doubt, assist in giving us a fuller view of the subject, and in guiding our deliberations to such results as may comport with the rights and true interests of our country. We learn, with deep regret, that the measures, dictated by a love of peace, for obtaining an amicable termination of the afflicting war on our frontiers, have been frustrated, and that a resort to offensive measures should have again become necessary. As the latter, however, must be rendered more satisfactory, in proportion to the solicitude for peace, manifested by the former, it is to be hoped they will be pursued under the better auspices, on that account, and be finally crowned with more happy success. In relation to the particular tribe of Indians against whom offensive meassures have been prohibited, as well as on all the other important subjects which you have presented to our view, we shall bestow the attention which they claim. We cannot, however, refrain, at this time, from particularly expressing our concurrence in your anxiety for the regular discharge of the Public Debts, as fast us circumstances and events will permit, and, in the policy of removing any impediments that may be found in the way of a faithful representation of public proceedings throughout the United States, being persuaded, with you, that on no subject more than the former can delay be more injurious, or an economy of time more valuable; and that, with respect to the latter, no resource is so firm for the Government of the United States as the affections of the people, guided by an enlightened policy. Throughout our deliberations we shall endeavor to cherish every sentiment which may contribute to render them conducive to the dignity as well as to the welfare of the United States. And we join with you in imploring that Being, on whose will the fate of nations depends, to crown with success our mutual endeavors. Resolved, That Mr. SPEAKER, attended by the House, do present the said Address, and that Mr. MADISON, Mr. SEDGWICK, and Mr. HARTLEY, be a committee to wait on the PRESIDENT, to know when and where it will be convenient for him to receive the same. [DECEMBER, 1793. The SPEAKER, attended by the House, then withdrew to the house of the PRESIDENT OF THE UNITED STATES, and there presented to him the Address of this House, in answer to his Speech to both Houses of Congress; to which the PRESIDENT made the following Reply: GENTLEMEN: I shall not affect to conceal the cordial satisfaction which I derive from the Address of the House of Representatives. Whatsoever those services may be which you have sanctioned by your favor, it is a sufficient reward that they have been accepted as they were meant. For the fulfilment of your anticipations the motives which you approve shall continue unchanged. of the future, I can give no other assurance than that It is truly gratifying to me to learn that the Proclamation has been considered as a seasonable guard I doubt that the subjects which I have recommended to against the interruption of the public peace. Nor can your attention as depending on Legislative provisions, will receive a discussion suited to their importance. With every reason, then, it may be expected that your deliberations, under the Divine blessing, will be matured to the honor and happiness of the United States. G. WASHINGTON. The House resumed the reading of the communications received from the PRESIDENT OF THE UNITED STATES on Thursday last, and made a further progress therein. The SPEAKER laid before the House a Letter from the Treasurer of the United States, accompanying his accounts of the receipts and expenditures of public moneys, from the 1st of January to the 31st of March, 1793, inclusive; also, of his payments and receipts on account of the War Department, from the 1st of January to the 30th of June, 1793, inclusive; which were read, and ordered to lie on the table. MONDAY, December 9. GABRIEL CHRISTIE, from Maryland, THOMAS A petition of Henry K. Van Rensselaer, of the CLAIBORNE and GEORGE HANCOCK, from Virginia, State of New York, was presented to the House JOSEPH WINSTON, from North Carolina, JOHN and read, complaining of an undue election and HUNTER and ANDREW PICKENS, from South Careturn of John E. Van Allen, to serve as a mem-rolina, appeared, produced their credentials, and ber of this House for the said State. Ordered, That the said petition be referred to the Committee of Elections. The House resumed the reading of the Message and communications received yesterday from the PRESIDENT OF THE UNITED STATES, and made a further therein. progress Mr. MADISON, from the committee appointed to wait on the PRESIDENT OF THE UNITED STATES, to know when and where it will be convenient for him to receive the Address of this House, in answer to his Speech to both Houses of Congress, reported that the committee had waited on the PRESIDENT, who signified to them that it would be convenient to him to receive the said Address at 12 o'clock, to-morrow, at his own house. SATURDAY, December 7. PELEG WADSWORTH, from Massachusetts, and JOSEPH NEVILLE, from Virginia, appeared, produced their credentials, and took their seats. took their seats in the House. The House resumed the reading of the Communications received from the PRESIDENT OF THE UNITED STATES on Thursday last, and made a further progress therein. Mr. WILLIAM SMITH, from the Standing Committee of Elections, to whom