NAYS.-Messrs. Bradford, Cabot, Ellsworth, Foster, Frelinghuysen, Hawkins, Izard, King, Livermore, Mitch-ers in Paris, believing always that they were reimbursed ell, Morris, Potts, Strong, and Vining.

"Sworn to, and subscribed, January 22, 1794." "Nathaniel Cabot Higginson, Esq., being duly sworn, deposeth: That he does not know directly anything of Mr. Gallatin's being a foreigner or native; that he reOn motion to agree to the first paragraph of the collects knowing him by reputation and sight at Bosmotion so divided, it passed in the affirmative-ton, in one of the years 1781, 1782, or 1783, and that yeas 14, nays 12, as follows:

he was generally reputed to be a foreigner. This deponent believes that Mr. Gallatin then taught the French Mitch-language, and did not speak the English with facility; and further recollects that Mr. Gallatin was resident

SENATE.]

Proceedings.

That, last Winter, being a member of the Legislature of Pennsylvania, and previous to the election of Senator for the said State, at a meeting of a number of the members of the State Legislature, to agree upon a candidate to fill said office, I heard Mr. Gallatin say, when his name was proposed, As for my name, it is out of the question: I have not been a citizen long enough to entitle me to serve in that station.' That, at a second meeting for the same purpose, Mr. Gallatin was again proposed as a proper person for a candidate, and then the deponent understood (not from Mr. Gallatin, but from some of the members of Assembly then present,) that the doubt about his citizenship was then put to rights; and then it was almost unanimously agreed to put up Mr. Gallatin's name. That, on the morning succeeding Mr. Gallatin's election, the deponent heard it observed, that, notwithstanding Mr. Gallatin's election, he could not take his seat, in consequence of his declaration that he had not been long enough a citizen. That he, the same day, mentioned this to Mr. Gallatin, who said that he had made this declaration under a mistaken idea that it was necessary for him to have been nine years a citizen of Pennsylvania, but that, upon examining the Constitution, he had found that to have been nine years a citizen of the United States was sufficient, and that he had been above nine years a citizen of the United States, or words to that effect.

[FEBRUARY, 1794.

gentlemen usually feel upon having their names proposed upon such occasions, he did not pay much attention to it: and that his reason for forming this opinion was, his having frequently observed gentlemen to make excuses in similar situations, and from his knowledge of Mr. Gallatin's modesty of disposition. When being asked, whether he ever heard Mr. Gallatin say that he had not been a citizen of the United States nine years previous to his election, the deponent replies, he never did. Upon being asked by Mr. Lewis, counsel for the petitioners, what he had ever heard Mr. Gallatin say touching his citizenship, the deponent replies, that a considerable time subsequent to Mr. Gallatin's election, Mr. Gallatin, in conversations with the deponent, expressed an opinion, that he was qualified with respect to citizenship. What else did you ever hear Mr. Gallatin say with respect to his citizenship? The deponent answers, that he recollects having heard him say something with respect to the laws of Massachusetts not requiring an oath of allegiance, at the time of his giving his opinion as aforesaid. Did you ever hear Mr. Gallatin say he was born in Europe? The deponent replies, that he does not recollect Mr. Gallatin's saying that he was born in Europe, but that he has heard Mr. Gallatin speak of himself as a Genevan, mention his family in Ĝeneva, and in conversations with him hath always understood him to be of Geneva? Did you ever hear Mr. Gallatin mention the time of his coming into Pelatiah Webster, being duly qualified, testifies: America? He replies, that he thinks Mr. Gallatin, about That, eleven years ago last Summer, I let my house in a year past, mentioned that he had been then thirteen Philadelphia to Mary Lynn, who proposed to take lodg-years in this country, and that he was nineteen years ers; I reserved apartments for myself, and boarded with her. Soon after, Mr. Savery and Mr. Gallatin took lodgings of her, and continued a number of months there. Mr. Savery spoke no English; Mr. Gallatin spoke good English, and served as interpreter for him. They appeared to be well bred gentlemen, and their conduct was agreeable and conciliating; and they soon gained the esteem and respect of the family. I do not know that they ever declared their country, but we all supposed they were French, and, of course, the people, customs, and country of France, often made the topic of fireside chat. In one of these transient conversations, Mr. Gallatin took occasion to say that his knowledge of French affairs was not very perfect, for he was not a native of France, nor had ever resided long in that country, but was from Geneva. No one interesting circumstance made any further inquiry necessary, nor do I recollect that he made any more explication of the subject.

