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SENATE.]

Proceedings.

3d. One claim for depreciation of pay, by a person who was not enlisted for three years, nor during

the war.

4th. Two claims for military services, by persons who do not specify the period in which they were performed.

5th. Three claims for pensions, by persons wounded in the service of the United States.

6th. One claim for services performed in the Quartermaster General's Department.

7th. Ten claims for pay and depreciation of pay, by persons employed in military services under the authority of the Commonwealth of Virginia.

That, upon each of these claims, the Legislature of the Commonwealth of Virginia have passed a resolution, referring some to the proper officer under the Federal Government having cognizance of such cases;' on others, it has only been resolved that they were reasonable;' on others, that they were reasonable, and that the Auditor of Public Accounts be directed to adjust their claims, and issue certificates therefor.' These last have probably been transmitted by mistake.

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[MARCH 3, 1791.

On motion that the papers reported on by the committee be withdrawn, it passed in the negative.

And, on motion, it was agreed that the report of the committee be accepted.

Mr. WINGATE reported from the committee appointed on the bill, entitled "An act for making compensation to the widows and orphan children of certain officers who were killed, or who died in the service of the United States, during the late war; and for the relief of certain invalids and other persons therein mentioned;" whereupon,

Resolved, That the further consideration of this. bill be postponed until the next session of Congress. The Senate resumed the second reading of the bill, entitled "An act supplementary to anact making provision for the reduction of the public debt," which was amended; and it was agreed, by unanimous consent, that this bill be

now read the third time.

That those in the first class are not entitled to depreciation by any act of the late Congress; that, if any pay is still due to them, that can only be adjust-informed the Senate that they agree to the amended at the proper office.

That the States having been authorized to settle the depreciation of such as were in service on the tenth of April, one thousand seven hundred and eighty, and who were engaged for three years, or during the war, those claims ought to have been adjusted by the State; and that an adjustment for pay can only be had at the proper office.

unfounded.

Resolved, That this bill pass with the amendments. A message from the House of Representatives ment of the Senate to their amendments on the bill sent from the Senate for concurrence, for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions; they agree to the resolution sent from the Senate for concurrence, amendment, to wit: insert, line 4, after such respecting the establishment of a mint, with an

The claim mentioned in the third class is totally
That those in the fourth class can only be adjust-principal;' expunge, line 5, and workmen.'

ed at the proper office.

That the claims of those in the fifth class are foreclosed by the act of the late Congress, That cases may, however, arise, in which an adherence to the foreclosing act would be improper. That, if the suggestion contained in the resolution, with respect to one of those, can be substantiated, legislative provision ought to be made on a proper application to Congress.

The claim in the sixth class can only be adjusted at the proper office.

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The claims in the seventh class ought to have been adjusted by the State of Virginia, and might have been a proper charge in its accounts with the United States, but cannot now be allowed by Congress.

That only thirteen of the thirty-seven claims are accompanied with any kind of vouchers, and these very deficient.

That it appears to your committee, if any person has a demand against the United States so circumstanced as that a legislative provision is requisite to obtain an adjustment, the claimant, his assignee, or legal representative, ought to prefer an immediate application to Congress. That a decision on a claim against the United States by the Legislature of any State tends to create embarrassments, and ought not to be countenanced by Congress.

That, therefore, it would be proper to permit the resolution of the Legislature of Virginia, of the 28th December last, with the particular resolutions and claims accompanying it, to be withdrawn.

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The House of Representatives recede from their disagreement to the amendment of the Senate to the bill sent from the House of Representatives for concurrence, for making compensations to the Commissioners of Loans for extraordináry expenses; they agree to the amendments of the Senate to the bill sent from the House of Representatives for concurrence, to continue in force, for a limited time, an act for the temporary establishment of the Post-office; and they also agree to the amendments of the Senate to the bill sent from the House of Representatives for concurrence, in addition to An act entitled An act for establishing the salaries of the Executive officers of Government, with their assistants and clerks.'

The Senate proceeded to consider the amendments of the House of Representatives to the resolution sent from the Senate for concurrence, relative to the establishment of a mint; and

Resolved, That the Senate agree to the amendments on the said resolution.

A message from the House of Representatives informed the Senate that they agree to the amendments of the Senate to the bill sent from the House of Representatives for concurrence, supplementary to the act making provision for the reduction of the public debt; and they agree to some, and disagree to other, amendments of the Senate to the bill sent from the House of

Proceedings.

MARCH 4, 1791.] Representatives for concurrence, providing compensations for the officers of the Judicial Courts of the United States, and for jurors and witnesses, and for other purposes.

The Senate proceeded to consider their amendments disagreed to by the House of Representatives to the bill last mentioned.

