MONDAY, December 6, 1790.
On which day, being the day appointed by adjournment of the two Houses
for the meeting of the present session, the following members appeared
and took their seats, to wit:
_From New Hampshire_--ABIEL FOSTER, NICHOLAS GILMAN, and SAMUEL
LIVERMORE.
_From Massachusetts_--FISHER AMES, BENJAMIN GOODHUE, and GEORGE
THATCHER.
_From Connecticut_--BENJAMIN HUNTINGTON, ROGER SHERMAN, and JONATHAN
STURGES.
_From New York_--EGBERT BENSON, WILLIAM FLOYD, JOHN LAWRENCE, and PETER
SYLVESTER.
_From New Jersey_--ELIAS BOUDINOT, LAMBERT CADWALADER, and JAMES
SCHUREMAN.
_From Pennsylvania_--GEORGE CLYMER, THO'S FITZSIMONS, FREDERICK AUGUSTUS
MUHLENBERG, PETER MUHLENBERG, and HENRY WYNKOOP.
_From Maryland_--JOSHUA SENEY.
_From Virginia_--JOHN BROWN, SAMUEL GRIFFIN, and JAMES MADISON, Junior.
_From North Carolina_--TIMOTHY BLOODWORTH and HUGH WILLIAMSON.
_From South Carolina_--WILLIAM SMITH.
_From Georgia_--ABRAHAM BALDWIN.
Which not forming a quorum of the whole number, the House adjourned
until to-morrow.
TUESDAY, December 7.
DANIEL HEISTER and THOMAS SCOTT, from Pennsylvania; RICHARD BLAND LEE,
from Virginia; and DANIEL HUGER, from South Carolina, appeared and took
their seats.
WILLIAM B. GILES, from Virginia, returned in the place of Theodorick
Bland, deceased, also appeared, produced his credentials, and took his
seat.
WEDNESDAY, December 8.
ELBRIDGE GERRY and JONATHAN GROUT, from Massachusetts; ANDREW MOORE and
ALEXANDER WHITE, from Virginia; and THOMAS TUDOR TUCKER, from South
Carolina, appeared and took their seats.
A message from the Senate informed the House that they are ready to meet
the members of this House in the Senate Chamber, to receive the usual
communication from the President of the United States.
Mr. SPEAKER, attended by the members of this House, then withdrew to the
Senate Chamber, for the purpose expressed in the above message.
And being returned, the SPEAKER laid before the House a copy of the
Speech, delivered by the PRESIDENT (which will be found in the
proceedings of the Senate),
Which being read, it was, on motion, committed to the consideration of a
Committee of the whole House to-morrow.
THURSDAY, December 9.
JAMES JACKSON and GEORGE MATHEWS, from Georgia, appeared and took their
seats.
_Address to the President._
On motion, the House resolved itself into a Committee of the Whole on
the Speech of the President of the United States, Mr. LIVERMORE in the
chair.
On motion of Mr. LAWRENCE, the committee agreed to a resolution, which
the committee rose and reported to the House, which was concurred with
as follows:
_Resolved_, that it is the opinion of this committee, that
an Address ought to be presented by the House to the
President of the United States, in answer to his Speech to
both Houses, with assurances that this House will, without
delay, proceed to take into consideration the various and
important matters recommended to their attention.
And Messrs. MADISON, AMES, and TUCKER, were appointed to prepare the
Address.
FRIDAY, December 10.
GEORGE PARTRIDGE, from Massachusetts; JONATHAN TRUMBULL and JEREMIAH
WADSWORTH, from Connecticut; THOMAS SINNICKSON, from New Jersey; and
WILLIAM SMITH, from Maryland, appeared and took their seats.
SATURDAY, December 11.
A translation of the Letter from the President of the Commonalty of
Paris, addressed to the Federal Legislature, was read as follows:
_Mr. President--Gentlemen:_
The news has reached our ears--FRANKLIN is no
more!--FRANKLIN, the citizen of the world!--All nations are
indebted to him for instruction in every branch of science.
They are all bound to participate in the grief occasioned
by this common loss. But the Assembly of the
Representatives of the Commonalty of our capital, thinking
it their duty, in addition to the general mourning, to pay
to his memory a further tribute of honor, have ordered, by
a public decree, that the virtues and talents of this great
philosopher should be perpetuated to distant ages, in a
public and solemn Eulogy--the first of the kind ever
bestowed by our nation on civic worth.
By order of the Assembly I transmit it to your hands; and,
with the most lively sensations of pleasure, embrace the
opportunity of paying due homage to a body of men, who not
only possess, but are justly entitled to enjoy the sweets
of Liberty.
