend you, sir, to the protection of Almighty God, earnestly beseeching him long to preserve a life so valuable and dear to the people of the United States; and that your administration may be prosperous to the nation, and glorious to yourself.

Read and accepted; and

Ordered, That the Vice President should affix his signature to the address, in behalf of the Senate.

Mr. Beckley, the Clerk of the House of Representatives, delivered a message, purporting "that the House had concurred with the Senate in the amendments proposed in a bill to regulate the time and manner of administering certain oaths;" and, "that the House proposed an amendment to the third amendment, by inserting after the words 'legislatures in the first place,' the words 'at the next session of the said legislatures respectively.' "

He also brought the Senate a resolve of the House of Representatives, appointing Mr. BLAND, Mr. TRUMBULL, and Mr. VINING, a committee on the part of the House, to confer with any committee to be appointed on the part of the Senate, and report "joint rules to be established between the two Houses, for the enrolment, &c. of the acts of Congress, and to confer on the mode of presenting addresses. bills, &c. to the President."

The Senate agreed to the amendment proposed by the House of Representatives to the amendment of the afore-mentioned bill: and appointed Mr. LANGDON, Mr. READ, and Mr. HENRY, a committee on their part, for the purpose expressed in the resolve of the House of Representatives, received this day; which, together with the concurrence of the Senate, to the amendment on the amendment to the bill above mentioned, was carried to the. House by the Secretary.

FRIDAY, May 8.

The report of the committee appointed to determine "What style or title it will be proper to annex to the offices of President and Vice President of the United States, if any other than those given in the Constitution:" and to confer with a committee of the House of Representatives appointed for the same purpose, was considered, and disagreed to.

The question was taken, "Whether the President of the United States shall be addressed by the title of His Excellency?" and it passed in the negative.

On motion that a committee of three be appointed to consider and report under what title it will be proper tor the Senate to address. the President of the United States, Mr. LEE, Mr. ELLSWORTH, and Mr. JOHNSON, were elected.

SATURDAY, May 9.

A message from the House of Representatives informed the Senate that they had accepted the report of the committee appointed to consider what style or title it will be proper to annex to the offices of President and Vice President of the United States, if any other than those given in the Constitution.

Ordered, That Mr. FEW, Mr. MACLAY, and Mr. STRONG, be a committee to view the apartments in the City Hall, and to confer with any committee that may be appointed by the House of Representatives for that purpose, and report how the same shall be appropriated.

The committee appointed to consider under what title it will be proper for the Senate to address the President of the United States, reported; the. consideration of which was postponed until Monday next.

The Secretary was charged with a message to the House of Representatives, with the order of Senate passed the 7th instant, on the mode adopted by the Senate in receiving communications from that House,

Ordered, That Mr. LEE, Mr. ELLSWORTH, and Mr. JOHNSON, be a committee to confer with any commitee to be appointed by the house of Represenatives, on the difference of opinion now subsisting between the two Houses, respecting the title of the President of the United States; and, on motion for consideration, the instruction to the committee was agreed to, as follows:

"That they consider and report under what title it will be proper for the President of the United States in future to be addressed, and confer thereon with such committee as the House of Representaives may appoint for that purpose."

The Secretary carried to the House of Representatives the appointment of a committee, on the part of the Senate, to view the rooms in the City Mall, and to confer upon their appropriation;

The rejection of the report of the committee appointed to consider what style, &c. it will be proper to annex to the offices of President and of Vice, President;

And the appointment of a committee on the part of the Senate to confer on a title under which it will be proper to address the President of the United States.

MONDAY, May 11.

Ordered, That the consideration of the report of the committee upon "the title by which it will be proper for the Senate to address the President," be postponed until Tuesday next.

Ordered, That a committee, to consist of Mr. ELLSWORTH, Mr. CARROLL, and Mr. FEW, be appointed, to consider and report a mode of carrying into execution the second paragraph of the third section of the first article of the Constitution.

The committee appointed the 13th of April to confer with a committee of the House of Representatives, upon the future disposition of the papers in the office of the late Secretary of Congress, made a report, which was ordered to lie until a committee, appointed May 7, to confer with a committee of the House "on joint rules to be established for the enrolment, &c. of the acts of Congress," should report.

TUESDAY, May 12.

The Clerk of the House of Representatives delivered a message, purporting that the House had concurred in the appointment of a committee on their part, consisting of Mr. WHITE, Mr. SCOTT, and Mr. STURGES, to confer with the committee appointed on the part of the Senate, May the 9th, on the appropriation of the rooms in the City Hall;

Also, that the House had appointed a committee, consisting of Mr. MADISON, Mr. TRUMBULL, Mr. PAGE, Mr. JOHNSON, and Mr. SHERMAN, to confer with any committee that the Senate shall appoint on the disagreeing votes of the Senate and House of Representatives upon the report of their joint committee, appointed to consider what titles shall be given to the

President and to the Vice President of the United States, if any other than those given in the Constitution.

Ordered, That the committee appointed the 9th of May, to consider "by what title it will be proper for the Senate to address the President of the United States, be instructed to confer with the committee of the House of Representatives, agreeably to the proposition in their message of this day.

A motion for the committee, appointed to address the President, to proceed, was postponed to Thursday next.

WEDNESDAY, May 13.

The committee appointed the 11th inst. on the mode of carrying into execution the second paragraph of the third section of the first article of the Constitution, reported: and the report was ordered to lie for consideration.

Ordered, That Mr. LANGDON, Mr. STRONG, and Mr. CARROLL, be a committee, to confer with any committee that may be appointed on the part of the House of Representatives, and report what newspapers the members of the Senate and House of Representatives shall be furnished with at the public expense.

A committee, consisting of Mr. JOHNSON, Mr. READ, Mr. LANGDON, Mr. MORRIS, Mr.

DALTON, Mr. ELMER, Mr. HENRY, and Mr. GUNN, was appointed to report a bill, defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment.

THURSDAY, May 14.

The petition of Archibald M'Lean, to be employed as a printer to the Senate and House of Representatives, was read, and ordered to lie on the table.

The Secretary carried to the House of Representatives the order of Senate, passed yesterday, appointing a committee to report "what newspapers the members of Congress shall be furnished with at the public expense."

The committee, appointed the 9th instant, to determine "under what title it will be proper for the Senate to address the President, "and to confer with a committee of the House of Representatives "upon the disagreeing votes of the Senate and House," informed the Senate that they had conferred with a committee of the House of Representatives, but could not agree upon a report.

The committee, appointed the 9th instant, "to consider and report under what title it will be proper for the Senate to address the President of the United States of America," reported:

'That, in the opinion of the committee, it will be proper thus to address the President: His Highness, the President of the United States of America, and Protector of their Liberties."

Which report was postponed; and the following resolve was agreed to, to wit:

From a decent respect for the opinion and practice of civilized nations, whether under monarchical or republican forms of Government, whose custom is to annex titles of respectability to the office of their Chief Magistrate; and that, on intercourse with foreign nations, a due respect for the majesty of the people of the United States may not be hazarded by an appearance of singularity, the Senate have been induced to be of opinion, that it would be proper to annex a respectable title to the office of President of the United States; but, the Senate, desirous of preserving harmony with the House of Representatives, where the practice lately observed in presenting an address to the President was without the addition of titles, think it proper, for the present, to act in conformity with the practice of that House: therefore,

Resolved, That the present address be "To the President of the United States," without addition of title.

A motion was made to strike out the preamble as far as the words "but the Senate;" which passed in the negative:

And, on motion for the main question, it passed in the affirmative.

The committee appointed to consider and report a mode of carrying into effect the provision in the second clause of the third section of the first article of the Constitution, reported;

Whereupon,

Resolved, That the Senators be divided into three classes;

The first to consist of Mr. Langdon, Mr. Johnson, Mr. Morris, Mr. Henry, Mr. Izard, and Mr. Gunn;

The second of Mr. Wingate, Mr. Strong, Mr. Paterson, Mr. Bassett, Mr. Lee, Mr. Butler, and Mr. Few;

And the third of Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr. Maclay. Mr. Read, Mr. Carroll, and Mr. Grayson.

That three papers of an equal size, numbered 1, 2, and 3, be, by the Secretary, rolled up and put into a box, and drawn by Mr. Langdon, Mr. Wingate, and Mr. Dalton, in behalf of the respective classes, in which each of them are placed; and that the classes shall vacate their seats in the Senate, according to the order of numbers drawn for them, beginning with No. 1.

And that, when Senators shall take their seats from States that have not yet appointed Senators, they shall be placed by lot in the foregoing classes, but in such manner as shall keep the classes as nearly equal as may be in numbers.

The committee appointed to confer with a committee of the House of Representatives, in preparing proper rules to be established for the enrolment, &c. of the acts of Congress, reported; which report was ordered to lie for consideration.

Ordered, That the committee appointed to draught an answer to the President's speech, wait on him, and request him to appoint the time when it will be agreeable to receive the address of the Senate, at his own house.

FRIDAY, May 15.

The committee appointed to draught an answer to the President's speech further reported; whereupon it was

Agreed, That the Senate should wait on the President at his own house on Monday next, at a quarter after 11 o'clock, and that the Vice President then present the address of the Senate, as agreed to on the 7th instant.

The Senate proceeded to determine the classes, agreeably to the resolve of yesterday, on the mode of carrying into effect the provision of the second clause of the third section of the first article of the Constitution; and the numbers being drawn, the classes were determined as follows:

Lot No. 1, drawn by Mr. Dalton contained Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr. Maclay, Mr. Read, Mr. Carroll. and Mr. Grayson; whose seats shall, accordingly, be vacated in the Senate at the expiration of the second year.

Lot No. 2, drawn by Mr. Winkle, contained Mr. Wingate, Mr. Strong, Mr. Paterson, Mr. Basset, Mr. Lee, Mr. Butler, and Mr. Few; whose seats shall, accordingly, be vacated in the Senate: at the expiration of the fourth year.

Lot No. 3, drawn by Mr. Langdon, contained Mr. Langdon, Mr. Johnson, Mr. Morris, Mr. Henry. Mr.. Izard. and Mr. Gunn; whose seats shall, accordingly, be vacated in the Senate at the expiration of the sixth year.

SATURDAY, May 16.

A message from the House of Representatives informed the Senate that the House had concurred in the appointment of a committee, consisting of Mr. Sylvester, Mr. Wyn-koop, and Mr. Smith of South Carolina, to confer with a committee appointed on the part of the Senate the 13th instant, and to report what newspapers the members of Congress shall be furnished with at the public expense: and that it was an instruction to the said committee, on the part of the House, to receive proposals for printing the acts and other proceedings of Congress.

The question being taken, "Whether the Senate will give a similar instruction to the committee on their part?" it passed in the affirmative. And the Secretary informed the House of Representatives of the concurrence.

Ordered, That the petitions from sundry printers, presented to the Senate, be referred to the committee of the Senate appointed the 13th inst.

The committee appointed the 14th of April to consider the mode of keeping and publishing the journals, &c, reported; and the report was ordered to lie on the table.

MONDAY, May 18.

Agreeably to the order of the 15th instant, the Senate waited on the President of the United States at his own house, when the Vice President, in their name, delivered to the President the address agreed to on the 7th inst. To which the President of the United States was pleased to make the following reply:

GENTLEMEN: I thank you for your address, in which the most affectionate sentiments are expressed in the. most obliging terms. The coincidence of circumstances which led to this auspicious crisis, the confidence reposed in me by my fellow citizens, and the assistance I may expect from counsels which will be dictated by an enlarged and liberal policy, seem to presage a more prosperous issue to my administration, than a diffidence of my abilities had taught me to anticipate. I now feel myself inexpressibly happy in a belief that Heaven, which has done so much for our infant nation, will not withdraw its providential influence before our political felicity shall have been completed, and in a conviction that the Senate will at all times co-operate in every measure which may tend to promote the welfare of this confederated republic. Thus supported by a firm trust in the great Arbiter of the universe, aided by the collective wisdom of the Union, and imploring the divine benediction on our joint exertions in the service of our country, I readily engage with you in the arduous but pleasing task of attempting to make a nation happy.

G. WASHINGTON.

The Clerk of the House of Representatives brought to the Senate a bill for laying a duty on goods, wares, and merchandises, imported into the United States; which he informed the Senate the House had passed, and to which they desired the concurrence of the Senate.

The bill above mentioned was read a first time, and Thursday next was assigned for the second reading.

Ordered, That Mr. LEE be a committee, on the part of the Senate, to join any committee appointed for that purpose on the part of the House of Representatives, to lay before the President, of the United States, for his approbation, a bill to regulate the time and manner of administering certain oaths; after it shall be enrolled, examined by the said committee, and signed by the Speaker of the House of Representatives and by the Vice President.

TUESDAY, May 19.

The Secretary carried to the House of Representatives the resolve of the Senate, passed the 18th instant, appointing a committee on their part, to lay before the President a bill to regulate the time and manner of administering certain oaths; after it shall be enrolled. &c.

The committee to whom was referred the motion for printing the journals of the Senate, and furnishing each member with a copy thereof; and also, to report upon the mode of keeping the journals, and who were instructed to consider whether the minutes be amended, so as to record only the acts of the Senate on the journal, reported as follows:

"That one hundred and twenty copies of the journals of the legislative proceedings only be printed once a month, commencing the first publication on the first day of June next, and that each member be furnished with a copy; that the proceedings of the Senate, when they shall act in their executive capacity, shall be entered and kept in separate and distinct books.

"That every vote of the Senate shall be entered on the journals, and that a brief statement of the contents of each petition, memorial, or paper, presented to the Senate, be also inserted on the journals.

"That the journals, previous to each publication, be revised by a committee to be appointed from time to time for that purpose;" which report was accepted,

The committee appointed to confer with a committee of the House of Representatives, and report what newspapers the members of Congress shall be furnished with at the public expense, reported in part; which report was ordered to lie on the table.

Ordered, That Mr. PATERSON, Mr. CARROLL, and Mr. WINGATE, be a committee to revise the journal, previous to its publication.

WEDNESDAY, May 20.

The petition of Thomas Allen, to supply the stationery that may be wanted for the use of Congress, was read, and referred to the committee on petitions of a similar nature.

THURSDAY, May 21.

WILLIAM GRAYSON, from Virginia, appeared and took his seat.

Resolved, That all bills on a second reading shall be considered by the Senate in the same manner as if the Senate were in a committee of the whole, before they shall be taken up and proceeded on by the Senate, agreeably to the standing rules, unless otherwise ordered.

Mr. GRAYSON was added to the committee appointed the 13th of May, "to define the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."

FRIDAY May 22.

A message from the House of Representatives informed the Senate that they had appointed Messrs Partridge and Floyd, a committee on their part, to lay before the President, after it shall have passed the formalities prescribed in the resolve of the 18th of May, the bill to regulate the time and manner of administering certain oaths.

The committee appointed to examine the afore-mentioned bill, reported, that they had performed the service; whereupon, the bill was signed by the Vice President, and was, by the committee thereunto appointed, hud before the President of the United States for his approbation.

MONDAY, May 25.

The Senate proceeded to consider the bill for laying a duty on goods, wares, and merchandises imported into the United States; and, after progress, adjourned.

The Senate to-day, for the first time, entered upon executive business, having received from the President of the United States a communication covering a report from the Secretary of War, on the negotiations of the Governor of the Western Territory with certain northern and northwestern Indians, and the treaties made in consequence thereof at Fort Harmar, on the 9th of January, 1789, which was read, as follows, and ordered to lie on the table.

