Marshall, Martin, Paine, Potts, Read, Ross, Rutherfurd, Strong, and Trumbull. And, after progress in the consideration of the treaty, The Senate adjourned to 10 o'clock on Monday morning. MONDAY, JUNE 15, 1795. The honorable John Vining, from the State of Delaware, attended. The Senate resumed the consideration of the treaty, communicated by the President of the United States, with his message of the 8th instant, and, after progress, The Senate adjourned to 11 o'clock to-morrow morning. TUESDAY, JUNE 16, 1795. The Senate resumed the consideration of the treaty communicated by the President of the United States, with his message of the 8th instant; and, On motion, It was agreed to refer the 12th article to the future discussion of the Senate; and, after progress in the consideration of the 13th article, The Senate adjourned to 11 o'clock to-morrow morning. WEDNESDAY, JUNE 17, 1795. The Senate resumed the consideration of the treaty, communicated with the message of the President of the United States, of the 8th instant, and after discussion on the remaining articles, a motion was made and seconded, that it be Resolved, (two-thirds of the Senate concurring therein,) "That they do consent to, and advise the President of the United States, to ratify the treaty of Amity, Commerce, and Navigation, between his Britannic Majesty and the United States of America, concluded at London, the 19th day of November, 1794, on condition that there be added to the said treaty an article whereby it shall be agreed to suspend the operation of so much of the 12th article as respects the trade which his said Majesty thereby consents may be carried on between the United States and his islands in the West Indies, in the manner, and on the terms and conditions therein specified. "And the Senate recommend to the President, to proceed without delay, to further friendly negotiations with his Majesty, on the subject of the said trade, and of the terms and conditions in question." On motion, It was agreed, that this motion lie for consideration, until to-morrow. THURSDAY, JUNE 18, 1795. The Senate assembled; and, on motion to adjourn until Monday next, Those who voted in the affirmative, are-Messrs. Bloodworth, Brown, Burr, Butler, Jackson, Langdon, Martin, Mason, Robinson, and Tazewell. Those who voted in the negative, are-Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Henry, King, Latimer, Livermore, Marshall, Paine, Potts, Read, Rutherfurd, Strong, Trumbull, and Vining. Whereupon the discussion of the 12th article of the treaty was renewed, and, after debate, The Senate adjourned to 11 o'clock to-morrow morning. FRIDAY, JUNE 19, 1795. The Senate assembled. On motion, Resolved, That the President of the United States be requested to cause to be laid before the Senate the reports of John Jay while in the office of Foreign Affairs, the correspondence between the Commander in Chief of the American Army with Sir Guy Carleton, on the subject of the 7th article of the treaty of Peace with Great Britain, and also Mitchel's map of North America. Ordered, That the Secretary lay this resolution before the President of the United States. The Senate adjourned to 11 o'clock to-morrow morning. SATURDAY, JUNE 20, 1795. The Senate resumed the consideration of the motion, made on the 17th, respecting the 12th article of the treaty communicated with the message of the President of the United States, of the 8th instant. The Vice-President laid before the Senate a letter from the Secretary of the Department of State, by order of the President of the United States, with the following documents requested yesterday. Three volumes of the reports of Mr. Jay while Secretary of Foreign Affairs, A printed copy of the official papers laid before Congress by the message of 5th December, 1793, and a translation of Mitchel's map of the United States. The Senate adjourned to 11 o'clock on Monday morning. MONDAY, JUNE 22, 1795. The Vice-President laid before the Senate a letter from the Secretary for the Department of State, with a "list of the negroes, to which the correspondence between the Commander in Chief of the American Army and Sir Guy Carleton relates;" which was read, and, with the document referred to, ordered to lie on the table. The Senate resumed the consideration of the motion, made on the 17th instant, on the 12th article of the treaty communicated with the message of the President of the United States, of the 8th instant, and a motion was made by Mr. Burr to postpone this motion, and to agree to the following resolution: "That the further consideration of the treaty concluded at London, the 19th of November, 1794, be postponed, and that it be recommended to the President of the United States, to proceed without delay to further friendly negotiations with his Britannic Majesty, in order to effect alterations in the said treaty, in the following particulars: "That the 9th 10th, and 24th articles, and so much of the 25th as relates to the shelter or refuge to be given to the armed vessels of States or Sovereigns at war with either party, be expunged. "2d art. That no privilege or right be allowed to the settlers or traders mentioned in the 2d article, other than those which are secured to them by the treaty of 1783, and existing laws. "3d art. That the third article be expunged, or be so modified that the eitizens of the United States may have the use of all rivers, ports and places within the territories of His Britannic Majesty in North America, in the same manner as his subjects may have of those of the United States. "6th art. That the value of the negroes and other property carried away, contrary to the 7th article of the treaty of 1783, and the loss and damage sustained by the United States by the detention of the posts, be paid for by the British government; the amount to be ascertained by the Commissioners who may be appointed to liquidate the claims of the British creditors. 12th art. That what relates to the West India trade, and the provisos and conditions thereof, in the 12th article, be expunged, or be rendered much more favorable to the United States, and without any restraint on the exportation, in vessels of the United States, of any articles, not the growth, produce, or manufacture of the said islands of his Britannic Majesty. "15th art. That no clause be admitted which may restrain the United States from reciprocating benefits by discriminating between foreign nations in their commercial arrangements, or prevent them from increasing the tonnage or other duties on British vessels, on terms of reciprocity, or in a stipulated ratio. 