begun previous to the late adjournment of Congress, fhall now be proceeded in, as if no adjournment had taken place," reported.

ORDERED, That the confideration of the Report be deferred until Monday next.

The Senate adjourned to Monday next at 11 o'clock.

MONDAY, January 25, 1790.

The SENATE affembled,

Prefent as on Friday.

Proceeded to confider the Report of the Joint Committee of the Senate and House of Representatives, appointed the 20th inft. to wit: "That the business unfinished between the two Houfes at the late adjournment, ought to be regarded, as if it had not been paffed upon by either,

And on motion, That the Report of the Committee be poftponed,It paffed in the Negative.

And проп the question to agree to the Report of the Committee,The Yeas and Nays being required by one fifth of the Senators

prefent,

And it was

So it paffed in the Affirmative:

RESOLVED, That the business unfinished between the two Houses at the late adjournment, ought to be regarded, as if it had not been paffed upon by either.

ORDERED, That a message be sent to the House of Representatives requesting their concurrence in this Refolve.

A meffage from the President of the United States, by his Secretary, was read:

UNITED STATES, January 25, 1790.

GENTLEMEN of the SENATE, and

HOUSE OF REPRESENTATIVES,

I HAVE received from his Excellency John E. Howard, Governor of the State of Maryland, An act of the Legislature of Maryland, to ratify certain articles in addition to, and amendment of the Conftitution of the United States of America, propofed by Congrefs to the Legislatures of the feveral States; and have directed my Secretary to lay a copy of the fame before you, together with the copy of a letter accompanying the above Act, from his Excellency the Governor of Maryland, to the Prefident of the United States.

THE originals will be depofited in the office of the Secretary of State.

G. WASHINGTON.

ORDERED, That the meffage from the President of the United States, together with the papers accompanying the fame, lie for confideration.

The Senate adjourned to 11 o'clock to-morrow morning.

TUESDAY, January 26, 1790.

ORDERED, That

The SENATE affembled,

Prefent as yesterday.

Mr. Ellsworth,

Mr. Johnson,

Mr. Strong,

Mr. Paterfon and

Mr. Hawkins, be a Committee to report

"A Bill defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment.”

A message from the House of Representatives:

"Mr. PRESIDent,

The House of Reprefentatives do agree with the Senate in their Refolution, that the bufinefs unfinished between the two Houses at the late adjournment, ought to be regarded as if it had not been passed upon by either."

"A Bill

Mr. Ellsworth, on behalf of the Committee, reported defining the crimes and offences that fhall be cognizable under the authority of the United States, and their punishment."

ORDERED, That this Bill have the FIRST reading at this time. ORDERED, That this Bill have the SECOND reading to-morrow.

The letter from Gaetan Dago di Domco was read.

ORDERED, That the above letter, and the paper accompanying it, be fent to the House of Reprefentatives.

The Senate adjourned to 11 o'clock to-morrow..

WEDNESDAY, January 27, 1790.

The SENATE affembled,
Prefent as yesterday.

Proceeded to the SECOND reading of the " Bill, defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment," and after progress,

ORDERED, That the farther confideration hereof be postponed until

to-morrow.

A meffage from the House of Representatives: "Mr. PRESIDENT,

"The House of Representatives have paffed an Act, for giving effect to the several acts therein mentioned, in refpect to the State of NorthCarolina."

ORDERED, That this Bill have the FIRST reading at this time. ORDERED, That this Bill have the SECOND reading to-morrow. The Senate adjourned to 11 o'clock to-morrow.

THURSDAY, January 28, 1790.

The SENATE affembled,

Prefent as yesterday.

Proceeded in the SECOND reading of the "Bill, defining the crimes and offences that shall be cognizable under the authority of the United States, and their punishment."

ORDERED, That the rules be fo far dispensed with, as that this Bill have the THIRD reading at this time.