That the several treaties of peace which have been made with the northern tribes of Indians, and those northwest of the Ohio, since the conclusion of the late war with Great Britain, are as follows, to wit:

1st. The treaty at Fort Stanwix, on the 22d day of October, 1784, between Oliver Wolcott, Richard Butler, and Arthur Lee, Commissioners Plenipotentiary from the United States, on the one part, and the sachems and warriors of the Six Nations on the other.

2d. The treaty entered into by the said Commissioners Plenipotentiary and the sachems and warriors of the Wyandot, Delaware, Chippawa, and Ottawa nations of Indians, at Fort McIntosh, the 21st day of January, 1785.

3d. The treaty at the mouth of the Great Miami, the 31st day of January, 17S6, between commissioners from the United States, and the chiefs and warriors of the Shawanee nation.

That the treaties of Fort Stanwix and Fort McIn-tosh were entered on the journals of the United States, in Congress assembled, June 3d, 1785; and the treaty of the Miami on the 17th day of April, 1786.

That it may he proper to observe, that the Indians are greatly tenacious of their lands, and generally do not relinquish their right, excepting on the principle of a specific consideration expressly given for the purchase of the same.

That the practice of the late English colonies and Government, in purchasing the Indian claims, has firmly established the habit in this respect, so that it cannot be violated but with difficulty, and an expense greatly exceeding the value of the object.

That the treaties of Fort Stanwix and of Fort McIntosh do not state that the limits therein defined are by virtue of a purchase from the Indians.

That the said treaties have been opposed and complained of, will appear by the representation to Congress accompanying this report, marked No. 1.

That, in consequence of the said representation, Congress, on the 21st day of July, 1787, passed the following resolve:

"Resolved, That the Superintendent of Indian Affairs for the Northern Department inform the Five Nations, the Hurons, and other Indian nations, who joined in the representation made to Congress, dated the 18th day of December, 1786, that Congress, on the 18th of the present month, July, 1787, received their said representation, and have taken it into their serious consideration, and in due time will send them an answer."

That, on the 5th of October following, Congress resolved:

"That a general treaty be held with the tribes of Indians within the limits of the United States, inhabiting the country northwest of the Ohio, and about Lake Erie, as soon after the 1st of April next as conveniently may be, and at such place, and at such particular time, as the Governor of the Western Territory shall appoint, for the purpose of knowing the causes of uneasiness among the said tribes, and hearing their complaints, of regulating trade, and amicably settling all affairs concerning lands and boundaries between them and the United States.

"That the Governor of the Western Territory hold the said treaty, agreeably to such instruction's as shall be given him for that purpose."

That, on the 12th of October, 1787, Congress resolved:

"That twenty thousand dollars be, and hereby are, appropriated for the purpose of Indian treaties", whenever the same shall hereafter be judged necessary by a majority of the United States in Congress assembled; and that the resolutions for holding a general treaty with the Indians, passed the 5th day of the present month, be, and they are hereby repealed."

That, on the 22d of October, 1787, Congress resolved:

"That the Governor of the Western Territory be, and he is hereby empowered, to hold a general treaty with the Indian tribes the ensuing spring, if in his judgment the public good requires it, and that he be authorized to draw for such sums of money, appropriated by the resolve of' Congress of the 12th instant, as may be necessary to effect this object, not exceeding the sum of fourteen thousand dollars."

That, on the 2d of July, 1788, Congress resolved:

"That the sum of twenty thousand dollars, in addition to the fourteen thousand dollars already appropriated, be appropriated for defraying the expenses of the treaties which have been ordered, or which may be ordered to be held in the present year, with the several Indian tribes in the northern department, and for extinguishing the Indian claims; the whole of the said twenty thousand dollars, together with six thousand dollars of the said fourteen thousand dollars, to be applied solely to the purpose of extinguishing Indian claims to the lands they have already ceded to the United States, by obtaining regular conveyances for the same, and for extending a purchase beyond the limits hitherto fixed by treaty: but that no part of the said sums be applied for any purpose other than those above mentioned."

That the instructions to the Governor of the Western Territory, marked No. 2, will further show the sense of Congress on this subject.

That the treaties of Fort Harmar, on the 9th of January, 1789, with the sachems and warriors of the Six Nations, the Mohawks excepted, and with the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippawa, Pattiwatima, and Sac nations, inhabiting part of the country northwest of the Ohio, appear to have been negotiated by the Governor of the Western Territory, so as to unite the interests of the United States with the justice due the said Indian nations.

That the reservation, in the treaty with the Six Nations, of six miles square round the fort at Oswego, is within the territory of the State of New York, and ought to be so explained as to render it conformable to the Constitution of the United States.

That, if this explanation should be made, and the Senate of the United States should concur in their approbation of the said treaties, it might be proper that the same should be ratified and published, with a proclamation enjoining an observance thereof.

All which is humbly submitted to the President of the United States.

H. KNOX.
WAR OFFICE, May 23, 1789.

TUESDAY, May 26.

A message from the House of Representatives informed the Senate that they had appointed a committee, consisting of Messrs. PARTRIDGE, FLOYD, and THATCHER, to confer with any committee which may be appointed by the Senate, on the proper method of receiving into either House bills or messages from the President of the United States.

Said message was considered by the Senate, and Messrs. LEE and IZARD were appointed a committee on their part.

WEDNESDAY, May 27. The Secretary went to the House of Representatives with a message, purporting the concurrence, on the part of the Senate, in the appointment of a committee upon the mode of receiving messages from the President of the United States, agreeably to the proposition of the House of Representatives made yesterday. Adjourned to 11 o'clock to-morrow morning.

THURSDAY, May 28.

The Senate proceeded in the consideration of the bill for laying a duty on goods, wares, and merchandises imported into the United States; and, after debate, adjourned.

FRIDAY, May 29.

Proceeded to the consideration of the bill for laying a duty on goods, wares, and merchandises imported into the United States.

The committee, appointed the 13th instant, to confer with the committee of the House of Representatives, and report "what newspapers the members of Congress shall be furnished with at the public expense," further reported; which report was ordered to lie on the table.

A message from the House of Representatives brought to the Senate an engrossed bill, imposing duties on tonnage;

A resolve of the House of Representatives of the 28th, providing the members of the Senate and House of Representatives each with a set of the journals of the late Congress;

A resolve of the 28th, on the report of a joint committee appointed "to confer on the mode of furnishing the members of the Senate and House of Representatives with newspapers, journals," &c.;

Also, a resolve of this day, on the report of a joint committee appointed "to confer upon the mode of receiving, in the Senate and House of Representatives, bills, &c. from the President of the United States," desiring the concurrence of the Senate thereto.

The, House Resolved, That until the public offices are established, and the. respective officers are, appointed, any returns of bills and resolutions, or other communications from the President, may he received by either House, under cover, directed to the President of the Senate, or Speaker of the House of Representatives, (as the case may be,) and transmitted by such person as the President may think proper.

The Senate concurred.

MONDAY, June 1.

The Secretary carried to the House of Representatives the concurrence of the Senate upon a resolve of the House of the 29th of May, on the mode of receiving communications from the President of the United States.

A message from the House of Representatives, by Mr. Beckley, their Clerk.

Mr. PRESIDENT: I am directed to inform the Senate that the President has affixed his signature to a bill to regulate the time and manner of administering certain oaths, and has returned it to the House of Representatives, from whence it originated.

The Senate proceeded in the consideration of the bill for laying a duty on goods, wares, and merchandises imported into the United States; and, after debate, adjourned.

TUESDAY, June 2.

The resolve of the House of Representatives of the 28th ult. was considered as follows:

The House proceeded to consider the two reports, one made the 19th instant, the other the 26th instant, by the committee appointed to confer with a committee of the Senate, to consider and report what newspapers the members of Congress shall be furnished with at the public expense, and to receive proposals for printing the acts and other proceedings of Congress: and the first report, in the words following:

That, in their opinion, public economy requires that the expense heretofore incurred by the public, of supplying every member of Congress with all the newspapers printed at the seat of Congress, should be retrenched in future; but, as your committee consider the publication of newspapers to be highly beneficial in disseminating useful knowledge throughout the United States, and deserving of public encouragement, they recommend that each member of Congress be supplied, at the public expense, with one paper, leaving the choice of the same to each member; and that it be the duty of the Secretary of the Senate, and Clerk of the House of Representatives, to give the necessary directions to the different printers, to furnish each member with such paper as he shall choose."

Being again read and debated, Resolved, That this House doth disagree to the said report.

The other report being again read, and amended to read as follows:

"That it would be proper that it should be left to the Secretary of the Senate and Clerk of the House of Representatives, to contract with such person as shall engage to execute the printing and binding business on the most reasonable terms, the paper being furnished by the said Secretary and Clerk, to such person, at the public expense; that such person as they shall contract with shall be obliged to render a state of his accounts quarterly; and that six hundred copies of the acts of Congress, and seven hundred copies of the journals, be printed, and distributed to the executive and judicial, and heads of departments of the Government of the United States, and the executive, legislative, and judicial of the several States."

Resolved, That this house doth agree to the said report.

And, on the question of concurrence on the first report, it was postponed.

The other report was read, and concurred with an amendment, viz: after the words "and distributed to the," insert "members of the legislative, to the."

The. Senate proceeded in the consideration of the bill for laying a duty on goods, wares, and merchandises imported into the United States.

WEDNESDAY, June 3.

Proceeded in the consideration of the bill for laying a duty on goods, wares, and merchandises imported into the United States; and further postponed the second reading until to-morrow.

The Secretary informed the House of Representatives of the concurrence of the Senate, it a resolve of the 28th of May, upon the mode of printing the acts and journals of Congress as agreed to yesterday; and requested the House of Representatives to send to the Senate "An act to regulate the time and manner of administering certain oaths."

A message from the House of Representatives brought to the Senate the act last mentioned, and informed the Senate of the concurrence of the House of Representatives in their amendment on a resolve of the 28th May, on the. mode of printing the acts and journals of Congress.

Ordered, That Mr. LANGDON administer the oath to the Vice President; which was done accordingly.

And the Vice President administered the oath, according to law, to the following members: to Messrs. LANGDON, WINGATE, STRONG, DALTON, JOHNSON, ELLSWORTH, PATERSON, MACLAY, MORRIS, READ, BASSETT. CARROLL, HENRY, LEE, GRAYSON, IZARD, FEW, GUNN.

The same oath was, by the Vice President, administered to the Secretary, together with the oath of office.

Ordered, That Messrs. MORRIS, CARROLL, LANGDON, READ, and LEE, be a committee to consider and report the mode of communicating the acts of Congress to the several States in the Union, and the number necessary for that purpose.

THURSDAY, June 4.

On the report of the committee, appointed tho 3d June, to consider the mode of communicating the acts of Congress to the several States in the Union,

Resolved, That, in ten days after the passing of every act of Congress, during the present session, or until some other regulation shall be adopted, twenty-two printed copies thereof, signed by the Secretary of the Senate and Clerk of the House of Representatives, and certified by them to be true copies of the original act, be lodged with the President of the United States; and that he be requested to cause to be transmitted two of the said copies so attested as aforesaid, to each of the supreme Executives in the several States,

The Secretary carried the aforesaid resolve to the House of Representatives for their concurrence.

The Senate proceeded to the second reading of the bill for laying a duty on goods, wares, and merchandises imported into the United States;

And the further consideration of the bill was postponed until to-morrow.

FRIDAY, June 5.

A message from the House of Representatives, by Mr. Beckley, their Clerk, who informed the Senate of the concurrence of the House on the resolution of the 4th June, upon the mode of communicating the acts of Congress to the Executives of the several States in the Union.

According to the order of the day, the Senate proceeded in the second reading of the bill for laying a duty on goods, wares, and merchandises imported into the United States.

MONDAY, June 8.

PIERCE BUTLER, from South Carolina, appeared and took his seat.

The Vice President administered the oath to Mr. Butler.

The Senate concurred with the resolution of the House of Representatives, that every member of the present Congress, who is not yet furnished with a copy of the journals of the late Congress, shall, on application to the Keeper of the Records of the late Congress, be entitled to receive a complete set of such journals.

The Senate proceeded in the second reading of the bill for laying a duly on goods, wares, and merchandises imported into the United States, and agreed that Mr. ELLSWORTH. Mr. MORRIS, Mr. LEE, Mr. BUTLER, and Mr. DALTON, be a committee, to consider and report the expediency of adding a clause prohibiting the importation of goods from China, or India, in ships or vessels other than those belonging to the citizens of the United States.

TUESDAY, June 9.

Sundry petitions were presented.

The bill imposing duties on tonnage was read a first time, and Tuesday next was assigned for the second reading.

The Senate proceeded in the second reading of the bill for laying a duly on goods, wares, and merchandises imported into the United States; and Wednesday next was assigned for the third reading of the bill.

WEDNESDAY, June 10. Agreeably to the order of the day, proceeded to a third reading of the bill for laying a duty on goods, wares, and merchandises imported into the United States.

THURSDAY, June 11.

Proceeded in the third reading of the bill or laying a duly on goods, wares, and merchandises imported into the United States.

And the question being taken upon the bill, it was concurred in with sundry amendments.

The Senate entered on executive business, and received from thy President of the United States a communication in relation to the functions and prerogatives of consuls, vice consuls, &c., which was ordered to lie for consideration.

FRIDAY, June 12.

Mr. LEE, in behalf of the committee thereto appointed, reported a bill to establish the judicial courts of the United States.

The Senate entered on executive business. They referred the President's message of the 25th ult. to a committee, consisting of Messrs. FEW, READ, and HENRY.

The consideration of the message of the 11th instant was postponed.

MONDAY, June 15.

Proceeded to the second reading of a bill imposing duties on tonnage; and, after debate, adjourned.

TUESDAY, June 16.

Proceeded in the second reading of the bill imposing duties on tonnage.

The Senate entered on executive business. A communication from the President informed them that Mr. JEFFERSON wished to return home, and he proposed WILLIAM SHORT, Esq. to take his plate as minister to France. Laid on the table.

WEDNESDAY, June 17.

Agreeably to the order of the day, proceeded to the third reading of the bill imposing duties on tonnage, and concurred in the same, with sundry amendments.

Ordered, That a committee, to consist of Messrs. BUTLER, MORRIS, LANGDON, DALTON, and LEE, be appointed to arrange and bring forward a system for the regulation of the trade and intercourse between the United States and the territory of other Powers in North America and the West Indies, so as to place, the same on a more beneficial and permanent footing.

The committee, appointed May the 9th, to view the rooms in the City Hall, and to confer with a committee of the House of Representatives appointed for that purpose, reported.

Ordered, That the report lie for consideration.

The Senate went into executive business. They examined into the fitness of Mr. SHORT to supply the place of Mr. JEFFERSON, but came to no conclusion.

THURSDAY, June 18.

The Senate went into executive business, and continued the appointment of Mr. SHORT to lake charge of our affairs at the court of France, during the absence of the minister.

FRIDAY, June 19.

The committee, appointed May 9th, to view the rooms in the City Hall, and to concur with a committee of the House of Representatives appointed for that purpose, reported in part:

That the two rooms on the first floor, in the southwest angle of the said hall, are not necessary for the accommodation of Congress; and that the mayor of the city be notified thereof, that the said rooms may be occupied by such persons as the corporation may employ to take charge of the building.

Read and accepted, and sent to the House of Representatives for concurrence.

MONDAY, June 22.

Proceeded to the second reading of the bill to establish the judicial courts of the United States; and, after progress, adjourned.