21st art. That the subjects or citizens of either party, be not restrained from accepting commissions in the army or navy of any foreign power." And, after debate, The Senate adjourned to 11 o'clock to-morrow morning. TUESDAY, JUNE 23, 1795. The Senate resumed the consideration of the 22d, for the postponement of the motion of the 17th instant, on the 12th article of the treaty communicated with the message of the President of the United States, of the 8th instant. And, after debate, the yeas and nays being required by one-fifth of the Senators present, It passed in the negative, Yeas,. Nays, Those who voted in the affirmative, are-Messrs. Bloodworth, Brown,Burr, Bulter, Jackson, Langdon, Martin, Mason, Robinson, and Tazewell. Those who voted in the negative, are-Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Henry, King, Latimer, Livermore, Marshall, Paine, Potts, Read, Ross, Rutherfurd, Strong, Trumbull, and Vining. The Senate adjourned to 11 o'clock to-morrow morning. WEDNESDAY, JUNE 24, 1795. The Senate resumed the consideration of the motion made on the 17th instant, respecting the 12th article of the treaty communicated with the message of the President of the United States, of the 8th instant; and A motion was made by Mr. Read, seconded by Mr. Butler, to amend the motion after the word "specified," as follows: "And also for obtaining adequate compensation for the negroes, or other. property of the American inhabitants, carried off from the United States, in violation of the definitive treaty of peace and friendship, between his said Majesty and the United States, signed at Paris, the 3d day of Sept. 1783." And, after deliberation, it was agreed that the honorable mover have leave to withdraw the motion, in order to introduce a motion drawn up with more consideration on the same subject. Whereupon, The motion was renewed by Mr. Brown, seconded by Mr. Jackson; and, on the question to agree thereto, The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Bloodworth, Brown, Burr, Butler, Jackson, Langdon, Marshall, Martin, Mason, Read, Robinson, and Tazewell. Those who voted in the negative, are-Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, King, Livermore, Paine, Potts, Ross, Rutherfurd, Strong, and Trumbull. A motion was made to postpone the motion before the Senate, for the purpose of taking into consideration the following motion, to wit: That the President of the United States be informed that the Senate will not consent to the ratification of the treaty of amity, commerce, and navigation, between the United States and his Britannic Majesty, concluded at London on the 19th November, 1794, for the reasons following: "1st. Because so much of the treaty as was intended to terminate the complaints flowing from the inexecution of the treaty of 1783, contains stipulations that were not rightfully or justly requirable of the United States, and which are both impolitic and injurious to their interests; and because the treaty hath not secured that satisfaction from the British government, for the removal of negroes in violation of the treaty of 1783, to which the citizens of the United States were justly entitled. "2d. Because the rights of individual States, are, by the ninth article of the treaty, unconstitutionally invaded. "3d. Because, however impolitic or unjust it may generally be to exercise the power prohibited by the tenth article, yet it rests on legislative discretion, and ought not to be prohibited by treaty. "4th. Because so much of the treaty as relates to commercial arrangements between the parties, wants that reciprocity upon which alone such like arrangements ought to be founded, and will operate ruinously to the American commerce and navigation. 5th. Because the treaty prevents the United States from the exercise of that control over their commerce and navigation, as connected with other nations, which might better the condition of their intercourse with friendly nations. 6th. Because the treaty asserts a power in the President and Senate, to control, and even annihilate the constitutional right of the Congress of the United States over their commercial intercourse with foreign nations. "7th. Because, if the construction of this treaty should not produce an infraction of the treaties now subsisting between the United States and their allies, it is calculated to excite sensations which may not operate beneficially to the United States. Notwithstanding the Senate will not consent to the ratification of this treaty, they advise the President of the United States to continue his endeavors, by friendly discussion with his Britannic Majesty, to adjust all the real causes of complaint between the two nations." Whereupon, On motion, it was agreed to divide this last motion as follows, to wit: "That the motion of the 17th, now before the Senate, be postponed;" and 10, It passed in the negative, SYeas 19. The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Bloodworth, Brown, Burr, Butler, Jackson, Langdon, Martin, Mason, Robinson, and Tazewell. Those who voted in the negative, are-Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, King, Latimer, Livermore, Marshall, Paine, Potts, Read, Ross, Rutherfurd, Strong, Trumbull, and Vining. Whereupon, a motion was made to divide the original motion, made on the 17th instant, and now before the Senate, so as to adopt the first paragraph thereof, ending with the word "specified;" and It passed in the affirmative.edu Nays The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Bingham, Bradford, Cabott, Ellsworth, Foster, Frelinghuysen, Gunn, Henry, King, Latimer, Livermore, Marshall, Paine, Potts, Read, Ross, Rutherfurd, Strong, Trumbull, and Vining. Those who voted in the negative, are-Messrs. Bloodworth, Brown, Burr, Butler, Jackson, Langdon, Martin, Mason, Robinson, and Tazewell. On motion to adopt the last paragraph of the said original motion, It passed in the affirmative. The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are-Messrs. Bingham, Bloodworth, Bradford, Brown, Burr, Butler, Cabot, Ellsworth, Foster, Frelinghuysen, Gunn, Henry, Jackson, King, Langdon, Latimer, Livermore, Marshall, Martin, Mason, Paine, Potts, Read, Robinson, Ross, Rutherfurd, Strong, Tazewell, Trumbull, and Vining. So.this paragraph was unanimously agreed to; and it was Resolved, (two-thirds of the Senate concurring therein,) That they do consent to, and advise the President of the United States, to ratify the treaty of amity, commerce, and navigation, between his Britannic Majesty and the United States of America, concluded at London, the 19th day of November, 1794, on condition that there be added to the said treaty an article, whereby it shall be agreed to suspend the operation of so much of the 12th article, as respects the trade which his said Majesty thereby consents may be carried on, between the United States and his islands in the West Indies, in the manner, and on the terms and conditions therein specified. And the Senate recommend to the President to proceed, without delay, to further friendly negotiations with his Majesty, on the subject of the said trade, and of the terms and conditions in question. |