MONDAY, December 2, 1793.
This being the day fixed by the constitution for the annual meeting of
Congress, the following members of the Senate appeared, produced their
credentials, and took their seats.
JOHN ADAMS, Vice President of the United States and President of the
Senate.
JOHN LANGDON and SAMUEL LIVERMORE, from New Hampshire.
GEORGE CABOT, from Massachusetts.
OLIVER ELLSWORTH, from Connecticut.
MOSES ROBINSON, from Vermont.
AARON BURR, from New York.
JOHN RUTHERFORD, from New Jersey.
ROBERT MORRIS and ALBERT GALLATIN, from Pennsylvania.
JAMES MONROE, from Virginia.
JOHN EDWARDS, from Kentucky.
BENJAMIN HAWKINS, from North Carolina.
RALPH IZARD, from South Carolina.
Mr. LANGDON, the President of the Senate _pro tempore_, administered the
oath required by law to the VICE PRESIDENT OF THE UNITED STATES.
The Secretary read the credentials of the following Senators appointed
for the terms respectively mentioned therein.
PIERCE BUTLER, from South Carolina.
ALEXANDER MARTIN, from North Carolina.
JOHN VINING, from Delaware.
The VICE PRESIDENT administered the oath required by law to Mr. BUTLER,
Mr. GALLATIN, and Mr. MARTIN, respectively, and they took their seats.
STEPHEN MIX MITCHELL, appointed by the State of Connecticut a Senator
for two years, in the place of ROGER SHERMAN, deceased, produced his
credentials, which being read, the VICE PRESIDENT administered to him
the oath required by law, and he took his seat.
The VICE PRESIDENT laid before the Senate the petition of Conrad Laub
and others, relative to the appointment of Mr. GALLATIN, a Senator of
the United States; which was read and ordered to lie on the table.
The VICE PRESIDENT also communicated a letter from GEORGE READ, of
Delaware, resigning his seat in the Senate; which was read, and ordered
to lie on the table.
_Ordered_, That the Secretary acquaint the House of Representatives that
a quorum of the Senate is assembled, and ready to proceed to business.
_Ordered_, that Messrs. IZARD and LANGDON be a joint committee on the
part of the Senate, together with such committee as the House of
Representatives may appoint, on their part, to wait on the PRESIDENT OF
THE UNITED STATES, and notify him that a quorum of the two Houses is
assembled, and ready to receive any communications that he may be
pleased to make to them.
A message from the House of Representatives informed the Senate that the
House had elected FREDERICK A. MUHLENBERG their Speaker, and that they
have concurred with the Senate in appointing a joint committee to wait
on the PRESIDENT OF THE UNITED STATES.
Mr. IZARD, from the joint committee who had waited on the PRESIDENT,
reported that the PRESIDENT would meet the two Houses to-morrow, at 12
o'clock, in the Senate Chamber.
TUESDAY, December 3.
The two Houses being assembled in the Senate Chamber, the PRESIDENT OF
THE UNITED STATES entered, and addressed the two Houses of Congress as
follows:
_Fellow-Citizens of the Senate, and of the House of
Representatives:_
Since the commencement of the term for which I have been
again called into office, no fit occasion has arisen for
expressing to my fellow-citizens at large the deep and
respectful sense which I feel of the renewed testimony of
public approbation. While, on the one hand, it awakened my
gratitude for all those instances of affectionate
partiality with which I have been honored by my country, on
the other, it could not prevent an earnest wish for that
retirement from which no private consideration should ever
have torn me. But, influenced by the belief that my conduct
would be estimated according to its real motives, and that
the people, and the authorities derived from them, would
support exertions having nothing personal for their object,
I have obeyed the suffrage which commanded me to resume the
Executive power, and I humbly implore that Being on whose
will the fate of nations depends, to crown with success our
mutual endeavors for the general happiness.
As soon as the war in Europe had embraced those Powers with
whom the United States have the most extensive relations,
there was reason to apprehend that our intercourse with
them might be interrupted, and our disposition for peace
drawn into question by the suspicions too often entertained
by belligerent nations. It seemed, therefore, to be my duty
to admonish our citizens of the consequences of a
contraband trade, and of hostile acts to any of the
parties, and to obtain, by a declaration of the existing
legal state of things, an easier admission of our right to
the immunities belonging to our situation. Under these
impressions the Proclamation which will be laid before you
was issued.