Resolved, That the Senate recede from the amendments disagreed to by the House of Representatives.

Mr. KING, from the committee appointed to take into consideration" the bill to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers," reported an amendment, which was adopted: whereupon, It was agreed, by unanimous consent, so far to dispense with the rule, as that this bill be now read the third time.

Resolved, That this bill pass, with the following amendments: At the end of the bill, add, Provided, That nothing in the said act shall be construed to limit or restrain the power of the President of the United States to grant pardons for offences against the United States.

Ordered, That the motion, made the first instant, respecting a treaty with the Wabash and Miami Indians, together with the motion for amendment, be postponed.

The Senate on Executive business. The Vice President notified the Senate that it was the request of the President of the United States, that they would assemble on the 4th day of March, instant, to transact some public business of importance.

The Senate took into consideration the report of the committee on the message of the President of the United States, of the 22d of February; whereupon, it was resolved as follows: Whereas, since the resolution of the Senate advising the President of the United States to take measures for the ransom of the American captives at Algiers, large appropriations of money have been made for the protection of the Western frontiers:

Resolved, That the Senate do advise and consent

that the President of the United States suspend any operation under the said resolution, for the ransom of the said captives, until the situation of the Treasury shall more clearly authorize appropriations of money for that purpose,

THURSDAY EVENING, March 3.

A message from the House of Representatives informed the Senate that they passed "a resolve making a temporary provision for the safe-keeping of prisoners committed under the authority of the United States;" in which they desire the concurrence of the Senate.

The Senate took into consideration "The resolve providing for the safe-keeping of prisoners committed under the authority of the United States;" sent from the House of Representatives for concurrence, and

[SENATE.

Resolved, That the Senate concur therein.

A message from the House of Representatives informed the Senate that they have passed a bill for carrying into effect the convention between His Most Christian Majesty and the United States; in which they desire the concurrence of the Senate.

The bill was read the first time.

On the question, Shall this bill pass to the second reading at this time?-the yeas and nays were required by one-fifth of the Senators present.

YEAS.-Messrs. Carroll, Dalton, Foster, Hawkins, Henry, Johnston, Izard, Langdon, Lee, Maclay, Monroe, Stanton, Strong.-13.

NAYS.-Messrs. Bassett, Ellsworth, Johnson, King, Morris, Schuyler.-6.

A message from the House of Representatives informed the Senate that they concur in the bill sent from the Senate, entitled "An act to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers."

A message from the House of Representatives informed the Senate that they, having completed the business before them, intend shortly to adjourn without day.

House of Representatives that the Senate, havOrdered, That the Secretary acquaint the ing completed the legislative business before them, are about to adjourn; and having acquainted the Vice President that he had delivered the message, The Senate adjourned without day.

EXECUTIVE JOURNAL.

FRIDAY, March 4.

The Senate assembled conformably to the summons from the President of the United States, of the first day of March, 1791, which was read by the Secretary of the Senate, as follows:

The President of the United States to the President of the Senate.

ing that the Senate should be convened on Friday, Certain matters touching the public good requir the 4th instant, I have desired their attendance, as I do yours by these presents, at the Senate Chamber in Philadelphia, on that day, then and there to receive and deliberate on such communications as shall be made to you on my part.

GEO. WASHINGTON.
PHILADELPHIA, March 1st, 1791.
SENATORS PRESENT:

From New Hampshire-JOHN LANGDON and, PAINE WINGATE.

From Rhode Island-JOSEPH STANTON, Jun.
From Connecticut-W. S. JOHNSON.
From New York-RUFUS KING.
From New Jersey-PHILEMON DICKINSON.
From Pennsylvania-ROBERT MORRIS.
From Delaware-RICHARD BASSETT.
From Maryland-JOHN HENRY.

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From Virginia-RICHARD H. LEE. From North Carolina-SAMUEL JOHNSTON and BENJAMIN HAWKINS.

From South Carolina-PIERCE BUTLER and RALPH IZARD.

From Georgia-JAMES GUNN.

The terms for which the following Senators were at first appointed having expired on the 3d instant, in consequence of the classing, conformably to the Constitution, agreed to on the 15th May, 1789, and 27th June, 1790, which classing appears at large on the Journal of the Legislative proceedings of the Senate of the last mentioned dates; and they being re-appointed by the States respectively annexed to their names:

THEODORE FOSTER, from the State of Rhode Island.

OLIVER ELLSWORTH, from the State of Connecticut.

GEORGE READ, from the State of Delaware. CHARLES CARROLL, from the State of Maryland; and

JAMES MONROE, from the State of Virginia, appeared in Senate, were respectively qualified, and took their seats.