TUESDAY, June 23.

Resumed the consideration of the bill to establish the judicial courts of the United States; and, after progress, adjourned.

WEDNESDAY, June 34.

Proceeded in consideration of the bill to establish the judicial courts of the United States.

A message from the House of Representatives brought to the Senate the concurrence of the House upon the report of a committee, appointed May the 9th, to view the rooms in the City Hall: a bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs, which had passed the House of Representatives, and to which the concurrence of the Senate was desired.

THURSDAY, June 25.

Proceeded to consider a message from the House of Representatives on the amendments proposed by the Senate to a bill for laying a duty on goods, wares, and merchandises imported into the United States; and agreed to a part of the proposed amendments, and disagreed to others.

The Senate proceeded to the consideration of the bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs; which was read the first time, and ordered to lie for consideration.

Proceeded in the second reading of a bill to establish the judicial courts of the United States; and, after debate, adjourned.

FRIDAY, June 26.

Resumed the consideration of the bill to establish the judicial courts of the United States.

SATURDAY, June 27.

Mr. MORRIS, in behalf of the committee appointed to confer with a committee of the House of Representatives upon the amendments proposed to a bill for laying a duty on goods, wares, and merchandises imported into the United States, and upon a bill imposing duties on tonnage, reported upon the respective, bills; and the reports were ordered to lie for consideration.

Resumed the consideration of the bill to establish the judicial courts of the United States.

MONDAY, June 29.

Resumed the consideration of the bill to establish the judicial courts of the United States.

The bill for laying a duty on goods, wares, and merchandises imported into the United States, was carried to the House of Representatives, with the amendments as agreed to.

TUESDAY, June 30.

The Semite resumed the consideration of the bill to establish the. judicial courts of the United States; and, after debate, adjourned.

WEDNESDAY, July 1.

Resumed the consideration of the bill to establish the judicial courts of the United States.

THURSDAY, July 2.

The Senate resumed the consideration of the bill to establish the judicial courts of the United States.

FRIDAY, July 3.

Resumed the consideration of the bill to establish the judicial courts of the United States; and, after debate, adjourned.

MONDAY, July G.

Read the second time the bill to establish the judicial courts of the United States, and assigned to-morrow for the third reading.

The bill to establish the Treasury Department was read a first time, and Monday next was assigned for a second reading.

The second reading of a bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs, was deferred to Thursday next.

A bill to establish an Executive Department, to be denominated the Department of War, was read a first time, and Friday next was assigned for a second reading.

A message from the House of Representatives informed the Senate that the President of the United States had affixed his signature to a bill for laying a duty on goods, wares, and merchandises imported into the United States, and had returned it to the House of Represen[ta]tives; and that the House had appointed a committee on their part, to be joined by a committee on the part of the Senate, for the purpose of examining an enrolled bill imposing duties on tonnage, and to lay the same before the President of the United States for his approbation. He also communicated to the Senate a resolve of the House of Representatives, providing that there be prefixed to the publication of the acts of the present session of Congress a correct copy of the constitution of the United States.

The resolve of the House of Representatives, providing that a copy of the constitution of the United States be prefixed to the publication of the acts of the present session of Congress, was read; whereupon,

Resolved, That the Senate do concur therewith,

TUESDAY, July 7,

According to the order of the clay, proceeded to a third reading of the bill to establish the judicial courts of the United States.

WEDNESDAY, July 8.

The Senate resumed the consideration of the bill to establish the judicial courts of the United States.

THURSDAY, July 9.

The Senate resumed the consideration of the bill to establish the judicial courts of the United States.

FRIDAY, July 10.

The bill to establish the judicial courts of the United States underwent further discussion.

SATURDAY, July 11.

Resumed the consideration of the bill to establish the judicial courts of the United States, which was further discussed.

MONDAY, July 13.

Mr. BUTLER, in behalf of the committee appointed the 17th of June, to bring forward a system for the regulation of the trade and intercourse between the United States and the territory of other Powers in North America and the West Indies, so far as to place the same upon a more beneficial and permanent footing, reported; and the report was ordered to lie for consideration.

Resumed the third reading of "a bill to establish the judicial courts of the United States." and which was recommitted.

TUESDAY, July 14.

Proceeded to the second reading of a bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs; and, after debate, adjourned.

WEDNESDAY, July 15.

A message from the House of Representatives informed the Senate that they had passed a bill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States; to which they requested the concurrence of the Senate.

The above bill was read a first time, and Friday next was assigned for a second reading.

Resumed the consideration of the bill Reestablishing an Executive Department, to be denominated the Department of Foreign Affairs.

THURSDAY, July 16.

Resinned the, consideration of the bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs.

FRIDAY, July 17.

Resumed the consideration of the bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs; and agreed, line 1st, to expunge the words "Congress of the United States," and insert, "Senate and House of Representatives of the United States of America, in Congress assembled;" and assigned to-morrow for its third reading.

On motion, that, on the final question upon a bill or resolve, any member shall have a right to enter his protest or dissent on the journal, with reasons in support of such dissent, provided the same be offered within two days after the determination on such final question:

Passed in the negative.

The engrossed bill to establish the judicial courts of the United States was read; and, upon the question, "Shall the bill puss?" the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, Few, Gunn, Henry, Johnson, Izard, Morris, Paterson, Head, and Strong.

Nays. — Messrs. Butler, Grayson, Langdon, Lee, Maclay, and Wingate.

So the bill passed; and the Secretary was directed to carry the same to the House of Representatives for concurrence.

SATURDAY, July 18.

Agreeably to the order of the day, proceeded to a third reading of the bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs, which was amended, and passed.

Assigned Monday next for the second reading of the hill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States.

MONDAY, July 20.

The Secretary carried to the House of Representatives, for their concurrence, a bill to establish the judicial courts of the United States; and,

A bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs; concurred in by the Senate, with amendments.

Agreeably to the order of the day, proceeded to the second reading of the bill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States;

And, after debate, it was committed to Messrs. MORRIS, LANGDON, CARROLL, DALTON, and LEE, to report such additions and alterations as they may judge requisite.

A message from the House of Representatives informed the Senate that they had passed a bill for the establishment and support of lighthouses, beacons, and buoys; and that they have concurred in the amendments proposed by the Senate to a bill for establishing an Executive Department, to be denominated the Department of Foreign Affairs.

TUESDAY, July 21.

Resumed the second reading of a bill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States; and assigned to-morrow for third reading.

A message from the House of Representatives brought up a bill to provide for the government of the territory northwest of the river Ohio.

The bill to provide for the government of the territory northwest of the river Ohio was read a first time, and Wednesday was assigned for a second reading.

The bill for the establishment and support of light-houses, beacons, and buoys was read a first time, and to-morrow was assigned for a second reading.

The bill to establish an Executive Department, to be denominated the Department of War, was read a second time, and the further consideration of it was postponed until to-morrow.

The bill to establish the Treasury Department was read a second time, and ordered to lie for consideration.

The Senate entered on executive business, and

Ordered, That the Secretary of Foreign Affairs attend the Senate to-morrow, and bring with him such papers as are requisite to give full information relative to the consular convention between France and the United States.

WEDNESDAY, July 22.

The Senate were to-day mostly engaged in executive business. The Secretary of Foreign Affairs attended, agreeably to order, and made the necessary explanations; and the following resolution was entered into:

Whereas, a convention referred this day to the Senate bears reference to a convention pending between the Most Christian King and the United States, previous to the adoption of our present Constitution,

Resolved, That the Secretary of Foreign Affairs, under the former Congress be requested to peruse the said convention, and to give his opinion how far he conceives the faith of the United States to be engaged, either by former agreed stipulations, or negotiations entered into by our Minister at the court of Versailles, to ratify, in its present sense or form, the convention now referred to the Senate.

THURSDAY, July 23.

The bill for the establishment and support of light-houses, beacons, and buoys, was read a second time, and committed to Messrs. MORRIS, LANGDON, and DALTON.

On the question, whether the clauses in the bill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States, providing, "that, oaths shall be administered to the master, or other persons having the charge or command of any ship or vessel," shall be expunged, and the words, ''and the owner's and master's declaration, with penalties for false entry," be substituted? Passed in the negative.

FRIDAY, July 21.

The committee appointed on the bill for the establishment and support of light-houses, beacons, and buoys, reported amendments, which were read and ordered to be printed.

The. committees requested a recess, to give opportunity to perfect, their reports.

SATURDAY, July 25.

RUFUS KING, from New York, appeared and took his seat.

The second reading of the bill to provide for the government of the territory northwest of the river Ohio was further postponed to Monday next.

MONDAY, July 37.

PHILIP SCHUYLER, from New York, appeared, and took his seat.

A message from the House of Representatives, informed the Senate that they had passed a bill for settling the accounts between the United States and individual States, which was sent for their concurrence; and informed the Senate, that the President of the United States had affixed his signature to a bill for the establishment of an Executive Department, to be denominated the Department of Foreign Affairs, and had returned the same to the House of Representatives.

The first-mentioned bill was read a first time, and July the 29th was assigned for a second reading.

Proceeded to the third reading of a bill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States: and

Resolved, That the Senate do concur therein, with sundry amendments.

The Senate entered on executive business. The Secretary of Foreign Affairs reported his opinion upon the consular convention between France and the United States, as follows:

"The Secretary of the United States for the Department of Foreign Affairs, under the former Congress, in pursuance of the resolution of the 22d of July, 1789, reports:

"That he has compared the two conventions of 1784 and 1788.

"That the copies of them, received from Mr. Jefferson, and now before the Senate, are so printed, and their variations so clearly marked, as that he cannot contrast them in a manner better calculated for an easy and accurate comparison.

"That, in his opinion, there exist, in the convention of 1788, no variations from the original scheme sent to Doctor Franklin in 1782, nor from the convention of 1784, but such as render it less ineligible than either of the other two.

"That, although he apprehends that this convention will prove more inconvenient than beneficial to the United States, yet he thinks that the. circumstances under which it was formed render its being ratified by them indispensable.

"The circumstances alluded to are these:

"The original scheme of 1782, however exceptionable, was framed and agreed to by Congress.

"The convention of 1784 was modelled by that scheme, but in certain instances deviated from it; but both of them were to be perpetual in their duration.

"On account of those deviations, Congress refused to ratify it, but promised to ratify one corresponding with the scheme, provided its duration was limited to eight or ten years; but they afterwards extended it to twelve.

"By an instruction to Mr. Jefferson of 3d October, 1786, he was, among other things, directed to propose to the King, 'That the said convention be so amended as perfectly to correspond with the scheme, in every part, where a deviation from the same is not permitted by the said act (of 1782): and, further, that he represent to His Majesty, the desire of Congress to make the said convention probationary, by adding a clause for limiting its duration to eight or ten years: that he assure His Majesty of the determination of Congress to observe, on all occasions, the highest respect for candor and good faith, in all their proceedings; and that on receiving the convention, so amended, and with such a clause, they will immediately ratify it.'

"In the letter which accompanied these instructions is the following paragraph:

" 'The original scheme of the convention is far from being unexceptionable: but a former Congress having agreed to it, it would be improper now to recede; and, therefore, Congress are content to ratify a convention made conformable to that scheme, and to their act of the 25th January, 1782, provided a chuse limiting its duration be added.'

"On the 27th July, 1787, Congress gave to Mr. Jefferson a commission, in general terms, to negotiate and conclude, with His Most Christian Majesty a convention for regulating the privileges, &c. of their respective consuls.

"In one of the letters then written to him is this paragraph:

" 'Congress confide, fully in your talents and discretion, and they will ratify any convention that is not liable to more objections than the one already, in part, concluded: provided that an article, limiting its duration to a term not exceeding twelve years, be inserted,'

"As the convention in question is free from several objections to which the one of 1784 was liable, and is, in every respect, preferable to it, and as it contains a clause limiting its duration to twelve years, it seems to follow, as of necessary consequence, that the United States ought to ratify it.

"All which is submitted to the wisdom of the Senate. "JOHN JAY."

TUESDAY, July 28,

Mr. JOHNSON, in behalf of the committee, appointed the 13th of May, reported a bill for the punishment of certain crimes against the United States; which was read a first time, and Monday next was assigned for a second reading,

The Secretary carried to the House of Representatives the bill to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, or merchandises imported into the United States; concurred in, with amendments.

On motion, the Senators from the State of New York proceeded to draw lots for their classes, in conformity to the resolve of the 14th of May; and two lots, No. 3, and a blank, being, by the Secretary, rolled up and put into the box, Mr. SCHUYLER drew blank; and Mr. KING having drawn No. 3, his seat shall accordingly be vacated in the Senate at the expiration of the sixth year.

The Secretary proceeded to put two other lots into the box, marked Nos. 1 and 3; and Mr. SCHUYLER having drawn lot No. 1, his seat shall accordingly be vacated in the Senate at the expiration of the second year.

WEDNESDAY, July 29.

Resumed the second reading of the bill for the establishment and support of light-houses, beacons, and buoys.

Resumed the second reading of the bill to establish the Treasury Department; and postponed the further consideration thereof until to-morrow.

Proceeded to the second reading of the bill for settling the accounts between the United States and individual States; and assigned tomorrow for a third redding.

The Senate entered on executive business; and having duly considered the convention between His Most Christian Majesty and the United States of America, for the purpose of defining and establishing the functions and privileges of their respective consuls and vice-consuls, transmuted to the Senate by the President of the United States, through the Secretary for Foreign Affairs,

Resolved, unanimously, That the Senate do consent to the said convention, and advise the President of the United States to ratify the same.

THURSDAY, July 30.

Proceeded to a third reading of the "bill for settling the accounts between the United States and individual States;" and resolved, that the Senate do concur therein; and the Secretary notified the House of Representatives accorddingly.

Proceeded to the consideration of the bill for the establishment and support of lighthouses, beacons, and buoys.

Proceeded to the consideration of the bill to establish the Treasury Department; and assigned to-morrow for a third reading.

On motion, that the sense of the Senate should be taken on the following resolve, to wit:

Resolved, That a clause passed, or amendment made, in committee, shall not be revised in the same committee, hut may be so done in the Senate; and no amendment or clause agreed to in the Senate shall be reconsidered until the next reading of the bill, except at the third reading of a bill, when, by the consent of the Senate, it may be amended.

Passed in the negative.

FRIDAY, July 31.

Proceeded to a third reading of the bill to establish the Treasury Department, which was passed after being amended; and the Secretary carried the, bill to the House of Representatives, concurred in with the amendments; also, the concurrence of the Senate in the resolve of the 31st July, and the appointment of Mr. WINGATE as a standing committee, jointly with a committee of the House, to examine and present the enrolled bills that may pass the Senate and House of Representatives from time to time.

Proceeded to the second reading of the bill to provide for the government of the territory northwest of the river Ohio; and postponed the consideration thereof to Monday next.

MONDAY, August 3.

Proceeded to the second reading of the bill to provide for the government of the territory northwest of the river Ohio; and assigned tomorrow for a third reading.

The bill for the establishment and support of light-houses, beacons, and buoys, concurred in with amendments, was carried to the House of Representatives by the Secretary.

The bill to establish an Executive Department, to be denominated the Department of War, was considered, and a third reading postponed until to-morrow.

The bill for the punishment of certain crimes against the United States was read a second time; and the further consideration thereof was postponed.

The Senate entered on executive business. The President communicated to them a list of about one hundred appointments as collectors, naval officers, and surveyors. The Senate advised and consented to about one-hall the list; the rest lay till to-morrow.