"Sworn to, and subscribed, January 22, 1794."

66

"N. B. Mr. Gallatin once said that his original name was not Gallatin, but I think he said it was Sidney, but this conversation was in drollery, and not in earnest, as I conceived at the time of speaking, from the manner and air of his speaking thereon.

"Sworn to, and subscribed, January 28, 1794." "Mr. John Smilie, member of the House of Representatives of the United States, being sworn, saith, that at a meeting of sundry members of the Legislature of Pennsylvania, previous to Mr. Gallatin's election as a Senator of the United States, that gentleman was mentioned as a proper person to fill the said office; at which time Mr. Gallatin started some doubt respecting his being qualified, but in what words the deponent does not recollect.

old when he came. Did you ever hear Mr. Gallatin say when or where he took the oath of allegiance? He replies, he heard Mr. Gallatin say that he took the oath of allegiance in Virginia, but, as to the time, the deponent cannot be precise, but he thinks, if he can recollect, that Mr. Gallatin did mention to him, though he cannot be certain; but it was not nine years before he was elected. That the deponent thinks Mr. Gallatin's doubts respecting his citizenship were founded on this ground, the witness referring in this part of his testimony to the meeting before mentioned, when these doubts were expressed; but he cannot specify the time of Mr. Gallatin's having mentioned to him the circumstance of his having taken the oath of allegiance.

"Sworn to, and subscribed, January 28, 1794." "Mr. Thomas Stokeley, being sworn, deposeth and saith, that, some few days before a Senator was chosen for the State of Pennsylvania, a meeting was had to fix on a proper person to represent the State in that office; sundry persons were started as candidates, among whom was Mr. Gallatin, who, upon his being named, observed that there were many other persons more proper to fill that office; and also observed, that there might be doubts as to his citizenship, though the deponent, from the length of time, and not expecting to have been called upon, retains too slight an impression of what then passed, to be able to recollect the words with precision. That, at a subsequent meeting for the same purpose, Mr. Gallatin was finally agreed to be nominated, and the deponent heard no objection stated thereto, either by Mr. Gallatin (who was present) or any other person.

"Sworn to, and subscribed, February 1, 1794."

"The before-recited evidence being introduced and That the deponent did not understand upon what closed on the part of the petitioners, Mr. Gallatin was the doubt was founded, though he thinks, from some- asked whether he had any testimony to produce on his thing said by Mr. Gallatin, that it related to Mr. Galla-part, to which he gave the following answer, in writing, tin's citizenship, for, as the deponent conceived the conversation proceeded from that kind of modesty which

to wit:

"The committee to whom the petition of Conrad

Laub, &c., was referred, having informed me that the petitioners had closed their evidence, and asked me whether I had any testimony to produce on my side;' I answer, that it appears to me that there is not sufficient matter charged in the petition, and proved by the testimony, to vacate my seat; that, by the resolution appointing the committee, the petition is referred to them to state the facts, without prejudice as to any questions which may, upon the hearing, be raised by the sitting member, as to the sufficiency of the parties and the matter charged in the petition; that, upon the hearing, and in the present stage of the same, the question as to the sufficiency of matter, as above stated, is raised by me; that I conceive, from the evident construction of the resolution, I have a right to have that question decided by the Senate; that, until the same shall have been decided, I do not wish to be at the trouble and expense of collecting evidence at a great distance; and, therefore, that at present, I do not mean to produce any testimony, reserving, however, to myself the right which I conceive I have to produce any testimony in my favor, after the said question shall have been decided by the Senate, in case it is decided against

me.

"ALBERT GALLATIN."

[SENATE.

By the same vote he was allowed a room in the College, the privilege of the Commons at the Tutor's table, the use of the Library, and also the right of having his pay (which depended on the voluntary subscription and attendance of the students) collected by the steward of the institution, together with the other charges against the students for board and education. Those terms he accepted, and remained in that station for the term of one year. In July, 1783, he removed to Pennsylvania, and in November of the same year proceeded to Virginia, in which State he had purchased more than one thousand acres of land, (and amounting to more than one hundred pounds Virginia currency in value,) some time between July and November, 1783. Between this last mentioned period and the month of October, 1785, he purchased other lands in the said State to a very large amount, and in the said last mentioned month he took an oath of allegiance to the said State. In December, 1785, he purchased the plantation in Fayette county in Pennsylvania, on which he has lived ever since. In October, 1789, he was elected member of the Convention to amend the Constitution of Pennsylvania, and in October, 1790, 1791, and 1792, he was elected member of the Legislature of the same State. On the 28th of February, 1793, he was chosen Senator to represent the said seat in December following."