May the approbation of your Assembly attend, as well the
present itself, as the fraternal and respectful sentiments
with which
I am, Mr. President--Gentlemen,
Your most obedient humble servant,
BENIERE,
_Doctor of the Sorbonne, Suppletory Member
of the National Assembly, and President
of the Commonalty of Paris._
To the PRESIDENT and CONGRESS _of the United States_.
The letter accompanied twenty-six copies of the Eulogium on Dr.
FRANKLIN, delivered by the Abbé Fauchet, pursuant to a decree of that
body.
Mr. BOUDINOT proposed that thirteen copies of the Eulogium be returned
to the President of the United States and the Senate; which was done.
Mr. SMITH (of South Carolina) observed, that it would be proper to
request the President of the United States to return an answer to the
President of the Commonalty of Paris, or that a Joint Committee of the
House and Senate should be appointed for the purpose. He was not
tenacious of any particular mode, but supposed it highly proper that
some notice should be taken of the polite attention shown the Government
by the President of the Commonalty of Paris. The business was specially
committed to the SPEAKER.
Agreeably to the order of the day, the House resolved itself into a
Committee of the Whole, to take into consideration the Address to the
President of the United States, in answer to his Speech to both Houses,
as reported yesterday. Mr. LIVERMORE in the chair.
The Address was read by the clerk, and then discussed by the committee
in paragraphs.
On reading the clause respecting the Western expedition against the
Indians,
Mr. JACKSON rose and observed, that he was as fully impressed with the
importance of an Indian war, and of extending the protection of
Government to our defenceless frontiers, as any man whatever, and had no
doubt of the necessity of the measures taken to chastise the banditti
on the Ohio; but as a Representative from the State of Georgia, he
should think himself inexcusable were he not to express his astonishment
that no notice is taken in the President's speech of the treaty with the
Creek Nation; a treaty which has spread alarm among the people of that
State--a treaty by which more than three millions of acres of land, the
property of the State of Georgia, guarantied to that State by the
Constitution of the United States, are ceded away without any
compensation. Mr. J. then adverted to several articles of the treaty,
which he said controverted the plainest principles of the constitution,
particularly those parts which secure to every citizen the rights of
property. He contrasted the present situation of the inhabitants of
Georgia, with what it was under the British Government, and said this
treaty placed them in a less eligible situation in respect to the
Indians.
It had been said, exclaimed he, that there are secret articles in the
treaty. Good God! at this early period are there to be secret articles
existing between the United States and any other nation under heaven!
Treaties by the constitution are to be considered the supreme law of the
land; but will Congress permit the laws of the United States, like those
of _Caligula_, to be placed where they cannot be read, and then punish
the people for not obeying them? The people will never submit to be
bound by secret articles.
[Here the Chairman interrupted Mr. JACKSON, by inquiring whether his
observations were intended as introductory to any motion on the
paragraph just read.]
Mr. J. replied, that it was his intention, at a future day, to introduce
a motion, that the President be requested to lay before this House the
treaty with the Creek Indians--not excepting the secret articles. He
then expatiated on the sufferings of the people of Georgia, and asked,
what must be their feelings when they reflect on the preparations made
to chastise the Wabash banditti, while the exertions of Congress have
not been called forth to their relief. The President sent three
Commissioners to Georgia (not one of whom was a citizen of that State).
They investigated the truth of her representations, and made a report
favorable to her claims, that the lands in dispute were fairly
purchased, and as fully obtained as the Confederation, or the nature of
the case would admit; but what has been the result? The treaty, so far
from recognizing the rights of Georgia, has sacrificed them--the report
of the Commissioners does not appear to have been attended to. On the
other hand, a savage of the Creeks has been invited and brought to the
seat of Government, and there loaded with favors, and caressed in the
most extraordinary manner.
He said, he would not at present engross any more of the time of the
House, only to give notice that, at a future opportunity, he should move
that the President of the United States be requested to lay before the
House for their consideration, the treaty with the Creek Indians--not
excepting the secret articles.
The paragraph respecting encouraging our own navigation being read,
Mr. SMITH (of South Carolina) observed, that he did not rise to propose
any alterations in the style of the Address; the language was such as
might be expected from the acknowledged abilities of the gentleman who
drafted it. The paragraph just read, he conceived, pledged the House to
take measures in respect to our own navigation, which may, in the issue,
prove injurious to the agricultural interests of the United States. At
this early period of the session, it appeared extremely improper for the
House to commit itself, especially as few, if any of the States, are
fully represented on the floor. He was afraid that the mode of
expression adopted in the Address would conduce to the exclusion of
foreign bottoms altogether. If the opinion of the committee should be
adopted by the House, he conceived it would be anticipating a decision
to the precluding future discussions of the subject. He foresaw that
this paragraph would be called up at some future period, and brought as
an argument against any different propositions that might be
offered--and thus the question be determined without any debate. He
thought the Address went into too minute a consideration of the several
parts of the Speech, and could have wished that more general terms had
been used. As a substitute for the paragraph under consideration, he
moved the following amendment in substance:
"We shall consider with attention the best means of
guarding against the embarrassments you mention, and will
take such measures as may remove every obstruction to the
prosperity of the commerce and agriculture of the United
States."