TUESDAY, August 4.

Proceeded to a third reading of the bill to establish an.Executive Department, to be denominated the Department of War; which the Senate concurred in, with amendments.

Proceeded to the third reading of the bill to provide for the government of the territory northwest of the river Ohio: which passed.

A message from the House of Representatives brought up a bill for making compensation to the President and Vice President of the United States, and desired the concurrence of the Senate therein;

Informed the Senate that the House had agreed to the amendments to the bill for the establishment and support of light-houses, beacons, and buoys;

Brought up the acceptance, by the House of Representatives, of a report of a joint committee upon the mode of presenting addresses, the enrolment of bills, &c.;

Together with the appointment of Messrs. WADSWORTH, CARROLL, and HARTLEY, a committee, to join with a committee of the Senate to be appointed for the purpose, "to consider of and report when it will be convenient and proper that an adjournment of the present session of Congress should take place; and to consider and report such business, now before Congress, necessary to be finished before the adjournment, and such as may be conveniently postponed to the next session; and, also, to consider and report such matters, now before Congress, but which it will be necessary should be considered and determined by Congress before, an adjournment."

The Senate again entered on executive business, and advised and confirmed all the remainder of the list of appointments presented yesterday, one excepted,

WEDNESDAY, August 5.

Proceeded to a first reading of a bill for allowing a compensation to the President and Vice President of the United States, and assigned to-morrow for the second reading.

Appointed Messrs. STRONG, ELLSWORTH, and CARROLL, a committee, jointly with the committee of the House of Representatives, to that purpose appointed, to consider what business is necessary to be acted upon prior to an adjournment, and to report a proper time at which an adjournment shall take place, agreeably to a proposition from the House of Representatives of the 4th of August.

The resolve of the House of Representatives, on the report of a joint committee appointed the 8th of May, upon the enrolment and presentation of the acts of Congress, &c. was read, and ordered to be printed for the consideration of the Senate.

A message from the House of Representatives brought up the concurrence of the House on the amendments proposed by the Senate to the bill to establish an Executive Department, to be denominated the Department of War; and their concurrence on the proposed amendments to the bill to provide for the government of the territory northwest of the river Ohio.

Mr. BUTLER, in behalf of the committee to whom it was referred "to arrange and bring forward a system to regulate the trade and intercourse between the United States and the territory of other Powers in North America and the West Indies," reported:

That it will be expedient to pass a law for imposing an increased duty of tonnage, for a limited time, on all foreign ships and other vessels that shall load in the United States, with the produce of the same, to any port or place in America whereto the vessels of the United States are not permitted to carry their own produce; but such a law being of the nature of a revenue law, your committee conceive that the originating a bill for that purpose is, by the constitution, exclusively placed in the House of Representatives.

Your committee beg leave further to report, as their opinion, that it will be expedient to direct a bill to be brought in for imposing similar restraints upon the trade of the European settlements in America with the United States, that are imposed on the trade of the United States with those settlements.

Resolved, That the first clause of this report be accepted, and that the remainder of the report be recommitted; and that it be an instruction to the committee, in case it shall be their opinion that a legislative provision ought to be made on the subject of the commitment, to report a bill for that purpose; and that Messrs. ELLSWORTH, KING, and READ be added to the committee.

THURSDAY, August 6.

The Senate proceeded to a second reading of the bill for allowing a compensation to the President and Vice President of the United states, and committed it to Messrs. MORRIS, READ, ELMER, SCHUYLER, LANGDON, CARROLL, ELLSWORTH, STRONG, FEW, IZARD, and LEE.

The following joint rules, established between the two Houses, were received from the House of Representatives:

"That while bills are on their passage, between the two Houses, they shall be on paper, and under the signature of the Secretary or Clerk of each House, respectively.

"After a bill shall have passed both Houses, it shall be duly enrolled on parchment, by the Clerk of the House of Representatives, or the secretary of the Senate, as the bill may have originated in the one or the other House, before it shall be presented to the President of the United States.

"When bills are enrolled, they shall be examined by a joint committee of one from the Senate, and two from the House of Representatives, appointed as a standing committee for that purpose, who shall carefully compare the enrolment with the engrossed bills, as passed in the two Houses, and, correcting any errors that may be discovered in the enrolled bills, make their report forthwith to the respective Houses.

"After examination and report, each bill shall be signed in the respective Houses, first by the Speaker of the House of Representatives, and then by the President of the Senate.

"After a bill shall have thus been signed in each House, it shall be presented, by the said committee, to the President of the United States for his approbation; it being first endorsed on the back of the roll, certifying in which House the same originated; which endorsement shall be signed by the Secretary or Clerk, as the case may be, of the House in which the same did originate, and shall be entered on the journal of each House. The said committee shall report the day of presentation to the President, which time shall also be carefully entered on the journal of each House.

"All orders, resolutions, and votes, which are to be presented to the President of the United States for his approbation, shall also, in the same manner, be previously enrolled, examined, and signed, and shall be presented in the same manner, and by the same committee, as is provided in case of bills.

"That, when the Senate and House of Representatives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience chamber by the President of the Senate, in the presence of the Speaker, and both Houses."

Read, and Resolved, That the Senate do concur in the report.

A message from the House of Representatives brought up a bill for registering and clearing vessels, regulating the coasting trade, and for other purposes; which was read, and postponed.

FRIDAY, August 7.

The Senate, in the absence of the Vice President, proceeded to elect a President pro tempore; and the voles being collected and counted, the Honorable JOHN LANGDON was unanimously appointed.

A message from the President of the United States, by General Knox: Gentlemen of the Senate;

The business which has hitherto been under the consideration of Congress has been of so much importance, that I was unwilling to draw their attention from it to any other subject. But the disputes which exist between some of the United States and several powerful tribes of Indians, within the limits of the Union, and the hostilities which have, in several instances, been committed on the frontiers, seem to require the immediate interposition of the General Government.

I have, therefore, directed the several statements and papers which have been submitted to me on this subject, by General Knox, to be laid before you for your information.

While the measures of Government ought to be calculated to protect its citizens from all injury and violence, a due regard should be extended to those

Indian tribes whose happiness, in the course of events, so materially depends on the national justice and humanity of the United States.

If it should be the judgment of Congress that it would be most expedient to terminate all differences in the southern district, and to lay the foundation for future confidence, by an amicable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to consist of three persons, whose authority should expire with the occasion. How far such a measure, unassisted by posts, would be competent to the establishment and preservation of peace and tranquillity on the frontiers, is also a matter which merits your serious consideration.

Along with this object, I am induced to suggest another, with the national importance and necessity of which I am deeply impressed — I mean some uniform and effective system for the militia of the United States. It is unnecessary to offer arguments in recommendation of a measure, on which the honor, safety, and well-being of our country so evidently and so essentially depend; but it may not be amiss to observe, that I am particularly anxious it should receive as early attention as circumstances will admit, because it is now in our power to avail ourselves of the military knowledge disseminated throughout the several States, by means of the many well-instructed officers and soldiers of the late army; a resource which is daily diminishing by death and other causes. To suffer this peculiar advantage to pass away unimproved, would be to neglect an opportunity which will never again occur, unless, unfortunately, we should again be involved in a long and arduous war.

GEO. WASHINGTON.

NEW YORK, August 7, 1789.

The above message was ordered to lie for consideration.

Mr. MORRIS, in behalf of the committee on the bill for allowing a compensation to the President and Vice President of the United States, reported an amendment, to wit:

To expunge, in the provision for the Vice President, " five thousand dollars," and insert "six thousand dollars."

On motion to reduce the provision for the President of the United States, from "twenty-five thousand" to "twenty thousand dollars:"

Passed in the negative.

On motion to make the provision for the Vice President eight thousand dollars, instead of five thousand dollars:

Passed in the negative.

And, on motion, the further consideration of this clause of the bill was postponed.

The concurrence of the Senate upon the resolve of the House on the mode of enrolment, and the presentation of bills, &c. was carried to the House of Representatives.

The Senate entered on executive business.

The following messages from the President were laid before them: Gentlemen of the Senate:

My nomination of Benjamin Fishbourn for the place of naval officer of the port of Savannah not having met with your concurrence, I now nominate Lachlan McIntosh for that office.

Whatever may have been the reasons which induced your dissent, I am persuaded they were such as you deemed sufficient. Permit me to submit to your consideration whether, on occasions where the propriety of nominations appear questionable to you, it would not be expedient to communicate that circumstance to me, and thereby avail yourselves of the information which led me to make them, and which I would with pleasure lay before you. Probably my reasons for nominating Mr. Fishbourn may tend to show that such a mode of proceeding, in such cases, might be useful. I will, therefore, detail them.

First. While Colonel Fishbourn was an officer, in actual service, and chiefly under my own eye, his conduct appeared to me irreproachable; nor did I ever hear any thing injurious to his reputation as an officer or a gentleman. At the storming of Stony Point, his behavior was represented to have been active and brave, and he was charged by his General to bring the account of that success to the head quarters of the army.

Secondly. Since his residence in Georgia, he has been repeatedly elected to the Assembly as a representative of the county of Chatham, in which the port of Savannah is situated, and sometimes of the counties of Glynn and Camden; he has been chosen a member of the executive council of the State, and has lately been president of the same; he has been elected by the officers of the militia, in the county of Chatham, lieutenant colonel of the militia in that district; and, on a very recent occasion, to wit, in the month of May last, he has been appointed by the council (on the suspension of the late collector) to an office in the port of Savannah, nearly similar to that for which I nominated him; which office he actually holds at this time. To these reasons for nominating Mr. Fishbourn, I might add that I received private letters of recommendation, and oral testimonials in his favor, from some of the most respectable characters in that State; but as they were secondary considerations with me, I do not think it necessary to communicate them to you.

It appeared, therefore, to me, that Mr. Fishbourn must have enjoyed the confidence of the militia officers, in order to have been elected to a military rank; the confidence of the freemen, to have been elected to the Assembly; the confidence of the Assembly, to have been selected for the council; and the confidence of the council, to have been appointed collector of the port of Savannah.

GEO. WASHINGTON. NEW YORK,
August 6, 1789.

Gentlemen of the Senate:

By the act for settling the accounts between the United States and individual States, a person is to be appointed to fill the vacant seat at the Board of Commissioners for settling the accounts between the United States and individual States: I therefore nominate John Kean, of the State of South Carolina, to fill the vacant seat at the said Board of Commissioners.

GEO. WASHINGTON. NEW YORK,
August 6, 1769.

Proceeded to consider the nominations of collectors, naval officers, and surveyors, contained in the messages from the President of the United States of the 3d and 6th August; and the Senate did advise and consent to the appointment of the following persons, to wit:

For the State of South Carolina. — Beaufort, Andrew Agnew, collector.

For the State of Georgia. — Savannah, Lachlan McIntosh, naval officer.

Proceeded to consider the nomination of John Kean to fill the vacant seat at the Board of Commissioners for settling the accounts between the United States and individual States; and the Senate did advise and consent to his appointment. And the Secretary, according to order, laid a certified copy of the proceedings before the President of the United States.

MONDAY, August 10.

Mr. STRONG, on behalf of the joint committee appointed the 5th of August to consider what business is necessary to be acted upon prior to an adjournment, and to report a proper time at which an adjournment shall take place, reported; and the report was ordered to lie for consideration.

A message from the House of Representatives brought up a bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; and requested the concurrence of the Senate therein.

A message from the President of the United States, by General Knox:

Gentlemen of the Senate:

I have directed a statement of the troops in the service of the United States to be laid before you for your information.

These troops were raised by virtue of the resolves of Congress of the 20th October, 1786, and the 3d of October, 1787, in order to protect the frontiers from the depredations of the hostile Indians; to prevent all intrusions on the public lands; and to facilitate the surveying and selling of the same, for the purpose of reducing the public debt.

As these important objects continue to require the aid of the troops, it is necessary that the establishment thereof should, in all respects, be conformed by law to the constitution of the United States.

GEO. WASHINGTON.
NEW YORK, August 10, 1789.

The Senate proceeded to the second reading of a bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes.

Ordered, That it be committed to Messrs. MORRIS, DALTON, LANGDON, BUTLER, and KING.

The Senate entered on executive business.

On motion to commit the message from the President of the United States relative to the nomination of Mr. Fishbourn: It was postponed until a committee, appointed on the 6th of August to wait on the President of the United States, should report.

TUESDAY, August 11.

Proceeded to the first reading of the bill for allowing compensation to the members of the Seriate and House of Representatives of the United States, and to the officers of both Houses; and assigned to-morrow for the second reading.

WEDNESDAY, August 12.

The Senate proceeded to the consideration of the bill for the punishment of certain crimes against the United States; and postponed the further consideration thereof until to-morrow.

Proceeded to a second reading of the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; the further consideration of which was postponed.

The Senate then entered on executive business. The committee, to whom was referred the message of the President of the 25th of May, with the Indian treaties and papers accompanying it, reported.

The consideration of the report was postponed until the 26th instant.

THURSDAY, August 13.

Proceeded to the consideration of the bill for the punishment of certain crimes against the United States.

Ordered, That Monday next be assigned for a third reading.

A message from the House of Representatives brought up a bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same; together with the papers referred to in the President's message of the 7th of August.

The bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same, was read a first time.

Ordered, That to-morrow be assigned for a second reading.

FRIDAY, August 14.

Proceeded to the consideration of the bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same.

Ordered, That the bill be committed to Messrs. FEW, ELLSWORTH, KING, LEE, and BUTLER.

MONDAY, August 17.

Mr. MORRIS, on behalf of the committee to whom it was referred, reported sundry amendments to the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes.

Ordered, That the further consideration thereof be postponed.

The committee appointed to take into consideration the bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same, reported, that it be

"Resolved, That there be allowed and paid to a Superintendent of Indian Affairs in the southern department, who may be nominated by the President, and appointed by and with the advice and consent of the Senate, the sum of ——— per day, including his expenses for the time he may be employed in attending a treaty, proposed to be held by the commissioners of the United States and the Creek Indians, at the Rock-Landing, in the State of Georgia, on the 15th day of September next.

"That, in case the proposed treaty should fail in the desired object, of establishing peace between the citizens of the United States and the Creek Indians, Congress will make such grants of money, and pursue such other measures, as will be necessary for the protection and safety of the inhabitants of the southern frontiers, and best secure the peace of the United States." And,

On motion to accept the report, it passed in the negative.

On motion that it be

Resolved, That the President of the United States be requested to nominate a fit person for Superintendent of Indian Affairs in the southern department, in order that he may be sent forward, as soon as may be, to act with the Commissioners of Indian Affairs in the southern department, appointed pursuant to a resolution of Congress passed on the —— day of ———, and aid them in carrying into effect a treaty that is proposed to be held with the Creek nation on the 15th day of September next, in the State of Georgia, at the Rock-Landing;

That the sum of ——— dollars be delivered to the said superintendent, to be appropriated for the immediate purpose of the said treaty; for which sum he shall be accountable;

That the President of the United States be requested to instruct the said superintendent and commissioners to hear, and fully investigate, all the complaints and grievances of the said Creek Indians, and to use all the means in their power to quiet their minds, and to do them ample justice, agreeably to the aforesaid resolution of Congress and instructions heretofore given for that purpose: That, if the said Indians should prove refractory, or refuse to treat and establish peace on just and reasonable terms, then, and in that case, the said superintendent and commissioners be directed to make immediate report thereof to the President of the United States, and Congress will make such grants of money, and pursue such other measures, as will be necessary for the safety and protection of the inhabitants of the southern frontiers, and best secure the peace of the United States."