“Which being duly read and considered, the Com-State in the Senate of the United States, and took his mittee came to the following resolution, to wit:

"Whereas the evidence on the part of the petitioners having beeen closed, and it appearing that Mr. Gallatin was an alien in the year 1780; and his answer, in writing, assigning reasons why he should not adduce evidence on his part in the present stage of the inquiry, not being, in the opinion of the Committee, sufficient.

"Resolved, That, in the opinion of the Committee, it is now incumbent on Mr. Gallatin to show that he has become a citizen of the United States, and when. "Which resolution being read to Mr. Gallatin, he informed the Committee he should rely on the answer he had before given.

"All which is respectfully submitted to the honorable Senate, by the Committee."

And subjoined is the statement of facts exhibited by Mr. GALLATIN, and agreed to between him and the counsel for the petitioners, as mentioned the 20th instant:

"Albert Gallatin was born at Geneva, on the 29th day of January, 1761. He left that place for the United States in April or May, 1780, arrived in Boston (Massachusetts) on the 14th or 15th July of the same year, and has ever since resided within the United States. In October, 1780, he removed from Boston to Machias in the Province of Maine, in which place and its neighborhood he resided one year, and commenced a settle ment on a tract of vacant land. During that time, he furnished, out of his own funds, supplies (amounting in value to more than sixty pounds Massachusetts currency) to Colonel John Allen, who was the commanding officer stationed there, and also Superintendent of Indian Affairs for the Eastern Department, for the use of the American troops, and on several occasions acted as

MONDAY, March 3.

The Communications referred to in the Message of the PRESIDENT OF THE UNITED STATES of the 26th of February, were in part read.

Ordered, That the further reading of them at this time be postponed.

The following Message was received from the
PRESIDENT OF THE UNITED STATES:
Gentlemen of the Senate, and

of the House of Representatives :

I transmit to you an extract from a Letter of Mr. Short, relative to our affairs with Spain; and copies of two Letters from our Minister at Lisbon, with their enclosures, containing intelligence from Algiers. The whole of these communications are made in confidence, except the passage in Mr. Short's Letter which respects the Spanish convoy. G. WASHINGTON.

UNITED STATES, March 3, 1794.

The Message and papers therein referred to were read.

Ordered, That they lie for consideration.

The petition of Peter Trezevant, of the State of South Carolina, was read, praying compensation for certain goods bought of Robert Farquhar, and stated to be for the use of the United States, though purchased by order and appropriated to the more immediate use of the State of Georgia. Ordered, That this petition lie on the table. whom was referred the bill sent from the House Mr. CABOT reported, from the committee to a volunteer under the same officer's command. For the said supplies, he received, one year after, a warrant on of Representatives for concurrence, entitled "An the Treasury of the State of Massachusetts, which he act for the remission of the duties arising on the sold at a considerable depreciation. In October, 1781, he tonnage of sundry French vessels which have returned to Boston; and in the Spring of 1782, was, by taken refuge in the ports of the United States," a vote of the Corporation of the University of Cam- that this bill pass the Senate; and the bill was bridge, (otherwise called Harvard College,) chosen in- read the second time; and, on motion, was read structor of the French language of the said University. I the third time and passed.

Mr. MARTIN, from the committee appointed on the 22d of February, to consider the Report of the Secretary for the Department of Treasury Resolved, That this bill pass as amended. respecting a light-house on Cape Hatteras, reOrdered, That the Secretary desire the conported a bill to erect a light-house on the head-currence of the House of Representatives in the land and Cape of Hatteras, and a lighted beacon amendments to this bill. on Ocracock Island, in the State of North Carolina; which was read the first time, and ordered to a second reading.

Ordered, That the Secretary purchase Black-in stone's Commentaries, and Vattel's Law of Nature and Nations, for the use of the Senate.