Mr. WILLIAMSON observed, that he saw no material difference between the
paragraph in the report and the amendment proposed. The mode of
expression adopted by the committee is in so general terms, that he
hoped it would have met the full approbation of every member of the
committee. The President proposes that the commerce of the United States
should be relieved from all injurious restrictions; nothing can be more
just and reasonable: and this is perfectly compatible with supporting
the agricultural interests of the country; the promotion of the former
involves that of the latter. He touched on the impositions of Great
Britain on our commerce, and observed, that reason and justice point out
the propriety of seeking redress. He, however, saw no opposition in the
two propositions; but as the obvious design in bringing forward the
substitute is to preclude such an inquiry as the exigency of the case
seems to require, he hoped it would not be adopted.
Mr. JACKSON observed that he had seconded the motion of the gentleman
from South Carolina, because he thought there was an obvious difference
in the two modes of expression. He then entered into a discussion of the
subject generally; and enlarged on the injurious consequences which
would result to the Southern States particularly by enhancing the duties
on foreign bottoms. He said, that the tonnage was at present so high as
to prevent foreigners from becoming our carriers; several instances of
this had been mentioned to him from good authority; and while the
American shipping was incompetent to the object, and he called on
gentlemen to show that it was, the exclusion of foreign ships from our
ports must be ruinous to South Carolina and Georgia; therefore, he hoped
the amendment would take place.
Mr. SHERMAN said, that the words in the report appeared to him less
exceptionable than those in the proposed amendment, even on the
principle supported by the gentleman in favor of the amendment. In the
report it was only said, we should consider what means, &c., but the
amendment declared we should take effectual measures. The words in the
report only binding us to consider--those in the amendment obliging us
to act. He thought the answer should be general, and was therefore
against the amendment.
Mr. SMITH (of South Carolina) observed, that the member last up had
confined his observation to the first words in the paragraph objected
to. If he will take the trouble of reading a little further, he will
see, that as the report stands, we give it as our opinion, that foreign
bottoms ought to be excluded, which would be severely felt by the States
of South Carolina and Georgia. We cannot wholly depend upon our own
vessels for the exportation of our produce; they are not sufficiently
numerous, nor will they be for many years; therefore, let us not at this
time, in a hasty manner, declare, that all articles exported shall be
carried in our own bottoms. To settle this important question, Mr. S.
thought that some time should be given to reflect, and a day fixed for
discussion; in the mean time, he thought it improper at this stage of
the session, that the opinion of the House should be given.
Mr. WILLIAMSON remarked, that the report did not say that we should have
no dependence on foreign bottoms; but that we should not depend
altogether upon them for the exportation of our produce. He had no idea
of excluding foreign bottoms. He was for making provision in case that
resource should fail.
Mr. JACKSON.--To show the importance of foreign shipping to the Southern
States, and the inadequacy of our own to transport their produce,
notwithstanding the low duty on American shipping, Mr. J. read a
statement of the tonnage duties paid by each, in the State of Georgia,
for the same period; the foreign tonnage amounted to eight thousand two
hundred and twenty-seven dollars, the American to six hundred and
twenty-nine dollars only. This being the fact, he inquired, what could
be done with the Southern produce, in case of the exclusion of foreign
bottoms? It must rot in the planter's hands. With respect to the
amendment's being as positive as the clause in the report, as had been
asserted, if this is the case he could see no objection to its being
adopted.
Mr. TUCKER said, he thought it improper that in an Address on this
occasion, the committee should go into a particular detail on every
subject; much less commit their judgment without a previous discussion.
The President may have maturely considered the subject during the
recess, but the committee cannot be supposed to be prepared for a
decision. The thinness of the House was a further objection, in his
opinion, to entering into a discussion of the question. He was not
pleased with the paragraph in the report, as it seemed to imply that
nothing had been done for the encouragement of our own navigation, the
reverse of which was fact. The posture of affairs in Europe suggested no
stronger reasons for giving further encouragement to our own navigation
than what was presented last session; the expediency of the measure is
not therefore apparent from any change of circumstances. Though he was
dissatisfied with the report, the amendment proposed fell short of his
wishes. It did not recognize what had been done for the encouragement of
American shipping. He would, therefore, propose a substitute by leave of
his colleague; which he did to the following purport: "The encouragement
of our own navigation has at all times appeared to us highly important,
and has employed a large share of our deliberations; we shall continue
to pay due attention to the subject, and consider by what means our
commerce and agriculture may be best promoted."
