SENATE.] Proceedings. [SEPTEMBER, 1789. THURSDAY, September 10. A message from the House of Representatives brought up the bill for allowing a compensation A message from the House of Representatives to the President and Vice President of the United brought up a resolve of the House of RepresentaStates; and informed the Senate that the House tives, "that, until further provision be made by of Representatives had disagreed to the amend-law, the General Post Office of the United States ment thereon; shall be conducted according to the rules and reAlso, the bill for establishing the salaries of the gulations prescribed by the ordinances and resoluExecutive officers of Government, with their as-tions of the late Congress, and that contracts be sistants and clerks, with part of the amendments made for the conveyance of the mail in conformiagreed to, and another part disagreed to. ty thereto." This resolve was committed to Messrs. BUTLER, MORRIS, and ELLSWORTH, with an instruction to report a bill upon the subject. FRIDAY, September 11. 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 A message from the House of Representatives Messrs. SHERMAN, TUCKER, and BENSON, mana- brought up the bill for suspending the operation gers on the part of the House of Representatives; of part of an act imposing duties on tonnage, to and, also, that the House of Representatives had which he requested the concurrence of the Seconcurred in their amendments to the bill to pro-nate; which was read the first and second times. vide for the safe-keeping of the acts, records, and seal of the United States. The Senate proceeded to consider the disagree ment 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 ap pointed, as a committee on their part, Messrs. KING, IZARD, and MORRIS. The Senate entered on Executive business. 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 subjectmatter 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, They proceeded to the consideration of the Comptroller; Samuel Meredith, of Pennsylvania, TreaMessage from the President of the United States, Joseph Nourse, (in office,) Register. For the Departsurer; Oliver Wolcott, Jun., of Connecticut, Auditor; of the 25th of May, 1789, accompanying the treament of War, Henry Knox. For Judge in the Westties formed at Fort Harmar, by Arthur St. Clair, ern Territory, in place of William Barton, who declines Esq., on the part of the United States, viz: a trea- the appointment, George Turner. For Survey or in ty with the sachems and warriors of the Six Na- the district of Rappahannock, State of Virginia, in tions, (the Mohawks excepted,) and a treaty with place of Staige Davis, who declines the appointment, I the sachems and warriors of the Wyandot, Dela-nominate Peter Kemp. For Surveyor of Town Creek, ware, 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. in the district of Patuxent, State of Maryland, in place 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 NewYork, 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 ! Gentlemen of the Senate: Mr. MORRIS, on behalf of the committee appointed on the 11th September, to consider the The Governor of the Western Territory has made a bill to suspend part of an act to regulate the col-statement to me of the reciprocal hostilities of the Walection of duties on the tonnage of ships and ves-bash Indians, and the people inhabiting the frontiers sels, &c., reported it with an amendment; which bordering on the river Ohio, which I herewith lay bewas concurred with. Ifore Congress. 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. 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 Conthe Governor of the Western Territory. stitution, which would embrace the cases apprehended On the question to advise and consent to the appointment of Joseph Nourse, (in office,) Regis-by ter, 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. September 16, 1789. GEO. WASHINGTON. THURSDAY, September 17. Mr. LEE, in behalf of the committee appointed the United States, reported a bill to regulate proto prepare a bill for organizing the Judiciary of cesses in 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 House of Representatives had concurred in the Office. It also informed the Senate that the bill to establish the judicial courts of the United States, with amendments; to which amendments the concurrence of the Senate was requested. with the amendments, be committed to Messrs. The Senate entered on Executive business. 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 indis cretions 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. September 17, 1789. GEO. WASHINGTON. 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 [SEPTEMBER, 1789. 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: tions has ever been considered as a full completion That the signature of treaties with the Indian nathereof, 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, Pattiwattima, 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 11th, 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 regulate processes in the courts of the United States. Ordered, That the rules be so far dispensed with, as that the last recited bill have the third reading at this time. Ordered, That the bill be engrossed. the House of Representatives had agreed to post-proceeded in the second reading of the bill to pone 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. 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 SEPTEMBER, 1789.] Proceedings. [SENATE. United States; to which the concurrence of the | resolve to the House of Representatives, and 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. 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. rence. TUESDAY, September 22. Mr. MORRIS, in behalf of the Senators from the A message from the House of Representatives State of Pennsylvania, introduced a resolve of brought up an order of the House of Representathe General Assembly of that State, of March tives, for postponing the adjournment of Conthe 5th, 1789, making "a respectful offer to Congress until the 26th of September, for concurgress 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, 12th, 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. the House of Representatives of this day, "reThe Senate proceeded to consider the order of scinding 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 26th instant; and, Resolved, That the Senate do concur in the said order. Government of the United States have the first Ordered, That the bill to establish the seat of reading at this time. Ordered, That it be read a second time to morrow. 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, Resolved, by the Senate and House of Representa- 1789, between Arthur St. Clair, Governor of the Westtives of the United States of America in Congress ern Territory, on the part of the United States, and the assembled, That it be recommended to the Legisla-sachems and warriors of the Wyandot, Delaware, Ottatures of the several States to pass laws, making it wa, Chippewa, Pattawattima, and Sac nations: expressly the duty of the keepers of their jails to receive, and safe keep therein, all prisoners committed It passed in the affirmative. 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 jails, 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 be committed for offences. Ordered, That the Secretary do carry this 1st CON.-4 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. Senate.] WEDNESDAY, September 23. Proceedings. 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. [SEPTEMBER, 1789. 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 Ordered, That the bill to explain and amend an act for registering and clearing vessels, regu-Stateslating 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. 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. On motion to strike out these words, "in the I also nominate, for District Judges, Attorneys, and State of Pennsylvania," after the word Susque- Marshals, the persons whose names are below, and anhannah, line 4th, and the yeas and nays being re-nexed to the districts, respectively, viz : quired 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 Districts. Maine, Judges. David Sewell. Pennsylvania, Delaware, Allan McLean. YE |