It passed in the negative.

On motion that it be

Resolved, That the President of the United States be authorized and empowered, and he is hereby authorized and empowered, should the Creek Indians decline to make peace with the State of Georgia, to take effectual measures for covering the State of Georgia from the incursions of the Indians, either by ordering some of the troops now at Fort Harmar to march to the frontiers of Georgia, or by embodying such a number of the militia as he shall think sufficient to ensure to the citizens of Georgia protection, and the cultivation of their lands in peace and security; and that he be empowered to draw on the Treasury for defraying the expenses of the same.

And on motion for the previous question, to wit:

"Shall the main question be now put?" It passed in the negative.

TUESDAY, August 18.

The Senate proceeded in the second reading of the bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same.

Ordered, That the rules of the House be so far dispensed with, as that the said bill shall have a third reading at this time. It was read accordingly.

The Senate entered on executive business.

The following communication was read from the President: Gentlemen of the Senate;

In conformity to the law re-establishing the Western Territory, I nominate Arthur St. Clair, Governor; Winthrop Sargent, Secretary; Samuel Holden Parsons, John Cleves Symmes, and William Barton, judges of the court. I also nominate Ebenezer Tucker, surveyor of Little Egg Harbor, in the State of New Jersey.

GEO. WASHINGTON.

NEW YORK, August 16, 1789.

The consideration thereof was postponed until to-morrow.

WEDNESDAY, August 19. A message from the House of Representatives informed the Senate that the House had concurred in their amendments proposed to the bill providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same.

THURSDAY, August 20.

The Senate proceeded to the consideration of the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes; and, after progress,

Ordered, That the further consideration thereof be postponed.

The Senate entered on executive business. The following communication was read from the President: Gentlemen of the Senate:

In consequence of an act providing for the expenses which may attend negotiations or treaties with the Indian tribes, and the appointment of commissioners for managing the same, I nominate Benjamin Lincoln as one of three commissioners whom I shall propose to be employed to negotiate a treaty with the Southern Indians. My reason for nominating him at this early moment is, that it will not be possible for the public to avail itself of his services on this occasion, unless his appointment can be forwarded to him by the mail which will leave this place to-morrow morning.

GEO. WASHINGTON.
NEW YORK, August 20, 1789.

Proceeded to consider the nominations of Governor, &c. of the Western Territory, as contained in the message from the President of the United States of the 18th August and the Senate did advise and consent to the appointment of

Arthur St. Clair, to be Governor of the Western Territory;

Of Winthrop Sargent, to be Secretary; and

Of Samuel Holden Parsons, John Cleves Symmes, and William Barton, to be Judges.

Proceeded to consider the nomination of Ebenezer Tucker, to be Surveyor of Little Egg Harbor, in the State of New Jersey and of

William Gibb, to be Collector of Folly Landing, in the State of Virginia. And the Senate did advise and consent to their being appointed to office, agreeably to the nominations respectively.

Also, proceeded to consider the nomination of Benjamin Lincoln, as one of the three commissioners to be employed to negotiate a treaty with the Southern Indians.

And the Senate did advise and consent to his appointment accordingly.

Mr. IZARD, in behalf of the committee appointed the 6th of August. "to wait on the President of the United States, and confer with him on the mode of communication," &c. reported:

The consideration of which was postponed until to-morrow.

FRIDAY, August 21.

The Senate proceeded to the consideration; of the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes.

Ordered, That the bill be read the third time to-morrow.

The Senate entered on executive business. They proceeded to consider the report made by Mr. IZARD, yesterday, as follows:

The committee appointed to wait on the President of the United States, and confer with him on the mode of communication proper to be pursued between him and the Senate, in the formation of treaties, and making appointments to offices, reported:

Which report was agreed to. Whereupon,

Resolved, That when nominations shall be made in writing by the President of the United States to the Senate, a future day shall be assigned, unless the Senate unanimously direct otherwise, for taking them into consideration; that when the President of the United States shall meet the Senate in the Senate

Chamber, the President of the Senate shall have a chair on the floor, be considered as at the head of the Senate, and his chair shall be assigned to the President of the United States; that when the Senate shall be convened by the President of the United States to any other place, the President of the Senate and Senators shall attend at the place appointed. The Secretary of the Senate shall also attend to take the minutes of the Senate.

That all questions shall be put by the President of the Senate, either in the presence or absence of the President of the United States; and the Senators shall signify their assent or dissent by answering, viva voce, aye or no.

Another message was received from the President, viz: Gentlemen of the Senate:

In addition to the nomination which I made yesterday, of Benjamin Lincoln, as one of three commissioners to be employed to negotiate a treaty with the Southern Indians, I now nominate Cyrus Griffin and David Humphreys, as the two other commissioners to be employed to negotiate the beforementioned treaty.

GEO. WASHINGTON.
NEW YORK, August 21, 1789,

Proceeded to the consideration of the last recited nominations, and the Senate did advise and consent to the appointments accordingly.

Also, the following message:

Gentlemen of the Senate:

The President of the United States will meet the Senate, in the Senate Chamber, at half-past eleven o'clock to-morrow, to advise with them on the terms of the treaty to be negotiated with the Southern Indians.

GEO. WASHINGTON.
NEW YORK, August 21, 1789.

SATURDAY, August 22.

The memorial of John Cox, and others, citizens of the State of New Jersey and of the State of Pennsylvania, praying that the future seat of Government might be established on the banks of the Delaware, and proposing a cession of a tract of land of ten miles square, was then read, and, together with a draft of the said tract, was laid on the table for consideration.

Proceeded to the third reading of the bill for registering; and clearing of vessels, regulating the coasting trade, and for other purposes; and, after progress.

The Senate again entered on executive business.

The President of the United States came into the Senate Chamber, attended by General Knox, and laid before the Senate the following statement of facts, with the questions thereto annexed, for their advice and consent:

"To conciliate the powerful tribes of Indians in the southern district, amounting probably to fourteen thousand fighting men, and to attach them firmly to the United States, may be regarded as highly worthy of the serious attention of Government.

''The measure includes not only peace and security to the whole southern frontier, but is calculated to form a barrier against the colonies of a European Power, which, in the mutations of policy, may one day become the enemy of the United States. The fate of the Southern States, therefore, or the neighboring colonies, may principally depend on the present measures of the Union towards the Southern Indians.

"By the papers which have been laid before the Senate, it will appear that, in the latter end of the year 1785, and the beginning of 1786, treaties were formed by the United States with the Cherokees, the Chickasaws, and Choctaws. The report of the commissioners will show the reasons why a treaty was not formed at the same time with the Creeks.

"It will also appear by the papers, that the States of North Carolina and Georgia protested against said treaties as infringing their legislative rights, and being contrary to the confederation. It will further appear, by the said papers, that the treaty with the Cherokees has been entirely violated by the disorderly white people on the frontiers of Norlh Carolina.

"The opinion of the late Congress respecting the said violation will sufficiently appear by the proclamation which they caused to be issued on the 1st of September, 1788.

"'By the public newspapers, it appears, that on the 16th of June last, a truce was concluded with the Cherokees, by Mr. John Steele, on behalf of the State of North Carolina; in which it was stipulated that a treaty should be held, as soon as possible, and that in the mean time, all hostilities should cease on either side.

"As the Cherokees reside principally within the territory claimed by North Carolina, and as that State is not a member of the present Union, it may be doubted whether any efficient measures in favor of the Cherokees could be immediately adopted by the General Government.

"The commissioners for negotiating with the Southern Indians may be instructed to transmit a message to the Cherokees, stating to them, as far as may be proper, the difficulties arising from the local claims of North Carolina, and to assure, them that the United States are not unmindful of the treaty at Hopewell; and as soon as the difficulties which are at present opposed to the measures shall be removed, the Government will do full justice to the Cherokees.

"The distance of the Choctaws and Chickasaws from the frontier settlements seems to have prevented those tribes from being involved in similar difficulties with the Cherokees.

"The commissioners maybe instructed to transmit messages to the said tribes, containing assurances of the continuance of the friendship of the United States, and that measures will soon be taken for extending a trade to them agreeably to the treaties of Hopewell. The commissioners may also be directed to report a plan for the execution of the said treaties respecting trade.

"But the case of the Creek nation is of the highest importance, and requires an immediate decision. The cause of the hostilities between Georgia and the Creeks is stated to be a difference in judgment concerning three treaties made between the said parties, to wit: at Augusta, in 1783, at Galphinton, in 1785, and at Shoulderbone, in 1786. The State of Georgia asserts, and the Creeks deny, the validity of the said treaties.

"Hence arises the indispensable necessity of having all the circumstances respecting the said treaties critically investigated by commissioners of the United States, so that the further measures of Government may be formed on a full knowledge of the case.

"In order that the investigation may be conducted with the highest impartiality, it will be proper, in addition to the evidence of the documents in the public possession, that Georgia should be represented at this part of the proposed treaty with the Creek nation.

"It is, however, to be observed, in any issue of the inquiry, that it would be highly embarrassing to Georgia to relinquish that part of the lands stated to have been ceded by the Creeks, lying between the Ogeeche and Oconee rivers; that State having surveyed and divided the same among certain descriptions of its citizens, who settled and planted thereon until dispossessed by the Indians.

"In case, therefore, the issue of the investigation should be unfavorable to the claims of Georgia, the commissioners should be instructed to use their best endeavors to negotiate with the Creeks for a solemn conveyance of the said lands to Georgia.

"By the report of the commissioners who were appointed under certain acts of the late Congress, by South Carolina and Georgia, it appears that they have agreed to meet the Creeks on the 15th of September ensuing. As it is with great difficulty the Indians are collected together at certain seasons of the year, it is important that the above occasion should be embraced, if possible, on the part of the present Government, to form a treaty with the Creeks. As the proposed treaty is of great importance to the future tranquillity of the State of Georgia, as well as of the United States, it has been thought proper that it should be conducted on the part of the General Government by commissioners whose local situations may free them from the imputation of prejudice on this subject.

"As it is necessary that certain principles should be fixed, previously to forming instructions for the commissioners, the following questions, arising out of the foregoing communications, are stated by the President of the United States, and the advice of Senate requested thereon:

"1st. In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested?

"2d. Shall the commissioners be instructed to pursue any other measures respecting the Chickasaws and Choctaws than those herein suggested?

"3d. If the commissioners shall adjudge that the Creek nation was fully represented at the three treaties with Georgia, and that the cessions of land were obtained with the full understanding and free consent of the acknowledged proprietors, and that the said treaties ought to be considered as just and equitable: in this case, shall the commissioners be instructed to insist on a formal renewal and confirmation thereof? and, in case of a refusal, shall they be instruct-to inform the Creeks that the arms of the Union shall be employed to compel them to acknowledge the justice of the said cessions?

"4th. But if the commissioners shall adjudge that the said treaties were formed with an inadequate or unauthorized representation of the Creek nation, or that the treaties were held under circumstances of constraint, or unfairness of any sort, so that the United States could not, with justice and dignity, request or urge a confirmation thereof: in this case, shall the commissioners, considering the importance of the Oconee lands to Georgia, be instructed to use their highest exertions to obtain a cession of said lands? If so, shall the commissioners be instructed, if they cannot obtain the said cessions on better terms, to offer for the same, and for the further great object of attaching the Creeks to the Government of the United States, the following conditions: 1st. A compensation in money or goods, to the amount of ——— dollars; the said amount to be stipulated to be paid by Georgia, at the period which shall be fixed, or, in failure thereof, by the United States. 3d. A secure port on the Altamaha, or on St. Mary's river, or at any other place between the same, as may be mutually agreed to by the commissioners and the Creeks. 3d. Certain pecuniary considerations to some, and honorable military distinctions to other influential chiefs, on their taking oaths of allegiance to the United States. 4th. A solemn guarantee by the United States to the Creeks of their remaining territory, and to maintain the same, if necessary, by a line of military posts.

"5th. But if all offers should fail to induce the Creeks to make the desired cessions to Georgia, shall the commissioners make it an ultimatum?

"6th. If the said cessions shall not be made an ultimatum, shall the commissioners proceed and make a treaty, and include the disputed lands within the limits which shall be assigned to the Creeks? If not, shall a temporary boundary be marked, making the Oconee the line, and the other parts of the treaty be concluded? In this case, shall a secure port be stipulated, and the pecuniary and honorary considerations granted? In other general objects, shall the treaties formed at Hopewell with the Cherokees, Chickasaws, and Choctaws be the basis of a treaty with the Creeks?

"7th. Shall the sum of twenty thousand dollars, appropriated to Indian expenses and treaties, be wholly applied, if necessary, to a treaty with the Creeks? If not, what proportion?"

Whereupon the Senate proceeded to give their advice and consent.

The first question, viz: "In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested?" was, at the request of the President of the United States, postponed.

"The second question, viz: "Shall the commissioners be instructed to pursue any other measure respecting the Chickasavvs and Choctaws than those herein suggested?" being put, was answered in the negative.

The consideration of the remaining questions was postponed till Monday next.

MONDAY, August 24.

The Senate was to-day wholly engaged in executive business.

The President of the United States being present in the Senate Chamber, attended by General Knox,

"The Senate resumed the consideration of the state of facts, and questions thereto annexed, laid before them by the President of the United States, on Saturday last. And the first question, vix: "In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested?"' being put, was answered in the negative.

The third question, viz: "If the commissioners shall adjudge that the Creek nation was fully represented at the three treaties with Georgia, and that the cessions of land were obtained with the full understanding and free consent of the acknowledged proprietors, and that the said treaties ought to be considered as just and equitable: in this case, shall the commissioners be instructed to insist on a formal renewal and confirmation thereof? and, in case of a refusal, shall they be instructed to inform the Creeks that the arms of the Union shall be employed to compel them to acknowledge the justice of the said cessions?" was wholly answered in the affirmative.

The fourth question, and its lour subdivisions, viz: "But if the commissioners shall adjudge that the said treaties were formed with an inadequate or unauthorized representation of the Creek nation, or that the treaties were held under circumstances of constraint or unfairness of any sort, so that the United States could not, with justice and dignity, request or urge a confirmation thereof: in this case, shall the commissioners, considering the importance of the Oconee lands to Georgia, be instructed to use their highest exertions to obtain a cession of said lands? If so, shall the commissioners be instructed, if they cannot obtain the said cessions on better terms, to offer for the same, and for the further great object of attaching the Creeks to the Government of the United States, the following conditions:

"1st. A compensation, in money or goods, to the amount of —— dollars; the said amount to be stipulated to be paid by Georgia at the period which shall be fixed, or, in failure thereof, by the United States.

"2d. A secure port on the Altamaha or on St. Mary's river, or at any other place between the same, as may be mutually agreed to by the commissioners and the Creeks.

"3d. Certain pecuniary considerations to some, and honorary military distinctions to other influential chiefs, on their taking oaths of allegiance to the United States.

"4th. A solemn guarantee by the United States to the Creeks of their remaining territory, and to maintain the same, if necessary, by a line of military posts," was wholly answered in the aflirmative. The blank to be filled at the discretion of the President of the United States.

The fifth question, viz: "But if all offers should fail to induce the Creeks to make the desired cessions to Georgia, shall the commissioners make it an ultimatum?" was answered in the negative.

The sixth question being divided, the first part, containing as follows, viz: "If the said cessions shall not be made an ultimatum, shall the commissioners proceed and make a treaty, and include the disputed lands within the limits which shall be assigned to the Creeks?" was answered in the negative.