Mr. CARROLL, a senator from the State of Maryland, having omitted to procure certified credentials, was, on his own declaration, and the testimony of his colleague, Mr. HENRY, qualified, and took his seat, engaging forthwith to return his credentials, formally authenticated. The Secretary of the Senate read the record of the Senate, in their Executive capacity, of March 3d, 1791.

Ordered, That the Secretary of the Senate wait on the President of the United States, and acquaint him that a quorum of the Senate is assembled, agreeably to his summons of the 2d instant, and that they are ready to receive his communications.

The Secretary of the Senate having communicated the message, two written messages from the President of the United States were delivered to the Vice President.

The first message is as follows:

UNITED STATES, March 4, 1791. Gentlemen of the Senate:

The act for the admission of the State of Vermont into this Union, having fixed on this as the day of its admission, it was thought that this would also be the first day on which any officer of the Union might legally perform any act of authority relating to that State. I therefore required your attendance to receive nominations of the several officers necessary to put the Federal Government into motion in that State.

For this purpose I nominate

Nathaniel Chipman, to be Judge of the District of Vermont.

Stephen Jacobs, to be Attorney for the United States, in the District of Vermont.

Lewis R. Morris, to be Marshal of the District of Vermont; and

Stephen Keyes, to be Collector of the port Allburg, in the State of Vermont.

GEO. WASHINGTON.

of

[MARCH 4, 1791.

The other message is subjoined.

UNITED STATES, 4th March, 1791.

Gentlemen of the Senate:

Pursuant to the powers vested in me by the act entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same;" I have thought fit to divide the United States into the following districts, namely:

The District of New Hampshire, to consist of the State of New Hampshire.

The District of Massachusetts, to consist of the State of Massachusetts.

The District of Rhode Island and Providence Plantations, to consist of the State of Rhode Island and Providence Plantations.

The District of Connecticut, to consist of the State of Connecticut.

The District of Vermont, to consist of the State of Vermont.

The District of New York, to consist of the State of New York.

The District of New Jersey, to consist of the State of New Jersey.

The District of Pennsylvania, to consist of the State of Pennsylvania.

The District of Delaware, to consist of the State of Delaware.

The District of Maryland, to consist of the State of Maryland.

The District of Virginia, to consist of the State of Virginia.

The District of North Carolina, to consist of the
State of North Carolina.

State of South Carolina; and
The District of South Carolina, to consist of the

The District of Georgia, to consist of the State of
Georgia.

And I hereby nominate, as Supervisors of the said districts, respectively, the following persons, viz. For the District of New Hampshire, Joshua Wentworth.

For the District of Massachusetts, Nathaniel Gorham.

For the District of Rhode Island and Providence
Plantations, John S. Dexter.

For the District of Connecticut, John Chester.
For the District of Vermont, Noah Smith.
For the District of New York, William S. Smith.
For the District of New Jersey, Aaron Dunham.
For the District of Pennsylvania, George Clymer.
For the District of Delaware, Henry Latimer.
For the District of Maryland, George Gale.
For the District of Virginia, Edward Carrington.
For the District of North Carolina, William Polk.
For the District of South Carolina, Daniel Stevens.
For the District of Georgia, John Matthews.

GEO. WASHINGTON. Ordered, That the rule be so far dispensed with, as that the Senate proceed at this time to the consideration of the message of the President of the United States, and the nominations therein contained, of Nathaniel Chipman, to be Judge of the District of Vermont; Stephen Jacobs, to be Attorney for the United States,

MARCH 4, 1791.]

Proceedings.

in the District of Vermont; Lewis R. Morris, to be Marshal of the District of Vermont; and Stephen Keyes, to be Collector of the port of Allburg, in the State of Vermont. Whereupon, Resolved, That the Senate do advise and consent to these appointments, agreeably to the respective nominations.

Appointments.

[SENATE.

Ensigns.-Daniel Britt, Pennsylvania; Hamilton Armstrong, do.; Bartholomew Shomburg, promoted from Serjeant Major; Bernard Gaines, Virginia; John Wade, Pennsylvania; Ross Bird, do.

SECOND REGIMENT.

Appointments.

Lieutenant Colonel Commandant, John Doughty, New Jersey; 1. Major, Lemuel Trescott, Massachusetts; 2. Major, John Burnham, do.; 3. Major Jo

Ordered, That the rule be so far dispensed with as that the Senate proceed at this time to the consideration of the message of the Presi-nathan Heart, Connecticut. dent of the United States, and the nominations therein contained of Supervisors of the several districts within the United States, as divided conformably to the powers by law vested in the President of the United States.