was referred the petition of Henry K. Van Rensselaer, of the State of New York, complaining of an undue election and return of John E. Van Allen, to serve as a member of this House for the said State, made a report; which was read, and ordered to lie on the table. TUESDAY, December 10. The House resumed the reading of the Communications received from the PRESIDENT OF THE UNITED STATES on Thursday last, and made a further progress therein. Ordered, That the petition of Henry Latimer, of the State of Delaware, complaining of an undue WEDNESDAY, December 11. BENJAMIN BOURNE and FRANCIS MALBONE, from Rhode Island, appeared, produced their credentials, and took their seats in the House. The House resumed the reading of the Communications received from the PRESIDENT OF THE UNITED STATES on Thursday last, and went through the same. Ordered, That the said Communications be committed to the Committee of the Whole House on the state of the Union. The House again resolved itself into a Committee of the Whole House on the Speech of the PRESIDENT OF THE UNITED STATES to both Houses of Congress; and, after some time spent therein, the Chairman reported that the Committee had again had the said Speech under consideration, and come to several resolutions thereupon; which were severally twice read and agreed to by the House, as follow: 1st. Resolved, That a committee be appointed to prepare and bring in a bill for completing and better supporting the Military Establishment of the United States. 2d. Resolved, That a committee be appointed to report whether any, and what, amendments are, in their opinion, necessary to the act for establishing an uniform militia throughout the United States. 3d. Resolved, That a committee be appointed to report whether any, and what, alterations or amendments are, in their opinion, necessary to the act to establish the Post Office and Post Roads of the United States. Ordered, That Mr. JEREMIAH WADSWORTH, Mr. GILMAN, Mr. BOUDINOT, Mr. PETER MUHLENBERG, Mr. PARKER, Mr. CARNES, and Mr. BLOUNT, be a committee pursuant to the first resolution. Ordered, That Mr. COBB, Mr. SHERBURNE, Mr. BENJAMIN BOURNE, Mr. VAN CORTLANDT, Mr. MONTGOMERY, Mr. HARRISON, and Mr. PICKENS, be a committee pursuant to the second resolution. Ordered, That Mr. SEDGWICK, Mr. TRACY, Mr. GLENN, Mr. CLARK, Mr. FITZSIMONS, Mr. DENT, Mr. WALKER, Mr. MCDOWELL, and Mr. HUNTER, be a committee pursuant to the third resolution. Resolved, That this House will, on Friday next, again resolve itself into a Committee of the Whole House on the said Speech. The SPEAKER laid before the House a Letter from the Treasurer of the United States, accompanying his account of the receipts and expenditures of public moneys, from the 1st of April to the 30th of June, 1793, inclusive; which were read, and ordered to lie on the table. Mr. BOUDINOT, from the committee appointed to examine the Journal of the last session, and to report therefrom all such matters of business as [H. or R. were then depending and undetermined, made a report; which was read, and ordered to lie on the table. Ordered, That a committee be appointed to examine the laws of the United States, and report to the House such as have expired, or will expire, before the next session; and that Mr. BOUDINOT, Mr. GOODHUE, and Mr. KITTERA, be the said committee. Ordered, That a committee be appointed to the renewal of destroyed certificates of Debt of and bring in a bill to make provision for prepare the United States; and that Mr. LEE, Mr. COFFIN, and Mr. BEATTY, be the said committee. prepare and bring in a bill for the relief of sick Ordered, That a committee be appointed to and disabled seamen; and that Mr. GOODHUE, Mr. MALBONE, be the said committee. WATTS, Mr. NICHOLAS, Mr. WINSTON, and Mr. MONDAY, December 16. SAMUEL DEXTER, Junior, from Massachusetts, JOSHUA COIT and ZEPHANIAH SWIFT, from Connecticut, and RICHARD WINN, from South Carolina, appeared, produced their credentials, and took their seats. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, requesting that a new inquiry into his official conduct may be instituted, in some mode most effectual for an accurate and thorough investigation; which was read, and ordered to lie on the table. The SPEAKER laid before the House a Letter from the Secretary of War, accompanying a return of the ordnance, arms, and military stores, in possession of the United States; also, a variety of papers, from A to L, inclusive, giving a view of the Southwestern frontiers, as connected with the Creeks and the State of Georgia and the Southwestern Territory of the United States. The said Letter and Communications were partly read. Ordered, That a committee be appointed to ake into consideration the act "To establish the H. OF R.] Proceedings. [DECEMBER, 1793. WEDNESDAY, December 18. Judicial Courts of the United States," and report some provisions in the case, where any Judge of Mr. WILLIAM SMITH, from the Standing Comthe Courts of the United States is, or may, by mittee of Elections, to whom was referred the pesickness or other disqualifying cause, be rendered tition of Henry K. Van Rensselaer, of the State incapable of discharging the duties of his office; of New York, complaining of an undue election also, some further provision concerning bail, pro-and return of John E. Van Allen, to serve as a cess, and costs, in the Courts of the United States; member of this House