The remainder, viz: "If not, shall a temporary boundary be marked, making the Oconee the line, and the other parts of the treaty be concluded?"

"In this case shall a secure port be stipulated, and the pecuniary and honorary considerations granted?"

"In other general objects, shall the treaties formed at Hopewell, with the Cherokees, Chickasaws, and Choctaws, be the basis of a treaty with the Creeks?" were all answered in the affirmative.

On the seventh question, viz: "Shall the sum of twenty thousand dollars, appropriated to Indian expenses and treaties, be wholly applied, if necessary, to a treaty with the Creeks? if not, what proportion?" It was agreed to advise and consent to appropriate the whole sum, if necessary, at the discretion of the President of the United States.

The President of the United States withdrew from the Senate Chamber, and the Vice President put the question of adjournment; to which the Senate agreed.

TUESDAY, August 25.

Mr. MACLAY presented a draft of ten miles square, including the borough of Lancaster, with a letter, containing a description of the same, from Edward Hand, directed to the Honorable ROBERT MORRIS and the Honorable WILLIAM MACLAY. Mr. MACLAY likewise nominated Wright's Ferry, on the Susquehannah; York-Town, west of the Susquehannah; Carlisle, west of the Susquehannah; Harris burgh, on the Susquehannah; Reading, on the Schuylkill; and German town, in the neighborhood of Philadelphia, as different places in Pennsylvania, which had been proposed for the permanent seat of Government of the United States.

The letter being read, was, together with the draft, ordered to lie for consideration.

Proceeded to the third reading of the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes; and

Resolved, That the Senate do concur therein with sixty-nine amendments.

Also, the bill to establish the Treasury Department, with an adherence of the House of Representatives to a part of the eighth amendment, to wit: "Whenever the Secretary of the Treasury shall be removed from office by the President of the United States, or in any other case of vacancy in the office of Secretary, the assistant shall, during the vacancy, have the charge and custody of the records, books, and papers appertaining to the said office."

Also, the resolve of the House of Representatives of the 34th of August, "that the Vice President and Speaker of the House of Representatives do adjourn their respective Houses on the twenty-second day of September next, to meet again on the first Monday in December next."

Also, the resolve of the House of Representatives, "that certain articles be proposed to the Legislatures of the several States, as amendments to the constitution of the United States;" and requested the concurrence of the Senate therein.

The Senate proceeded to consider the resolve of the House of Representatives of the 24th of August, "to adhere to the part of their eighth amendment," before recited and,

On motion that the Senate do recede therefrom, the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Bassett, Carroll, Ellsworth, Elmer, Henry, King, Morris, Paterson, Read, and Schuyler. — 10.

Nays. — Messrs. Butler, Dalton, Few, Gunn, Johnson, Izard, Langdon, Lee, Maclay, and Wingate. — 10.

The Senate being equally divided, the Vice President determined the question in the affirmative. So it was

Resolved, That the Senate do recede from so much of the eighth amendment as was disagreed to by the House of Representatives.

The Senate proceeded to consider the resolve of the House of Representatives of the 24th of August, proposing, "that the Vice President and Speaker be empowered to adjourn the Senate and House of Representatives, respectively, on the 22d of September," &c.; and it was agreed to.

A message was received from the House of Representatives, with seventeen articles to be proposed as additions to, and amendments of, the constitution of the United States; such of these articles as have been agreed to, and ratified, will be found in the appendix to this volume.

Resumed the consideration of the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses.

Ordered, That it be committed to Messrs. KING, MORRIS, CA.RROLL, IZARD, and LEE.

WEDNESDAY, August 26.

The Senate proceeded to the consideration of the bill for the punishment of certain crimes against the United States; and, after progress, adjourned.

The Senate entered on executive business.

Proceeded to consider the report of a committee, appointed June the 10th, on Indian treaties made at Fort Harmar, the 9th day of January, 1789, viz:

The committee, to whom was referred, the message of the President of the United States of the 25th of May, 1789, with the Indian treaties and papers accompanying the same, report:

That the Governor of the Western Territory, on the 9th day of January, 1789, at Fort Harmar, entered into two treaties; one with the sachems and warriors of the Six Nations, the Mohawks excepted; the other with the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sacs nations; that those treaties were made in pursuance of the powers and instructions heretofore given to the said Governor by the late Congress, and are a confirmation of the treaties of Fort Stanwix, in October, 1784, and of Fort McIntosh, in January, 1785, and contain a more formal and regular conveyance to the United States of the Indian claims to the lands yielded to these States by the said treaties of 1784 and 1785.

Your committee, therefore, submit the following resolution, viz:

That the treaties concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Esq. Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Six Nations, (the Mohawks excepted,) and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sacs nations, be accepted; and that the President of the United States be advised to execute and enjoin an observance of the same.

Ordered, That the consideration thereof be postponed.

THURSDAY, August 27.

The Senate proceeded to the consideration of the bill for the punishment of certain crimes against the United States.

Ordered, That the bill be engrossed.

Mr. KING, on behalf of the committee to whom was referred the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses, reported amendments.

Ordered, That to-morrow be assigned for taking the same into consideration.

FRIDAY, Ausust 28.

A message from the House of Representatives, by their Clerk, informed the Senate that the President of the United States had signed an enrolled resolve, for carrying into effect a survey directed by an act of the late Congress, of the 6th of June, 1768; he brought up an enrolled bill to establish the Treasury Department, signed by the Speaker of the House of Representatives; and an engrossed bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes, and requested the concurrence of the

Senate therein. He also informed the Senate, that the House of Representatives had concurred in the amendments proposed to the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes, with amendments to the third and fifty-seventh amendments proposed by the Senate.

The Senate resumed the consideration of the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; which was passed, with amendments. The Senate proceeded to consider the message from the House of Representatives of the 28th of August, proposing amendments to the third and fifty-seventh amendments of the Senate to a bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes.

MONDAY, August 31.

The Senate proceeded to the third reading of the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; which was passed, with amendments.

A message from the House of Representatives brought to the Senate a bill for establishing the salaries of the executive officers of Government, with their assistants and clerks; to which the concurrence of the Senate was requested. The bill passed its first reading.

Ordered, That this bill be read a second time to-morrow.

TUESDAY, September 1. The Senate proceeded to the second reading of the bill for establishing the salaries of the executive officers of Government, with their assistants and clerks.

Ordered, That this bill have the third reading to-morrow.

Ordered, That the Secretary carry the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses, to the House of Representatives, and request their concurrence in the amendments.

The bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes, was read the second time.

Ordered, That this bill have the third reading to-morrow.

WEDNESDAY, September 2.

The bill to provide for the safe-keeping of the acts, records, and seal of the. United States, and for other purposes, was read the third time, and

Ordered, That it be committed to Mr, KING, Mr. PATERSON, and Mr. READ.

The third reading of the bill for establishing the salaries of the executive officers of Government, with their assistants and clerks, was further postponed.

The resolve of the House of Representatives of the 24th of August, 1789, "that certain articles be proposed to the Legislatures of the several States, as amendments to the constitution of the United States," was taken into consideration; and, on motion to amend this clause of the first article proposed by the House of Representatives, to wit: "Afconstitutiont enumeration required by the first article of the constitution, there shall be one representative for every thirty thousand, until the number shall amount to one hundred,"by striking out "one," and inserting "two," between the words "amount to" and "hundred.;"

The yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Dalton. Gunn, Grayson, King, Lee, and Schuyler. — 6.

Nays. — Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Henry, Johnson, Izard, Morris, Paterson, Read, and Wingate. — 12.

So it passed in the negative.

On motion to adopt the first article proposed by the resolve of the House of Representatives, amended as follows: to strike out these words, "after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor less than one representative for every fifty thousand persons;" and to substitute the following clause after the words "one hundred:" to wit, "to which number one representative shall be added for every subsequent increase of forty thousand, until the representatives shall amount to two hundred, to which one representative shall be added for every subsequent increase of sixty thousand persons:" it passed in the affirmative.

THURSDAY, September 3.

A message from the House of Representatives brought up the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses, and informed the Senate that the House of Representatives had disagreed to the first, second, and third amendments, and had agreed to all the others.

Also, the bill to suspend part of the act to regulate the collection of the duties imposed by Paw on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States.

FRIDAY, September 4. The Senate proceeded in the consideration of the resolve of the House of Representatives of the 24th of August, on "Articles to be proposed to the Legislatures of the several States, as amendments to the constitution of the United States."

MONDAY, September 7.

Agreeably to the order of the day, the Senate proceeded in the third reading of the bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes; and, on the report of the committee,

Resolved, To concur therein, with amendments.

The Senate proceeded in the third reading of the bill for establishing the salaries of the executive officers of Government, with their assistants and clerks; and

Resolved, To concur therein, with amendments.

The bill to suspend part of an act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States, was read the first time.

Ordered, That this bill be read the second time to-morrow.

The Senate proceeded to the consideration of the resolve of the House of Representatives of the 3d of September, on their disagreement to the first, second, and third amendments of the Senate to the bill for allowing compensation to, the members of the Senate and House of Representatives of the United States, and to the officers of both Houses.

On motion that the Senate do adhere to their first amendment to the said bill;

And the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Bassett, Butler, Dalton, Ellsworth, Gunn, Henry, Johnson, Izard, King, Lee, Morris, and Read. — 12.

Nays. — Messrs. Carroll, Elmer, Paterson, Schuyler, and Wingate. — 5.

So it was Resolved, That the Senate do adhere to the first amendment to the said bill.

Resolved, That the Senate do recede from their second and third amendments to the said bill.

Proceeded in the third reading of the bill for allowing a compensation to the President and Vice President of the United States;" and,

On the report of the committee,

Resolved, That the Senate do concur in the said bill, with the following amendments, to wit:

In the compensation to the Vice President, strike out "five thousand," and insert "six thousand."'

Ordered, That the Secretary do carry the bill to the Home of Representatives, and request their concurrence in the amendment.

The Senate resumed the consideration, of the resolve of the House of Representatives of the 24th of August, on "Articles to be proposed to the Legislatures of the several States, as amendments to the constitution of the United States."

On motion to adopt the twelfth article of the amendments proposed by the House of Representatives, amended by the addition of these words to the article, to wit: "where the consideration exceeds twenty dollars;" it passed in the affirmative.

On motion to adopt the thirteenth article of the amendments proposed by the House of Representatives, it passed in the affirmative.

On motion to adopt the fourteenth article of the amendments proposed by the House of Representatives: it passed in the negative.

In the consideration of the fifteenth article proposed by the House of Representatives, on motion to add the following to the proposed amendments, to wit: "That the General Government of the United States ought never to impose direct taxes but where the moneys arising from the duties, impost, and excise are insufficient for the public exigencies, nor then, until Congress shall have made a requisition upon the States to assess, levy, and pay their respective portions of such requisitions; and in case any State shall neglect or refuse to pay its proportion, pursuant to such requisition, then. Congress may assess and levy such State's proportion, together with interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed by such requisition;" it passed in the negative.

On motion to add the following to the proposed amendments, viz: "That the third section of the sixth article of the Constitution of the United States ought to be amended, by inserting the word "other" between the words "no" and "religious:" it passed in the negative.

TUESDAY, September 8.

The Senate proceeded in the consideration of the resolve of the House of Representatives of the 24th of August, "On articles to be proposed to the Legislatures of the several States as amendments to the constitution of the United States." Several amendments were proposed, but none of them were agreed to. The subject was postponed till to-morrow.

A message from the House of Representatives brought up the bill for allowing a compensation to the President and Vice President of the United States; and informed the Senate that the House of Representatives had disagreed to the amendment, thereon;

Also, the bill for establishing the salaries of the executive officers of Government, with their assistants and clerks, with part of the amendments agreed to, and another part disagreed to.

Also, the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; and informed the Senate that the House of Representatives requested a conference on the subject-matter of the disagreement of the two Houses on the said bill, and had appointed Messrs. SHERMAN, TUCKER, and BENSON, managers on the part of the House of Representatives; and, also, that the House of Representatives had concurred in their amendments to the bill to provide for the safekeeping of the acts, records, and seal of the United States.

The Senate proceeded to consider the disagreement, of the House to a part of their amendments to the bill for allowing a compensation to the President and Vice President, insisted on their amendment, and requested a conference; and the Senate receded from their amendments to the bill for establishing the salaries of the executive officers, &c. The Senate also agreed to a conference proposed by the House on the matter of disagreement between the two Houses to the bill for allowing compensation to the members of the Senate and House of Representatives, &c. and appointed, as a committee on their part, Messrs. KING, IZARD, and MORRIS.

The Senate entered on executive business.

They proceeded to the consideration of the message from the President of the United States, of the 25th of May, 1789, accompanying the treaties formed at Fort Harmar, by Arthur St. Clair, Esq., on the part of the United States, viz: a treaty with the sachems and warriors of the Six Nations, (the Mohawks excepted,) and a treaty with she sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sac nations. Whereupon,

Resolved, That the President of the United States be advised to execute and enjoin an observance of the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sac nations.

WEDNESDAY, September 9. The Senate proceeded in the consideration of the resolve of the House of Representatives on the articles to be proposed to the Legislatures of the several States as amendments to the constitution, and agreed to a part of them, and disagreed to others; of which they informed the House.

THURSDAY, September 10, 1789.

A message from the House of Representatives brought up a resolve of the House of Representatives, "that, until further provision be made by law, the General Post Office of the United States shall be conducted according to the rules and regulations prescribed by the ordinances and resolutions of the late Congress, and that contracts be made for the conveyance of the mail in conformity thereto."

This resolve was committed to Messrs. BUTLER, MORRIS, and ELLSWORTH, with an instruction to report a bill upon the subject.

FRIDAY, September 11.

A message from the House of Representatives brought up the bill for suspending the operation of part of an act imposing duties on tonnage, to which he requested the concurrence of the Senate; which was read the first and second times.

Mr. BUTLER, in behalf of the committee appointed on the 10th of September on the resolve of the House of Representatives, providing for the regulation of the Post Office, reported not to concur in the resolve, and a bill upon the subject-matter thereof;

And, on the question of concurrence in the resolve of the House of Representatives, it passed in the negative.

The Senate entered on executive business.

The following message from the President was read: Gentlemen of the Senate:

I nominate, for the Department of the Treasury of the United States, Alexander Hamilton, of New-York, Secretary; Nicholas Eveleigh, of South Carolina, Comptroller; Samuel Meredith, of Pennsylvania, Treasurer; Oliver Wolcott, Jun., of Connecticut, Auditor; Joseph Nourse, (in office,) Register. For the Department of War, Henry Knox. For Judge in the Western Territory, in place of William Barton, who declines the appointment, George Turner. For Surveyor in the district of Kappahannock, State of Virginia, in place of Staige Davis, who declines the appointment, I nominate Peter Kemp. For Surveyor of Town Creek, in the district of Patuxent, State of Maryland, in place of Robert Young, who declines the appointment, I nominate Charles Chilton. And, in case the nomination of Samuel Meredith should meet the advice and consent of the Senate, I nominate, as Surveyor of the port of Philadelphia, William McPherson. GEO. WASHINGTON.

NEW YORK, September 11, 1789.

Ordered, That the rules be so far dispensed with as that the Senate do consider the President's message at this time; and,

On the question to advise and consent to the appointment of Alexander Hamilton, of New-York, to be Secretary for the Department of the Treasury of the United States, it passed in the affirmative.