Mr. SMITH withdrew his motion to admit Mr. TUCKER's.
Mr. SENEY said, he could not conceive what ground of apprehension there
was in the Address, to lead gentlemen to suppose that the opinion of the
House would be committed by its adoption. He thought it couched in the
most general and unexceptionable terms. The amendment proposed he did
not think essentially variant from the paragraph under consideration;
but as the original was well expressed, he saw no reason for expunging
the clause; it contained an assertion, the truth of which he supposed
would not be controverted. As to the objection against going into a
detail of particulars, it was fully justified by precedent in the last
Address; the gentleman from South Carolina, he will recollect, was on
the committee who framed it; that Address more pointedly committed the
House than the present.
Mr. MADISON thought proper to take some notice of the objections that
had been made to the report. There were two modes of proceeding, which
might be adopted in drawing up the answer. The first method was
generally to declare, that the House would take into their serious
consideration the business recommended to their attention by the
President. And this, he observed, would be saying nothing, for, as by
the constitution it was the President's duty to communicate what matters
he judged of importance, so it was undoubtedly that of the House to pay
attention to the objects recommended. The second method was, to enter
into a detail of the different points mentioned in the President's
Address, and in such cases where there was no doubt as to the propriety
of measures being taken, assure him, in the answer, that measures would
be adopted; and if any thing doubtful occurred, merely promise that the
subject would be attended to. This rule the committee had followed in
drawing up their report, and as in the business mentioned in the
paragraph now before the House, they did not hesitate to believe some
measures necessary, they could see no impropriety in assuring him that
the best would be adopted. He added, that as it is clear that a war in
Europe would, by depriving us of foreign bottoms to export our produce,
injure this country; and as wars were doubtful, it was of the utmost
importance that the American navy be put on so respectable a footing as
not to need foreign aid for the exportation of her produce. He further
observed, that the answer returned last session was more full, and went
even to give the President assurances that the House would concur in
certain points proposed for their consideration in his address. He
concluded by remarking, that the amendment proposed was binding on the
House quite as much as the paragraph in the report.
Mr. SMITH (of South Carolina) said, it was true those who reported the
Address the last session, adverted to particulars; but were cautious in
their mode of expression, and adopted ambiguous language to avoid giving
an opinion. This would appear by recurring to that Address. The charge
of inconsistency on his part was therefore not well founded. Mr. S. read
some paragraphs of that Address, and observed that the House was not
pledged by the expressions then read; but in the present Address there
is an opinion given. It says that we ought not to depend on foreign
bottoms, because in case of war we may be deprived of that resource.
These declarations originated the objections, and gave rise to the
amendment. He proposed, therefore, as gentlemen appear to have no
objection to either mode of expression, that they would accommodate for
the sake of harmony and unanimity.
The question on the amendment was lost by a considerable majority.
The remainder of the Address was read, and agreed to by the committee.
The committee then rose and reported, and the House adopted it
unanimously.
A committee was then appointed to wait on the President of the United
States, to know at what time and place it would be convenient for him to
receive the Address.
The committee having waited on the President, Mr. MADISON reported, that
the President was pleased to return for answer, that, at two o'clock on
Monday next, he would receive the Address at his own house.
Messrs. WILLIAMSON and SHERMAN were added to the committee on the bill
to amend the act for promoting the progress of the useful arts.
Mr. MATHEWS was appointed on the committee on the militia bill, _vice_
Mr. JACKSON, who begged leave to decline serving, as his colleague had
been heretofore on that business, and must consequently be better
acquainted with the subject than he was.
MONDAY, December 13.
GEORGE LEONARD from Massachusetts; JOHN VINING, from Delaware; JOSIAH
PARKER, from Virginia; JOHN BAPTIST ASHE, from North Carolina; and
EDANUS BURKE, from South Carolina, appeared and took their seats.
_Eulogium on Dr. Franklin._
Mr. SMITH (of South Carolina) introduced the following motion, which was
read, and laid on the table:
The House being highly sensible of the polite attention of
the Commonalty of Paris, in directing a eulogium to the
illustrious memory of Dr. Benjamin Franklin, pronounced
before them, to be transmitted to the President and
Congress of the United States,
_Resolved_, That the Speaker communicate the sense of this
House in a letter addressed to the President and Commonalty
of Paris.