for the said State, made a and, generally, to report such amendments to the further report; which was read, and ordered to be said act as they may judge necessary and Consti- committed to a Committee of the Whole House tutional; and that Mr. WILLIAM SMITH, Mr. JEREon Friday next. MIAH SMITH, Mr. MOORE, Mr. MURRAY, Mr. THATCHER, Mr. SCOTT, and Mr. CHRISTIE, be the said committee. A Message was received from the PRESIDENT OF THE UNITED STATES, communicating certain confidential communications respecting the transactions of the Government of the United States with Spain. The following Message was received from the PRESIDENT OF THE UNITED STATES: of the House of Representatives: I lay before you a Report of the Secretary of State on the measures which have been taken, on behalf of the United States, for the purpose of obtaining a recognition of our Treaty with Morocco, and for the ransom of our citizens and establishment of peace with Algiers. While it is proper our citizens should know that subjects which so much concern their interests and their feelings have duly engaged the attention of their Legis lature and Executive, it would still be improper that some particulars of this communication should be made known. The confidential conversation stated in one of Ordered, That the confidential communications received from the PRESIDENT OF THE UNited STATES On Monday last, respecting the measures which have been pursued for obtaining a recognition of the Treaty between the United States and Morocco, and for the ransom of prisoners and establishment of peace with the Algerines, be committed to a Committee of the Whole House to morrow. The House resumed the reading of the confidential communications from the PRESIDENT, respecting the transactions of the Government of the United States with Spain, and made a further progress therein. THURSDAY, December 19. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, transmitting an account of receipts and expenditures of the United States for the year one thousand seven hundred and ninety-two, and accompanied with an explanatory Letter to him from the Comptroller of the Treasury; which were read, and order the last Letters, sent herewith, is one of these. Both G. WASHINGTON. TUESDAY, December 17. The SPEAKER laid before the House a Letter and Report from the Commissioners for purchasing the Public Debt, stating the amount of purchases and other proceedings since their last report; which were read, and ordered to lie on the table. Mr. JEREMIAH WADSWORTH, from the committee appointed, presented a bill for completing and better supporting the Military Establishment of the United States; which was read twice and committed. The House proceeded to the reading of the confidential communications received yesterday from the PRESIDENT OF THE UNITED STATES, respecting the measures which have been pursued for obtaining a recognition of the Treaty between the United States and Morocco, and for the ransom of prisoners and establishment of peace with the Algerines, and went through the same. The SPEAKER laid before the House a Letter ther communications respecting the Southwestern from the Secretary of War, accompanying furfrontiers, as connected with the Creeks, and the State of Georgia, and the Southwestern Territory of the United States. Ordered, That the said Letter and communications do lie on the table. The SPEAKER laid before the House a Letter from the Secretary of State, accompanying a report on the privileges and restrictions on the commerce of the United States in foreign countries, made pursuant to a resolution of the House of the twenty-third of February, one thousand seven hundred and ninety-one; which was read, and ordered to be committed to the Committee of the Whole House to whom are committed the confidential communications from the PRESIDENT respecting the measures which have been pursued for obtaining a recognition of the Treaty between the United States and Morocco, and for the ransom of prisoners and establishment of peace with the Algerines. Ordered, That a committee be appointed to inquire into and report a state of facts respecting sundry French vessels which have taken refuge The House then proceeded to the reading of in the ports of the United States, and their opinthe confidential communications from the PRESI-ion on the pr priety of remitting the foreign tonDENT, respecting the transactions of the Govern- nage thereon; and that Mr. VENABLE, Mr. TALBOT, ment of the United States with Spain, and made and Mr. LYMAN, be the said committee. some progress therein. The House resumed the reading of the confi dential communications from the PRESIDENT respecting the transactions of the Government of the United States with Spain, and went through the same. Ordered, That the said communications be committed to the Committee of the Whole House to whom are committed the confidential communications respecting the measures which have been pursued for obtaining a recognition of the Treaty between the United States and Morocco, and for the ransom of prisoners and establishment of peace with the Algerines. FRIDAY, December 20. WILLIAM HINDMAN, from Maryland, and SAMUEL GRIFFIN, from Virginia, appeared, produced their credentials, and took their seats. CONTESTED ELECTION. [H. OF R. votes given, and if the major part of the votes be deemed sound, the fate of the election should not depend on the