All the nominations to these offices were cordingly consented to.

The second message was as follows:

UNITED STATES, 4th March, 1791. Gentlemen of the Senate:

Captains.-1.Robert Kirkwood, Delaware; 2. Thomas Hunt, Massachusetts; 3. John Mills, do.; 4. John Pray, do.; 5. Richard Brooke Roberts, South Carolina; 6. John H. Buell, Connecticut; 7. David Sayles, Rhode Island; 8. Jonathan Cass, New Hampac-shire; 9. Constant Freeman, Massachusetts; 10. Patrick Phelon, do.; 11. Thomas H. Cushing, do.; 12. Joseph Shaylor, Connecticut.

Lieutenants-1. Samuel Newman, Massachusetts; 2. Bezaleel Howe, New Hampshire; 3. Henry SherIn pursuance of an act, entitled "An act for rais- man, Jun., Rhode Island; 4. Daniel Bradley, Coning and adding another regiment to the Military Esta- necticut; 5. John Platt, Delaware; 6. William Rickblishment of the United States, and making further ard, Massachusetts; 7. Richard Surcomb Howe, do.; provision for the protection of the frontiers," I no8. Richard Humphrey Greaton, do.; 9. John Higminate for the following offices therein mentioned:-ginson, do.; 10. Winslow Warren, do.; 11. Russel Major General, Arthur St. Clair; Quartermaster, Bissell, Connecticut; 12. Francis Huger, South CaSamuel Hodgdon; Chaplain, John Hurt.

GEO. WASHINGTON.

Ordered, That the rule be so far dispensed with, as that the Senate proceed at the present time to the consideration of the message of the President of the United States of this date, and the nominations therein contained:-of Arthur St. Clair, to be a Major General; of Samuel Hodgdon, to be Quartermaster; of John Hurt, to be Chaplain;-in pursuance of the act above mentioned in the message of the President of the United States; and

Resolved, That the Senate do advise and consent to these appointments, agreeably to the respective nominations.

Ordered, That the Secretary of the Senate obtain from the Secretary of War a list of the officers of the army of the United States now in commission.

The list above mentioned was laid before

the Senate.

The Senate proceeded to consider the military nominations made in pursuance of the law referred to in the message of the President of the United States, of the 3d instant, and thereto annexed, of nominations for promotions and appointments:

FIRST REGIMENT.

Major David Zeigler, vice Wyllys, killed; Major Richard Call, vice Parker, declined, Virginia. Captains.-Thomas Doyle, vice Zeigler, promoted; John Armstrong, vice Mercer, resigned; John Pratt, vice Heart, promoted.

Lieutenants.-Cornelius Sedan, vice Doyle, promoted; John Jeffers, vice Frothingham, killed; Abner Pryor, vice Armstrong, promoted; Asa Hartshorne, vice Heart, promoted; Thomas Seayres, vice Steele, declined.

rolina.

Ensigns.-1. Martin Brimmer Sohier, Massachusetts; 2. Richard Edwards, do.; 3. Edward Miller, Connecticut; 4. John Thompson, do.; 5. George Tillinghast, Rhode Island; 6. Joseph Smith Gilman, New Hampshire; 7. Joseph Pierce, Jun., do.; 8. David Cobb. Jun., Massachusetts; 9. Joseph Dickinson, South Carolina; 10. Thomas Duff, Delaware; 11. Edward Turner, Massachusetts; 12. Theodore Sedgwick, 3d. do.; Surgeon, William Eustice, Massachusetts; Surgeon's Mate, Joshua Sumner, Connecticut; Surgeon's Mate, John F. Carmichael, New Jersey.

THE BATTALION OF ARTILLERY.

Major Commandant.-William Ferguson, vice
Doughty, promoted.

Captain.-Mahlon Ford, vice Ferguson, promoted.
Lieutenants.-Daniel McLane, vice Moor, dead;

Abimael Youngs Nicholl, vice Fowle, dead; George
Ingersoll, vice Ford, promoted.

the appointments, agreeably to the respective no-
minations annexed to the said message.

Resolved, That the Senate advise and consent to

A letter was read from SAMUEL W. JOHNSON, resigning his seat in the Senate of the United States.

Ordered, That the Vice President be requested to acquaint the Governor of the State of Connecticut that SAMUEL WILLIAM JOHNSON, a senator of the United States from that State, has resigned his seat in the Senate.

Ordered, That the Secretary of the Senate wait on the President of the United States, and acquaint him that the Senate, having finished the business before them, are ready to adjourn.

The President of the United States directed the Secretary of the Senate to acquaint them that he had no further communications to make at this time. Whereupon, the Senate adjourned without day.

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