On the question to advise and consent to the appointment of Nicholas Eveleigh, of South Carolina, to be Comptroller, and of Samuel Meredith to be Treasurer, it passed in the affirmative.

Ordered, That the further consideration of the message from the President of the United States be postponed until to-morrow.

SATURDAY, September 12. Mr. MORRIS, on behalf of the committee appointed on the 11th September, to consider the bill to suspend part of an act to regulate the collection of duties on the tonnage of ships and vessels, &c., reported it with an amendment; which, was concurred with.

The Senate again entered upon executive business, and proceeded in the consideration of the message From the President of the United States of the 11th of September; and,

On the question to advise and consent to the appointment of Oliver Wolcott, Jun., of Connecticut, to be Auditor for the Department of the Treasury of the United States, it passed in the affirmative.

On the question to advise and consent to the appointment of Joseph Nourse, (in office,) Register, it passed in the affirmative.

On the question to advise and consent to the appointment of Henry Knox, Secretary for the Department of War, it passed in the affirmative.

On the question to advise and consent to the appointment of George Turner for Judge in the western Territory, it passed in the affirmative.

On the question to advise and consent to the appointment of Peter Kemp for Surveyor in the district of Rappahannock, it passed in the affirmative.

On the question to advise and consent to the appointment of Charles Chilton, for Surveyor of Town Creek, in the district of Patuxent, State of Maryland, it passed in the affirmative.

Ordered, That the further consideration of the message from the President of the United States of the 11th of September be postponed for a few days.

MONDAY, September 14.

Agreeably to the order of the day, the Senate proceeded in the second reading of the bill for the temporary establishment of the Post Office; and,

Ordered, That this bill have the third reading to-morrow.

A message from the House of Representatives informed the Senate that the House of

Representatives had concurred in the amendments proposed by the Senate to a bill to suspend part of an act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States.

TUESDAY, September 15.

The Senate proceeded to the third reading of the bill for the temporary establishment of the Post Office.

Resolved, That the engrossed bill for the temporary establishment of the Post Office do pass.

WEDNESDAY, September 16. The following message from the President of the United States was received, by the Secretary of War:

Gentlemen of the Senate:

The Governor of the Western Territory has made a statement to me of the reciprocal hostilities of the Wabash Indians, and the people inhabiting the frontiers bordering on the river Ohio, which I herewith lay before Congress,

The United States, in Congress assembled, by their acts of the 21st day of July, 1787, and of the 12th August, 1788, made a provisional arrangement for calling forth the militia of Virginia and Pennsylvania in the proportions therein specified.

As the circumstances which occasioned the said arrangement continue nearly the same, I think proper to suggest to your consideration the expediency of making some temporary provision for calling forth the militia of the United States for the purposes stated in the constitution, which would embrace the cases apprehended by the Governor of the Western Territory,

GEO. WASHINGTON.
September 16, 1789.

THURSDAY, September 17.

Mr. LEE, in behalf of the committee appointed to prepare a bill for organizing the Judiciary of the United States, reported a bill to regulate processes:n the courts of the United States

Ordered, That this bill have the first reading at this time.

Ordered, That this bill be read the second time to-morrow.

A message from the House of Representatives informed the Senate that the House of Representatives adhered to their disagreement to the amendment proposed by the Senate to a bill for allowing a compensation to the President and Vice President of the United States; and that the House of Representatives had concurred in the bill for the temporary establishment of the Post Office. It also informed the Senate that the House of Representatives had concurred in the bill to establish the judicial courts of the United States, with amendments; to which amendments the concurrence of the Senate was requested.

Ordered, That the last mentioned bill, together with the amendments, be committed to Messrs. ELLSWORTH, BUTLER, and PATERSON.

The Senate entered on executive business. The following message was received from the President of the United States:

Gentlemen of the Senate: It doubtless is important that all treaties and compacts formed by the United States with other nations, whether civilized or not, should be made with caution, and executed with fidelity.

It is said to be the general understanding and practice of nations, as a check on the mistakes and indiscretions of ministers or commissioners, not to consider any treaty negotiated and signed by such officers as final and conclusive, until ratified by the sovereign or government from whom they derive their powers. This practice has been adopted by the United States respecting their treaties with European nations, and I am inclined to think it would be advisable to observe it in the conduct of our treaties with the Indians; for, though such treaties being, on their part, made by their chiefs or rulers, need not be ratified by them, yet, being formed on our part by the agency of subordinate officers, it seems to be both prudent and reasonable that their acts should not be binding on the nation until approved and ratified by the Government. It strikes me that this point should be well considered and settled, so that our national proceedings, in this respect, may become uniform, and be directed by fixed and stable principles.

The treaties with certain Indian nations, which were laid before you with my message of the 25th May last, suggested two questions to my mind, viz: 1st, Whether those treaties were to be considered as perfected, and, consequently, as obligatory, without being ratified? If not, then 2dly, Whether both, or either, and which of them, ought to be ratified? On these questions I request your opinion and advice.

You have, indeed, advised me "to execute and enjoin an observance of" the treaty with the Wyandots, &c. You, gentlemen, doubtless intended to be clear and explicit; and yet, without further explanation, I fear I may misunderstand your meaning: for if by my executing that treaty you mean that I should make it (in a more particular and immediate manner than it now is) the act of Government, then it follows that I am to ratify it. If you mean by my executing it that I am to see that it be carried into effect and operation, then I am led to conclude, either that you consider it as being perfect and obligatory in its present state, and therefore to be executed and observed; or, that you consider it to derive its completion and obligation from the silent approbation and ratification which my proclamation may be construed to imply. Although I am inclined to think that the latter is your intention, yet it certainly is best that all doubts respecting it be removed.

Permit me to observe, that it will be proper for me to be informed of your sentiments relative to the treaty with the Six Nations, previous to the departure of the Governor of the Western Territory; and therefore I recommend it to your early consideration.

GEO. WASHINGTON.
September 17, 1789.

Ordered, That the President's message be committed to Messrs. CARROLL, KING, and READ.

FRIDAY, September 18.

A message from the House of Representatives was received, which informed the Senate that the House of Representatives had agreed to postpone the consideration of the bill For the punishment of certain crimes against the United States, which had passed the Senate, and was sent to the House of Representatives For concurrence, until the next session of Congress. It also brought up a resolve of the House of Representatives making it "the duty of the Secretary of State to procure, from time to time, such of the statutes of the several States as may not be in his office;" to which, the concurrence of the Senate was requested.

The Senate proceeded to the second reading of the bill to regulate processes in the courts of the United States.

Ordered, That the further consideration thereof be postponed until to-morrow.

The resolve of the House of Representatives of the 18th September, empowering the Secretary of State to procure, from time to time, such of the statutes of the several States as may not be in his office, was read; whereupon,

Resolved, That the Senate do concur in the above resolution sent up for concurrence by the House of Representatives.

The Senate entered on executive business.

Mr. CARROLL, on behalf of the committee appointed yesterday, reported as follows:

The committee, to whom was referred a message from the President of the United States of the 17th September, 1789, report:

That the signature of treaties with the Indian nations has ever been considered as a full completion thereof, and that such treaties have never been solemnly ratified by either of the contracting parties, as hath been commonly practised among the civilized nations of Europe: wherefore, the committee are of opinion that the formal ratification of the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattiwaltima, and Sac nations, is not expedient or necessary; and that the resolve of the Senate of the 8th September, 1789, respecting the said treaty, authorizes the President of the United States to enjoin a due observance thereof.

That, as to the treaty made at Fort Harmar, on the 9th of January, 1789, between the said Arthur St. Clair and the sachems and warriors of the Six Nations, (except the Mohawks,) from particular circumstances affecting a part of the ceded lands, the

Senate did not judge it expedient to pass any act concerning the same.

Ordered, That the consideration of the report be postponed until Monday next.

The Senate proceeded to consider the message from the President of the United States of September nth, nominating William McPherson as surveyor of the port of Philadelphia; and,

Upon the question to advise and consent to his appointment, it passed in the affirmative.

SATURDAY, September 19.

Agreeably to the order of the day, the Senate proceeded in the second reading of the bill to regulate processes in the courts of the United States.

Ordered, That the rules be so far dispenser with, as that the last recited bill have the third reading at this time. Ordered, That the bill he engrossed.

A message from the House of Representatives brought up a bill for amending part of an act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States; to which the concurrence of the Senate was requested.

Ordered, That the last recited bill now have the first reading.

Ordered, That the rules be so far dispensed with, as that this bill have a second reading at this time.

Ordered, That this bill have the third reading on Monday next.

A message from the House of Representatives brought up the bill for allowing certain compensation to the Judges of the Supreme and other courts, and to the Attorney General of the United States; to which concurrence was requested.

Ordered, That the last recited bill have the first reading at this time.

Ordered, That the rules be so far dispensed with, as that this bill be now read the second time.

MONDAY, September 21.

Mr. MORRIS, in behalf of the Senators from the State of Pennsylvania, introduced a resolve of the General Assembly of that State, of March the 5th, 1789, making "a respectful offer to Congress of the use of any or all the public buildings in Philadelphia, the property of the State, &c. in case Congress should, at any time, incline to make choice of that city for the temporary residence of the Federal Government; which was read."

Ordered, That it lie for consideration.

A message from the House of Representatives brought up a resolve of the House of this date, to agree to the 2d, 4th, 8th, 13th, 13th, 16th, 18th, 19th, 25th, and 26th amendments, proposed by the Senate, to "Articles of amendment to be proposed to the Legislatures of the several States, as amendments to the constitution of the United States;" and to disagree to the 1st, 3d, 5th, 6th, 7th, 9th, 10th, 11th, 14th, 15th, 17th, 20th, 21st, 22d, 23d, and 24th amendments: two-thirds of the members present concurring on each vote; and "that a conference be desired with the Senate on the subject matter of the amendments disagreed to," and that Messrs. MADISON, SHERMAN, and VINING, be appointed managers of the same on the part of the House of Representatives.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it be recommended to the Legislatures of the several States to pass laws, making it expressly the duty of the keepers of their gaols to receive, and safe keep therein, all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the like penalties as in the case of prisoners committed under the authority of such States respectively; the United States to pay for the Use and keeping of such gaols, at the rate of fifty cents per month for each prisoner that shall, under their authority, be committed thereto, during the time such prisoners shall be therein confined; and, also, to support such of said prisoners as shall he committed for offences.

Ordered, That the Secretary do carry this resolve to the House of Representatives, and request concurrence therein.

A message from the House of Representatives brought up the resolve of the Senate of this day, making provision "for the safe keeping of the prisoners committed under the authority of the United States," concurred in by the House of Representatives; also the bill for allowing certain compensation to the Judges of the Supreme and other Courts, and to the Attorney General of the United States; and informed the Senate that the House of Representatives had agreed to all the amendments proposed to the said bill, except the fourth, to which they had disagreed.

The Senate proceeded to consider the disagreement of the House of Representatives to their fourth amendment to the bill last recited: and,

Resolved, That the Senate do recede therefrom.

TUESDAY, September 22. A message from the House of Representatives brought up an order of the House of Representatives, for postponing the adjournment of Congress until the 26th of September, for concurrence.

The Senate proceeded to consider the order of the House of Representatives of this day, "rescinding the order to the Vice President and Speaker, of the 25th of August, to adjourn the respective Houses of Congress on the 22d, and empowering them to adjourn the same on the 36th instant; and,

Resolved, That the Senate do concur in the said order.

Ordered, That the bill to establish the seat of Government of the United States have the first reading at this time.

Ordered, That it be read a second time tomorrow.

The Senate entered on executive business.

They proceeded to consider the report of the committee, appointed the 17th, on the President's message of that date; and,

On motion to postpone the report, to substitute the following, to wit:

Resolved, That the Senate do advise and consent that the President of the United States ratify the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Fattawattima, and Sac nations:

It passed in the affirmative.

And, it being suggested that the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Six Nations, (except the Mohawks,) may be construed to prejudice the claims of the States of Massachusetts and New York, and of the grantees under the said States., respectively;

Ordered, That the consideration thereof be postponed until next session of Senate.

WEDNESDAY, September 23.

A message from the House of Representatives brought up the bill to recognise, and adapt to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned; to which concurrence was requested.

Ordered, That the bill brought up from the House of Representatives this morning be now read the first time.

Agreeably to the order of the day, the Senate proceeded to the second reading of the bill to establish the seat of Government of the United States; and, after progress, adjourned.

THURSDAY, September 24.

A message from the House of Representatives brought up the bill to alter the time for the next meeting of Congress; the. bill to explain and amend an act for registering and clearing vessels, regulating the coasting trade, and for other purposes; and, a resolve on the petition of Baron de Glaubeck; to which he requested the concurrence of the Senate.

Ordered, That the bill to explain and amend an act for registering and clearing vessels, regulating the coasting trade, and for other purposes, be now read the first time.

The Senate proceeded in a second reading of the bill to establish the seat of Government of the United States.

On motion to strike out these words, "in the State of Pennsylvania," after the word Susquehannah, line 4th, and the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Basset, Butler, Carroll, Grayson, Gunn, Henry, Izard, and Lee. — 8.

Nays. — Messrs. Dalton, Ellsworth, Johnson, King, Maclay, Morris, Paterson, Read, Schuyler, and Wingate. — 10.

So it passed in the negative.

On motion that these words, "at some convenient place on the banks of the river Susquehannah, in the State of Pennsylvania," lines 3d and 4th, be stricken out, it passed in the negative.

On motion for reconsideration, on a suggestion that the question was not understood, it passed in the affirmative.

And, on the main question, the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Bassett, Butler, Dalton, Ellsworth, Grayson, Gunn, Lee, Morris, Paterson, Read, and Wingate. — 11.

Nays. — Messrs. Carroll, Henry, Johnson, Izard, King, Maclay, and Schuyler. — 7.

So it passed in the affirmative.

On motion to insert, in the room of the word stricken out, "at some convenient place on the northern bank of the river Potomac," it passed in the negative.

On motion to restore these words, "at some convenient place on the banks of the river Susquehannah,"

A motion was made to postpone this, to insert the following motion, to wit: to fill the blank with these words "in the counties of Philadelphia, Chester, and Bucks, and State of Pennsylvania, including within it the town of Germantown, and such part of the Northern Liberties of the city of Philadelphia as are not excepted by the act of cession passed by the Legislature of the said State."

And the question of postponement passed in the affirmative.

And, on the main question, the yeas and nays being required by one-fifth of the Senators present, the determination was as follows:

Yeas. — Messrs. Bassett, Dalton, Ellsworth, King, Morris, Paterson, Read, Schuyler, and Wingate. — 9.

Nays. — Messrs. Butler, Carroll, Grayson, Gunn, Henry, Johnson, Izard, Lee, and Maclay. — 9.

The numbers being equal, the Vice President determined the question in the affirmative.

The Senate entered on executive business.

The following message from the President of the United States was read:

Gentlemen of the Senate;

I nominate for the Supreme Court of the United States —

For Chief Justice. — John Jay, of New York.

For Associate Judges. — John Rutledge, of South Carolina; James Wilson, of Pennsylvania; William Cushing, of Massachusetts; Robert H. Harrison, of Maryland; John Blair, of Virginia.

I also nominate, for District Judges, Attorneys and Marshals, the persons whose names are below and annexed to the districts, respectively, viz:

Districts. Judges.

Maine, - - - David Sewell.

New Hampshire, - John Sullivan.

Massachusetts, - - John Lowell.

Connecticut, - - Richard Law.