plurality of votes in such major part? Mr. LEE observed, that this last was the opinion of the committee, and they have stated facts according to this opinion, and finding a major part of the votes duly given and canvassed, and that J. E. Van Allen had a plurality of such major part, they have determined that he was duly returned to serve in the present Congress. A variety of objections were offered to the report of the Committee of Elections; that it did not contain so full a statement of facts as would warrant the Committee of the Whole in deciding on the merits on the election. Sundry allegations of the petition devolved inquiries on the part of the Committee which not only affected the purity of elections, but the privileges of the House, and their right to judge of the qualifications of its members. These inquiries might enable the Com The House went into Committee of the Whole on the report of the Committee of Elections re-mittee to determine the number of votes actually specting the election of Mr. J. E. Van Allen. The petition of Mr. Henry Van Rensselaer the two reports of the Committee of Elections, and the election law of the State of New York, were read by the Clerk. given, and the validity of those votes. That the act of the State of New York should be suffered to operate in this case so as to exclude from the House a knowledge of the full amount of the number of votes given, appeared very extraordinary. Mr. LEE stated a number of facts as connected The respective Houses of Congress possess excluwith this subject, and added the following ques-sively the right to judge of the qualifications of tions, viz: their own members. This right includes evident 1. Whether irregularities not deemed by the ly full power to ascertain with precision the actual law of New York sufficient to nullify the votes state of the polls. If the votes of the citizens freegiven shall be regarded by the House of Repre-ly and fairly given can, under any pretext whatsentatives as having that effect? None of the ir-ever, be suppressed, the essential rights of suffrage regularities (observed Mr. LEE) were regarded by are at an end. It was observed, that corruption the law of New York as sufficient to vitiate the in elections was the door at which corruption returns of votes made by the inspectors, who are would creep into the House; that it appeared to sworn officers, and subject to pains and penalties be admitted there had been irregularities in some for failure of duty. If the law of New York is to of the towns in the district in question; but it had be observed as a sovereign rule on this occasion, been made a question-not whether corruption the allegations do not state any facts so material generally should vitiate an election-but what as to require the interference of the House of Re-quantum should be sufficient for that purpose; so presentatives. that corruption was considered, in relation to an 2. Whether, setting aside this first principle, election, by weight or measure. The allegations mere irregularities not alleged to have proceeded of the petition were urged in support of these obfrom corruption, shall nullify the return of sworn jections. These stated sundry irregularities in reofficers; and whether the House of Representa-lation to the returns not corresponding with the tives ought to countenance and inquire into the mere implications of such serious crimes as perjury and corruption, or should require such charges to be expressly and specifically made? 3. Whether it is not an indispensable requisite to the existence of a Representative Government that at every election a choice should be made? 4. Whether, to insure such choice, it be not necessary that this principle should be established: that a majority of legal votes, legally given, should decide the issue of an election? 5. Whether, therefore, partial corruption should be deemed sufficient to nullify an election, or only sufficient to vitiate the votes given under such corruption, leaving the election to be decided by the sound votes, however few? 6. Whether, if partial corruption should be deemed sufficient to nullify an election, such corruption should not extend to the major part of the numbers of votes given in several towns; the boxes not being properly secured which conveyed the votes to the canvassing committee-one of which had been deposited in the House of the sitting member for a number of hours, &c. In support of the Committee of Election's report, it was observed, that the allegations in the petition showed that the principal support it rested on was, that the returning officers of some of the towns in the district from which the sitting member came had rejected a number of votes given in for the petitioner. It was shown, from the provisions of the election law of New York that these votes might have been legally rejected. The petition stated that numbers of persons had sworn that they had voted for the petitioner, whose votes, by the returns, it does not appear were counted. On this, it was observed, that the Committee did not consider this allegation of a nature proper to engage their attention. It was presumed that the House of Representatives would never institute an inquiry into such a species of evidence. It was extremely difficult for a man to swear that he had positively voted by ballot for a particular candidate, since it is well known that persons had, on such