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SENATE.]

Proceedings.

to the President's Speech further reported; whereupon it was

[MAY, 1789.

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 con

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 Presi-fidence reposed in me by my fellow-citizens, and the dent 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 I 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. Wingate, 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.

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 now feel myself inexpressibly happy in a belief that a diffidence of my abilities had taught me to anticipate. 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.

A message from the House of Representatives Ordered, That Mr. LEE be a committee, on the informed the Senate that the House had concur- part of the Senate, to join any committee appointred in the appointment of a committee, consisting ed for that purpose on the part of the House of of Mr. Sylvester, Mr. Wynkoop, and Mr. Smith Representatives, to lay before the President of the of South Carolina, to confer with a committee United States, for his approbation, a bill to reguappointed on the part of the Senate the 13th in-late the time and manner of administering certain stant, 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 petition from sundry printers, presented to the Senate, be referred to the committee of the Senate appointed the 13th in

stant.

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 instant. To which the President of the United States was pleased to make the following reply:

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

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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.

[SENATE.

western 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, 1786, between commissioners from the United States, and the chiefs and warriors of the

Shawanee nation.

That the treaties of Fort Stanwix and Fort McIntosh 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 be 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.

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 punish-Intosh do not state that the limits therein defined are

ment."

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.

That the treaties of Fort Stanwix and of Fort Mc

by virtue of a purchase from the Indians.

That the said treaties have been opposed and complained of, will appear by the representaton 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 joinThe committee appointed to examine the afore-ed in the representation made to Congress, dated the 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, laid 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.

18th of the present month, July, 1787, received their 18th day of December, 1786, that Congress, on the 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 ly may be, and at such place and at such particular Erie, as soon after the 1st of April next as convenient

time, as the Governor of the Western Territory shall The Senate to-day, for the first time, entered appoint, for the purpose of knowing the causes of unupon Executive business, having received from easiness among the said tribes, and hearing their comthe President of the United States a communica-plaints, of regulating trade, and amicably settling all tion covering a report from the Secretary of War, affairs concerning lands and boundaries between them on the negotiations of the Governor of the West- and the United States. ern Territory with certain northern and north

"That the Governor of the Western Territory hold

SENATE.J

Proceedings.

[MAY, 1789.

the said treaty, agreeably to such instructions as shall committee, consisting of Messrs. PARTRIDGE, be given him for that purpose." FLOYD, and THATCHER, to confer with any comThat, on the 12th of October, 1787, Congress re-mittee which may be appointed by the Senate, on solved : the proper method of receiving into either House bills or messages from the President of the United States.

"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.

WAR OFFICE, May 23, 1789.

TUESDAY, May 26.

H. KNOX.

A message from the House of Representatives informed the Senate that they had appointed a

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

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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 on 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 be 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.

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MONDAY, June 1.

[SENATE.

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

The Secretary carried to the House of Representatives the concurrence of the Senate upon a The other report was read, and concurred with restive of the House on the 29th of May, on the an amendment, viz: after the words "and distributmode of receiving communications from the Presi-ed to the," insert "members of the legislative, to dent 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 ultimo 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, 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.

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, in 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, DALJOHNSON, ELLSWORTH, PATERSON, MACLAY, MORRIS, READ, BASSETT, CARROLL, HENRY, LEE, GRAYSON, IZARD, FEW, GUNN.

ΤΟΝ,

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.

3d June, to consider the mode of communicating On the report of the commitee, appointed the 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 regulations 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

SENATE.]

Proceedings.

[JUNE, 1789.

the House of Representatives for their concur-laying a duty on goods, wares, and merchandises imported into the United States.

rence.

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.

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

The Senate entered on Executive business, and received from the 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.

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 of June, upon the mode of Mr. LEE, in behalf of the committee thereto communicating the acts of Congress to the Ex-appointed, reported a bill to establish the judicial

ecutive 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 com plete set of such journals.

The Senate proceeded in the second reading of the bill for laying a duty 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 duty 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.

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courts of the United States.

They referred the President's Message of the 25th ult., to a committee, consisting of Messrs. Few,

The Senate entered on Executive businesss.

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 place 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 Proceeded in the third reading of the bill for confirmed the appointment of Mr. SHORT to take

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