On motion, That the FOURTH SECTION be amended to read as followeth

"That the court before whom any perfon fhall be convicted of the crime of murder, for which he or the shall be sentenced to fuffer death, may, at their discretion, add to the judgment, that the body of

E

fuch offender shall be delivered to a Surgeon for diffection; and the Marshal who is to caufe fuch fentence to be executed, shall accordingly deliver the body of fuch offender, after execution done, to fuch Surgeon as the court fhall direct for the purpose aforefaid: Provided, that fuch Surgeon, or fome other perfon by him appointed for the purpose, shall attend to receive, and take away the dead body at the time of the execution of such offender,"

It paffed in the Affirmative.

RESOLVED, That this Bill DO PASS as amended-That the title of the Bill be "An Act for the punishment of certain crimes against the United States,"-That it be engroffed and fent to the House of Representatives, for concurrence.

A message from the President of the United States, by his Secretary, was read:

UNITED STATES, January 28, 1790.

GENTLEMEN of the SENATE, and

HOUSE OF REPRESENTATIVES,

I HAVE directed my Secretary to lay before you the copy of an Act of the Legislature of Rhode-Island and Providence Plantations, entitled, "An Act for calling a convention, to take into confideration the Constitution proposed for the United States, paffed on the 17th day of September A. D. 1787, by the general convention held at Philadelphia," together with the copy of a letter accompanying faid act, from his Excellency John Collins, Governor of the State of RhodeIfland and Providence Plantations, to the President of the United States.

THE originals of the foregoing act and letter, will be depofited in the office of the Secretary of State.

G. WASHINGTON.

ORDERED, That the meffage, together with the papers accompanying it, lie for confideration.

The Senate proceeded to the SECOND reading of the Bill, entitled, "An Act for giving effect to the feveral acts therein mentioned,. in respect to the State of North-Carolina."

ORDERED, That this Bill be referred to a fpecial Committee, to confift of Mr. Hawkins,

On motion,

Mr. Ellsworth and
Mr. Butler.

ORDERED, That the letter from the Governor of Rhode-Island, of the 18th of January inftant, to the President of the United States, Requesting a further fufpenfion of the acts of Congrefs, subjecting the citizens of the State of Rhode-Island to the payment of foreign

66

tonnage, and foreign duties, during the pleasure of Congrefs,"-and communicated with the President's meffage this day, be referred to the fame Committee.

The Senate adjourned to 11 o'clock to-morrow.

FRIDAY, January 29, 1790.

The SENATE affembled,

Prefent as yesterday.

The Honorable Samuel Johnston, from the State of North-Carolina, appeared, produced his credentials, and took his feat in the Senate. The Vice President administered the oath to Mr. Johnston.

The engroffed Bill, entitled, " An Act for the punishment of certain crimes against the United States," was carried to the House of Reprefentatives for concurrence.

A letter from Samuel Meredith, Treasurer of the United States, to the Vice President, with his accounts to the first of January, 1790, were read.

ORDERED, That the faid letter and papers lie for confideration.

On motion, The Senators from the State of North-Carolina, proceeded to draw lots for their Claffes, in conformity to the refolve of Senate of May the 14th, 1789: And two lots, No. 2 and 3, being by the Secretary rolled up and put into the box,

Mr. Johnston drew LOT No. 2 :

whofe feat in the Senate fhall accordingly be vacated at the expiration of the FOURTH YEAR;

And Mr. Hawkins drew LOT No. 3:

whose feat in the Senate shall accordingly be vacated at the expiration of the SIXTH YEAR.

The Senate adjourned until 11 o'clock on Monday morning.

MONDAY, February 1, 1790.

The SENATE affembled,

Prefent as on the 29th January.

Mr. Johnston and Mr. Hawkins laid before the Senate an exemplified Copy of the act of the Legislature of North-Carolina, entitled, "An Act for the purpose of ceding to the United States of America, certain western lands therein described;" which being read, was ordered to lie for confideration.

Mr. Hawkins, on behalf of the Committee, appointed the 28th of January, upon the Bill entitled, " An Act for giving effect to the feveral acts therein mentioned, in refpect to the State of North-Carolina;' reported fundry amendments-which were accepted.