occasions, frequently put in a ballot for the person he had not intended to vote for. In the hurry and confusion which often take place, the ballots get shifted, and one is put in in lieu of another. To the objection to the law of the State of New York, drawn from the Constitution of the United States, it was replied, that the regulating the "time, place, and manner" of holding elections is expressly vested in the State Legislatures. These necessarily include a great variety of incidental circumstances, which must also be left to their discretion. Congress cannot enter into a consideration of the minutia of the elections. The different customs of the several States will not admit of one uniform system. With respect to the box which contained part of the votes having been deposited in the house of the sitting member, it was observed that no imputation was conveyed against him in the petition on that account. It did not appear that the number of votes it contained had been either increased or diminished: nor was there any charge against him of being accessory to any unfair practices in the election. The Committee had taken cognizance of every fact that had come into their possession, and the result was before the Committee of the Whole. It was further stated by one of the Committee of Elections, that the only question to be determined was, whether the irregularity of the votes in two towns, in a district consisting of ten towns, in case the votes of those two towns do not amount to a majority of the whole number of votes in the district, such irregularity shall vitiate the election of such district? Some observations were made by several gentlemen on the different modes of voting by ballot and viva voce. Mr. WATTS explained the process under the election law of New York, and stated the principles on which votes particularly circumstanced were rejected, and the accidents by which they were sometimes omitted in the general canvass. The Committee, on the whole, did not appear to be ripe for a decision. They, therefore, rose and reported progress, and, after rejecting a motion that the Committee of Elections should be instructed to report a state of the facts in their possession, (which several of the committee said they had already done,) the House adjourned, without coming to a vote on the report. MONDAY, December 23. ALEXANDER D. ORR, from Kentucky, appeared, produced his credentials, and took his seat in the House. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanied with estimates of the sums necessary to be appro [DECEMBER, 1793. priated for the service of the year one thousand seven hundred and ninety-four; which were read and ordered to lie on the table. The House resumed the reading of the communications from the Secretary of War, respecting the Southwestern frontiers, as connected with the Creeks and the State of Georgia, and the Southwestern Territory of the United States, and made a further progress therein. TUESDAY, December 24. The House resumed the consideration of the re port from the Standing Committee of Elections, to whom was referred the petition of Henry K. Van Rensselaer, of the State of New York, complaining of an undue election and return of John E. Van Allen, to serve as a member of this House, for the said State. Whereupon, The motion made on Friday last, to recommit the said report to the same committee, being revived, and the question put thereupon, it passed in the negative. And then the said report being again read, as follows: "That your committee have received from Lewis A. Scott, Secretary of the State of New York, a list of the number of votes given in each town in the counties of Rensselaer and Clinton, for John E. Van Allen and Henry K. Van Rensselaer, which list has been admitted by the said sitting member and petitioner to be a true and correct state of the ballots, estimated and canvass ed at the said election. in regard to Stephentown, viz: That the petitioner had "It appears to your committee, that the allegations a greater number in the said town than was returned to be estimated and canvassed,' even if proved, would not, consistently with the law of the State of New York, be sufficient to set aside the votes given at the election in the said town. "That even should the irregularities complained of, with respect to the elections of the towns of Hoosack and Rensselaerwyck, be sufficient to set aside the votes given in the said towns, still it appears that the said John E. Van Allen has a majority of the remaining votes of the district, composed of the county of Rensselaer and Clinton." Resolved, That this House doth disagree to the said report. Resolved, That the allegations of the petition do not state corruption, nor irregularities of sufficient magnitude, under the law of New York, to invalide the election and return of John E. Van Allen to serve as a member in this House, and that, therefore, the said John E. Van Allen is duly elected. The following Message was received from the PRESIDENT OF THE UNITED STATES: Gentlemen of the Senate, and of the House of Representatives : Since the communications which were made to you truce between Portugal and Algiers, some other papers on the affairs of the United States with Spain, and on the have been received, which, making a part of the same subjects, are now communicated for your information. G. WASHINGTON. UNITED STATES, December 23, 1793. |