_Address to the President._
At two o'clock, the House, preceded by the Sergeant-at-Arms, waited on
the President of the United States, at his house where the SPEAKER
delivered the following Address in answer to his Speech to both Houses:
SIR: The Representatives of the people of the United States
have taken into consideration your Address to the two
Houses at the opening of the present session of Congress.
We share in the satisfaction inspired by the prospects
which continue to be so auspicious to our public affairs.
The blessings resulting from the smiles of Heaven on our
agriculture, the rise of public credit, with the further
advantages promised to it, and the fertility of resources
which are found so little burdensome to the community,
fully authorize our mutual congratulations on the present
occasion. Nor can we learn, without an additional
gratification, that the energy of the laws for providing
adequate revenues have been so honorably seconded by those
classes of citizens whose patriotism and probity were more
immediately concerned.
The success of the loan, opened in Holland under the
disadvantages of the present moment, is the more important,
as it not only denotes the confidence already placed in the
United States, but as the effects of a judicious
application of that aid will still further illustrate the
solidity of the foundation on which the public credit
rests.
The preparatory steps taken by the State of Virginia, in
concert with the District of Kentucky, towards the erection
of the latter into a distinct member of the Union, exhibit
a liberality mutually honorable to the parties. We shall
bestow on this important subject the favorable
consideration which it merits, and with the national policy
which ought to govern our decision, shall not fail to
mingle the affectionate sentiments which are awakened by
those expressed in behalf of our fellow-citizens of
Kentucky.
Whilst we regret the necessity which has produced offensive
hostilities against some of the Indian tribes north-west of
the Ohio, we sympathize too much with our Western brethren,
not to behold with approbation the watchfulness and vigor
which have been exerted by the Executive authority for
their protection; and which, we trust, will make the
aggressors sensible that it is their interest to merit, by
a peaceable behavior, the friendship and humanity which the
United States are always ready to extend to them.
The encouragement of our own navigation has at all times
appeared to us highly important. The point of view under
which you have recommended it to us is strongly enforced by
the actual state of things in Europe. It will be incumbent
on us to consider in what mode our commerce and agriculture
can be best relieved from an injurious dependence on the
navigation of other nations, which the frequency of their
wars renders a too precarious resource for conveying the
productions of our own country to market.
The present state of our trade in the Mediterranean seems
not less to demand, and will accordingly receive, the
attention which you have recommended.
Having already concurred in establishing a Judiciary
system, which opens the doors of justice to all without
distinction of persons, it will be our disposition to
incorporate every improvement which experience may suggest;
and we shall consider, in particular, how far the
uniformity which in other cases is found convenient in the
administration of the General Government through all the
States may be introduced into the forms and rules of
executing sentences issuing from the Federal Courts.
The proper regulation of the jurisdiction and functions
which may be exercised by Consuls of the United States in
foreign countries, with the provisions stipulated to those
of His Most Christian Majesty established here, are
subjects of too much consequence to the public interest and
honor not to partake of our deliberations.
We shall renew our attention to the establishment of the
militia and other subjects unfinished at the last session,
and shall proceed in them with all the despatch which the
magnitude of all, and the difficulty of some of them, will
allow.
Nothing has given us more satisfaction than to find that
the revenues heretofore established have proved adequate to
the purposes to which they were allotted. In extending the
provision to the residuary objects, it will be equally our
care to secure sufficiency and punctuality in the payments
due from the Treasury of the United States. We shall also
never lose sight of the policy of diminishing the public
debt, as fast as the increase of the public resources will
permit; and are particularly sensible of the many
considerations which press a resort to the auxiliary
resources furnished by the public lands.
In pursuing every branch of the weighty business of the
present session, it will be our constant study to direct
our deliberations to the public welfare. Whatever our
success may be, we can at least answer for the fervent love
of our country, which ought to animate our endeavors. In
your co-operation, we are sure of a resource which
fortifies our hopes that the fruits of the established
Government will justify the confidence which has been
placed in it, and recommend it more and more to the
affection and attachment of our fellow-citizens.
To the foregoing Address the PRESIDENT was pleased to reply:
GENTLEMEN: The sentiments expressed in your Address are
entitled to my particular acknowledgment. Having no object
but the good of our country, this testimony of approbation
and confidence, from its immediate representatives, must be
among my best rewards, as the support of your enlightened
patriotism has been among my greatest encouragements. Being
persuaded that you will continue to be actuated by the same
auspicious principle, I look forward to the happiest
consequences from your deliberations during the present
session.