In this posture of affairs, both new and delicate, I
resolved to adopt general rules, which should conform to
the treaties and assert the privileges of the United
States. These were reduced into a system, which will be
communicated to you. Although I have not thought myself at
liberty to forbid the sale of the prizes permitted by our
treaty of commerce with France to be brought into our
ports, I have not refused to cause them to be restored when
they were taken within the protection of our territory, or
by vessels commissioned or equipped in a warlike form
within the limits of the United States.
It rests with the wisdom of Congress to correct, improve,
or enforce this plan of procedure; and it will probably be
found expedient to extend the legal code and the
jurisdiction of the Courts of the United States to many
cases which, though dependent on principles already
recognized, demand some further provisions.
Where individuals shall, within the United States, array
themselves in hostility against any of the Powers at war,
or enter upon military expeditions or enterprises within
the jurisdiction of the United States; or usurp and
exercise judicial authority within the United States; or
where the penalties on violations of the law of nations may
have been indistinctly marked, or are inadequate--these
offences cannot receive too early and close an attention,
and require prompt and decisive remedies.
Whatsoever those remedies may be, they will be well
administered by the Judiciary, who possess a
long-established course of investigation, effectual
process, and officers in the habit of executing it.
In like manner, as several of the courts have doubted,
under particular circumstances, their power to liberate the
vessels of a nation at peace, and even of a citizen of the
United States, although seized under a false color of being
hostile property, and have denied their power to liberate
certain captures within the protection of our territory, it
would seem proper to regulate their jurisdiction in these
points; but, if the Executive is to be the resort in either
of the two last-mentioned cases, it is hoped that he will
be authorized by law to have facts ascertained by the
courts, when, for his own information, he shall request it.
The connection of the United States with Europe has become
extremely interesting. The occurrences which relate to it
and have passed under the knowledge of the Executive, will
be exhibited to Congress in a subsequent communication.
When we contemplate the war on our frontiers, it may be
truly affirmed that every reasonable effort has been made
to adjust the causes of dissension with the Indians north
of the Ohio. The instructions given to the Commissioners
evince a moderation and equity proceeding from a sincere
love of peace and a liberality having no restriction but
the essential interests and dignity of the United States.
The attempt, however, of an amicable negotiation having
been frustrated, the troops have marched to act
offensively. Although the proposed treaty did not arrest
the progress of military preparation, it is doubtful how
far the advance of the season, before good faith justified
active movements, may retard them, during the remainder of
the year. From the papers and intelligence which relate to
this important subject, you will determine whether the
deficiency in the number of troops granted by law shall be
compensated by succors of militia, or additional
encouragements shall be proposed to recruits.
An anxiety has been also demonstrated by the Executive for
peace with the Creeks and the Cherokees. The former have
been relieved with corn and with clothing, and offensive
measures against them prohibited during the recess of
Congress. To satisfy the complaints of the latter,
prosecutions have been instituted for the violence
committed upon them. But the papers which will be delivered
to you, disclose the critical footing on which we stand in
regard to both those tribes, and it is with Congress to
pronounce what shall be done.
_Gentlemen of the House of Representatives:_
The productiveness of the public revenues hitherto has
continued to equal the anticipations which were formed of
it, but it is not expected to prove commensurate with all
the objects which have been suggested. Some auxiliary
provisions will, therefore, it is presumed, be requisite;
and it is hoped that these may be made consistently with a
due regard to the convenience of our citizens, who cannot
but be sensible of the true wisdom of encountering a small
present addition to their contributions, to obviate a
future accumulation of burdens.
But here I cannot forbear to recommend a repeal of the tax
on the transportation of public prints. There is no
resource so firm for the Government of the United States as
the affections of the people, guided by an enlightened
policy; and to this primary good nothing can conduce more
than a faithful representation of public proceedings,
diffused without restraint, throughout the United States.
An estimate of the appropriations necessary for the current
service of the ensuing year, and a statement of a purchase
of arms and military stores, made during the recess, will
be presented to Congress.
_Gentlemen of the Senate, and of the House of
Representatives:_
The several subjects to which I have now referred open a
wide range to your deliberations, and involve some of the
choicest interests of our common country. Permit me to
bring to your remembrance the magnitude of your task.
Without an unprejudiced coolness, the welfare of the
Government may be hazarded; without harmony, as far as
consists with freedom of sentiment, its dignity may be
lost. But, as the Legislative proceedings of the United
States will never, I trust, be reproached for the want of
temper or of candor, so shall not the public happiness
languish from the want of my strenuous and warmest
co-operation.