Pennsylvania, - - Francis Hopkinson.

Delaware, - - - Gunning Bedford.

Maryland, - - - Thomas Johnson.

Virginia, - - - Edm. Pendleton.

South Carolina, - - Thomas Pinckney.

Georgia, - - - Nathaniel Pendleton.

Kentucky, - - - Harry Innes.

Districts. Attorneys.

Maine, - - - William Lithgow.

New Hampshire, - Sam. Sherburne, Jun.

Massachusetts, - - Christopher Gore.

Connecticut, - - Pierpont Edwards.

Pennsylvania, - - William Lewis.

Delaware, - - - George Read, Jun.

Maryland, - - - Richard Potts.

Virginia, - - - John Marshall.

South Carolina, - - John Julius Pringle.

Georgia, - - - Mat. McAllister.

Kentucky, - - - George Nicholas.

Districts. Marshals.

Maine, - - - Henry Dearborn.

New Hampshire, - John Parker.

Massachusetts, - - Jonathan Jackson.

Connecticut, - - Philip Bradley.

Pennsylvania, - - Clement Biddle,

Delaware, - - - Allan McLean.

Maryland, - - - Nathaniel Ramsay.

Virginia, - - - Edward Carrington.

South Carolina, - - Isaac Huger,

Georgia, - - . Robert Forsyth.

Kentucky, - - . Sam. McDowell, Jun.

GEO. WASHINGTON.

FRIDAY, September 25.

The Senate, agreeably to the order of the day, proceeded in the second reading of the bill to establish the seat of Government of the United States.

On motion to strike out these words, "And that, until the necessary buildings shall be erected therein, the seat of Government shall continue at the city of New York;"

And the yeas and nays being required by one-filth of the Senators present, the determination was as follows:

Yeas. — Messrs. Butler, Carroll, Grayson, Gunn, Henry, Lee, and Maclay. — 7.

Nays. — Messrs. Bassett, Dalton, Ellsworth, Johnson, Izard, King, Morris, Paterson, Read, Schuyler, and Wingate. — 11,

So it passed in the negative.

On motion to amend the second section, to read as follows: "And be it further enacted, That the President of the United States be authorized to appoint three commissioners, who are, under his direction, to locate a district, not exceeding ten miles square, in the said counties, and including therein the said Northern Liberties and town of Germantown, and to purchase such quantity of land within the same as may be necessary, and to accept grants of lands for the use of the United States, and to erect thereon, within four years, suitable buildings for the accommodation of the Congress and of the officers of the United States:"

It passed in the affirmative,

On motion to strike out the two last sections, and to substitute the following: "Provided, That no powers herein vested in the President of the United States, shall be carried into effect until the State of Pennsylvania, or individual citizens of the same, shall sive satisfactory security to the Secretary of the Treasury to furnish and pay, as the same may be necessary, one hundred thousand dollars, to be employed in erecting the said buildings:"

It passed in the affirmative.

Ordered, That this bill be read the third time to-morrow.

A message from the House of Representatives informed the Senate that the House of Representatives had passed a resolve, requesting "the President of the United States to transmit to the Executives of the several States, which have ratified the constitution, copies of the amendments proposed by Congress to be added, thereto; and like copies to the Executives of the States of Rhode Island and North Carolina;" and that the House requested the concurrence of the Senate therein. It also informed the Senate, that the House of Representatives had passed a bill making appropriations for the service of the present year; to which concurrence was also requested.

Ordered, That the last mentioned bill be now read the first time.

Ordered, That this bill be read the second time to-morrow.

The Senate proceeded to consider the message from the House of Representatives of the 24th, with amendments to the amendments of the Senate to "Articles to be proposed to the Legislatures of the several States, as amendments to the constitution of the United States;" and,

Resolved, That the Senate do concur in the amendments proposed by the House of Representatives to the amendments of the Senate.

A message from the House of Representatives informed the Senate that the House of Representatives had passed a resolve, appointing a joint committee " to wait on the President of the United States, to request that he would recommend to the people of the United States a day of public thanksgiving and prayer to be observed; and, "An act, providing for the payment of the invalid pensioners of the United States;" to all which the concurrence of the Senate was requested.

The Senate proceeded to consider the amendments of the House, of Representatives to the bill to regulate processes in the courts of the United States, and

Resolved, That the Senate do concur in all the amendments except the first, in which they do not concur.

The Senate proceeded in the second reading of the bill to alter the time lor the next meeting of Congress. It was read the third time.

SATURDAY, September 26.

The following message was received from the President of the United States, by Mr. JAY:

Gentlemen of the Senate:

Having yesterday received a letter written in this month, by the Governor of Rhode Island, at the request, and in behalf, of the General Assembly of that State, addressed to the President, the Senate, and the House of Representatives of the eleven United States of America in Congress assembled, I take the earliest opportunity of laying a copy of it before you.

GEO. WASHINGTON.
September 26, 1789.

Ordered, That the message, together with the letter therein referred to, lie for consideration.

Resolved, That the order of the 22d instant, directing the President of the Senate and Speaker of the House of Representatives, to adjourn their respective Houses on this day, be rescinded; and, instead thereof, that they be directed to close the present session by adjourning their respective Houses on the 29th instant.

A message from the House of Representatives informed the Senate that the House of Representatives had concurred in the above resolve.

The Senate proceeded to the second reading of the bill making appropriations for the service of the present year.

Ordered, That it be committed to Messrs. READ, BUTLER, KING, ELLSWORTH, and MORRIS.

A message from the House of Representatives informed the Senate that the House of Representatives do insist on their amendment to the bill to regulate processes in the courts of the United States.

The Senate proceeded to the third reading of the bill to establish the seat of Government of the United States.

On motion to postpone the further consideration thereof, it passed in the negative.

On the question, "Shall this bill pass?"

The yeas and nays being required by one-fifth of the Senators present, the determination was as follows.

Yeas. — Messrs. Bassett, Dalton, Ellsworth, Johnson, King, Morris, Paterson, Head, Schuyler, and Wingate. — 10.

Nays. — Messrs. Butler, Carroll, Grayson, Gunn, Henry, Izard, and Lee. — 7.

So it passed in the affirmative. 8

Ordered, That the Secretary do carry this bill to the House of Representatives, and request their concurrence in the amendments.

The Senate proceeded to consider the amendment insisted on by the House of Representatives to the bill to regulate processes in the courts of the United States.

Ordered, That a conference be proposed on the subject-matter of disagreement; that Mr. ELLSWORTH, Mr. KING, and Mr. READ, be managers thereof on the part of the Senate, and that the Secretary do carry a message to the House of Representatives accordingly, and request the appointment of managers of the conference on their part.

A message from the House of Representatives informed the Senate that the House had agreed to the proposed conference, and had appointed Messrs, WHITE, BURKE, and JACKSON, managers on their part.

The Senate proceeded to the first reading of the bill providing for the payment of the invalid pensioners of the United States.

Ordered, That this bill be committed to Messrs. READ, BUTLER, KING, ELLSWORTH, and MORRIS.

The Senate proceeded to the second reading of the bill to recognise and adapt to the constitution of the United States the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned.

The Senate proceeded to the third reading of the bill for amending part of an act to regulate the collection of the duties imposed by law on the tonnage of ships and vessels, and on goods, wares, and merchandises imported into the United States.

Ordered, That this bill be committed to Messrs. READ, MORRIS, and DALTON.

The Senate proceeded to the second reading of the bill to explain and amend an act for registering and clearing vessels, regulating the coasting trade, and for other purposes.

Ordered, That this bill be committed to Messrs. READ, MORRIS, and DALTON.

The Senate proceeded to consider the following resolve of the House of Representatives of the 25th instant, to wit:

"Resolved, That a joint committee of both Houses be appointed to wait on the President of the United States, to request that he would recommend to the people of the United States a day of public thanksgiving and prayer, to be observed, by acknowledging, with grateful hearts, the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a constitution of government lor their safety and happiness.

"Ordered, That Messrs. BOUDINOT, SHERMAN, and SYLVESTER be appointed of the said committee on the part of this House."

Resolved, That the Senate do concur in the above recited resolution, and that Messrs. JOHNSON and IZARD be the committee on the part of the Senate,

Resolved, That Messrs. JOHNSON and IZARD be a committee on the part of the Senate, together with such committee as may be appointed on the part of the House of Representatives, to wait on the President of the United States, and acquaint him that Congress have agreed upon a recess on the 29th instant.

The Senate entered on executive business.

All the appointments proposed by the President in his message of the 24th instant were confirmed;

And the following message was received from the President: Gentlemen of the Senate;

I nominate, for the district of New York, James Duane, Judge; William S. Smith, Marshal; Richard Harrison, Attorney.

For the district of New Jersey, David Brearly, Judge; Thomas Lowry, Marshal; Richard Stockton, Attorney.

And I likewise nominate Thomas Jefferson, for Secretary of State; Edmund Randolph, for Attorney General; Samuel Osgood, for Postmaster General.

GEO. WASHINGTON.
September 25, 1789.

And the appointments were immediately confirmed.

MONDAY, September 28.

A message from the House of Representatives informed the Senate that the House had concurred in the appointment of a committee on their part "to wait on the President of the United States, and to acquaint him of the intended recess of Congress on the 29th instant;" and that Messrs. VINING, LEE, and GILMAN were joined.

Mr. READ, on behalf of the committee appointed on the bill to explain and amend an act for registering and clearing of vessels, regulating the coasting trade, and for other purposes, reported the same with an amendment.

Ordered, That the report of the committee be postponed to take up the bill.

The Senate proceeded in the third reading of the last recited bill, and

Resolved, That this bill do pass with the amendment.

Mr. READ, on behalf of the committee appointed on the bill for amending part of an act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States, reported non-concurrence; whereupon,

Resolved, That this bill do not pass.

Mr. READ, on behalf of the committee on the bill to recognise and adapt to the constitution of the United States the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned, reported amendments.

Ordered, That the report be postponed to take up the bill.

Proceeded in the third reading of the bill.

Resolved, That this bill do pass with the amendments reported by the committee

Mr. READ, in behalf of the committee appointed on the bill providing for the payment of the invalid pensioners of the United States, reported concurrence.

Ordered, That this bill be now read the second time.

Ordered, That the rules be so far dispensed with as that this bill have a third reading at this time.

Resolved, That this bill do pass.

The managers appointed on the part of the Senate to confer on the subject of the disagreement of the two Houses on the first amendment proposed by the House of Representatives to the bill to regulate processes in the courts of the United States, reported that they could not agree on a report;

And, on motion to adopt the following resolution, to wit: That the Senate do agree to the first amendment proposed by the House of Representatives, with an amendment, by striking out, alter the word "issuing," in the third and fourth lines of the first section, the following words: "out of any of the courts of the United States of America, shall be in the name of the President of the United States of America, and if they issue;' and, by inserting after the word "executions," in the second line of the second section, the words "except their style," it passed in the negative.

On motion that the Senate do recede from the first amendment, it passed in the negative.

On motion that the Senate do adhere to the first amendment, a motion was made to postpone this in order to reconsider the first proposition; and it passed in the affirmative.

And on motion to adopt the proposed amendment to the first amendment made by the House of Representatives on the bill, it passed in the affirmative.

A message from the House of Representatives brought up the bill for establishing a permanent seat of Government; and informed the Senate, that the House had concurred in the amendments thereto, with the following amendment: "And provided that nothing herein contained shall be construed to affect the operation of the laws of Pennsylvania, within the district ceded and accepted, until Congress shall otherwise provide by law."

Mr. READ, on behalf of the committee appointed to consider the bill making appropriations for the service of the present year, reported amendments.

Ordered, That the report of the committee be postponed, and that this bill have its third reading at this time.

Resolved, That this bill do pass, with the amendments reported by the committee.

A message from the House of Representatives informed the Senate that the House of Representatives had agreed to the amendment to the amendment to a bill to regulate processes in the courts of the United States; also to the amendments to the bill to explain and amend an act for registering and clearing vessels, regulating the coasting trade, and for other purposes; also, in the amendments proposed to the bill making appropriations for the service of the present year.

The Senate proceeded to the consideration of the amendment proposed by the House of Representatives to the amendment of the Senate to the bill to establish the seat of Government of the United States.

On motion that the further consideration of this bill be postponed to the next session of Congress, it passed in the affirmative.

TUESDAY, September 29.

The following communications from the President were received by Mr. Jay: Gentlemen of the Senate;

His Most Christian Majesty, by a letter dated the 7th of June last, addressed to the President and members of the General Congress of the United States of North America, announces the much lamented death of his son, the Dauphin. The generous conduct of the French monarch and nation towards this country renders every event that may affect his or their prosperity interesting to us; and I shall take care to assure him of the sensibility with which the United States participate in the affliction which a loss so much to be regretted must have occasioned, both to him and to them.

GEO. WASHINGTON.
September 29.

Gentlemen of the Senate:

Having been yesterday informed by a joint committee of both Houses of Congress that they had agreed to a recess, to commence this day, and to continue until the first Monday of January next, I take the earliest opportunity of acquainting you, that, considering how long and laborious this session has been, and the reasons which, I presume, have produced this resolution, it does not appear to me expedient to recommend any measures to their consideration at present, or now to call your attention, gentlemen, to any of those matters in my department which require your advice and consent, and yet remain to be despatched.

GEO, WASHINGTON.
September 29, 1789.

A message from the House of Representatives informed the Senate that the House had concurred in all the amendments to the bill to recognise and adapt to the constitution of the United States the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned, except the seventh, to which they had disagreed.

The Senate proceeded to consider their seventh amendment disagreed to by the House of Representatives on the bill to recognise and adapt to the constitution of the United States the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned; and,

Resolved, To insist on the said seventh amendment.

Ordered, That the Secretary do acquaint the House of Representatives herewith.

The Senate proceeded to the third reading of the bill to allow the Baron de Glaubeck the pay of a captain in the army of the United States.

Resolved, That this bill do pass.

A message from the House of Representatives informed the Senate that the House of Representatives had passed the following resolve, to which the concurrence of the Senate was requested:

Ordered, That it shall be the duty of the Secretary of the Senate and Clerk of the House, at the end of each session, to send a printed copy of the journals thereof, respectively, to the supreme Executives and to each branch of the Legislature of every State; it also informed the Senate that the House of Representatives had receded from their disagreement to the seventh amendment of the Senate to a bill to recognise and adapt to the constitution of the United States the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned; and that the House had passed the bill to allow the Baron de Glaubeck the pay of a captain in the army of the United States.

The Senate proceeded to consider the last recited order of the House of Representatives.

Resolved, That the Senate do concur therein.

A message from the House of Representatives informed the Senate that the House of Representatives had finished the business of the session, and were ready to adjourn, agreeably to the order of the two Houses of Congress.

The Senate entered on executive business.

They confirmed the appointment of William Carmichael, as Chargι des Affaires from the United States of America to the court of Spain; and, also, a number of officers of the army; which nominations differ from the existing arrangement only in the following cases, to wit:

Lieutenant Erkuries Beatty promoted to a vacant captaincy in the infantry; Ensign Edward Spear promoted to a vacant lieutenantcy of artillery; Jacob Melcher, who has been serving as a volunteer, to be an ensign, vice Benjamin Lawrence, who was appointed nearly three years past, and has never been mustered or joined the troops; which were all confirmed.

The business of the session being brought to a close, the Vice President, agreeably to the resolve of the two Houses on the 26th instant, adjourned the Senate to the first Monday in January next, then to meet at the City Hall in New York.