House and read, praying compensation for services rendered as Surgeons in the General Hospital of the United States, during the late war. Ordered, That the said petition do lie on the table. The Speaker laid before the House a letter from the Secretary of State, accompanying his report on the petition of Jacob Isaacs; which was read, and ordered to lie on the table. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the report of the Standing Committee of Elections, to whom was referred the letter from the Executive of the State of Maryland, containing the resignation of William Pinkney, a member returned to serve in this House, for the said State; and also a certificate of the election of John Francis Mercer, in the room of the said William Pinkney; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, had the said report under consideration, and made some progress therein. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said report. The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the bill apportioning the representation of the People of the United States, according to the first enumeration; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, again had the said bill under consideration, and made several amendments thereto; which he delivered in at the Clerk's table. Ordered, That the consideration of said amendments be postponed until to-morrow. WEDNESDAY, NOVEMBER 23. The Speaker laid before the House a letter from the Secretary of War, covering his report on the petitions and cases, respectively, of the widows, or legal representatives, of William Bond, Wadleigh Noyes, Bernard Elliott, Samuel Wise, Benjamin Huger, John Bush, Charles Motte, and Richard Shubrick, officers who were slain, or who died in the service of the United States, during the late war; which report was read, and ordered to be referred to the committee appointed to prepare and bring in a bill or bills for making compensation to widows, orphans, and invalids, in certain cases, with instruction to insert a clause or clauses pursuant thereto. The petitions of Peter Huber and James Pettigrew were presented to the House and read, respectively praying the renewal of certain continental certificates, the pro perty of the petitioners, which have been lost or destroyed. Ordered, That the said petitions be referred to the Secretary of the Treasury, with instruction to examine the same, and report his opinion thereupon to the House. The petitions of John Blake and Michael Rapp were presented to the House and read, respectively praying compensation for advances made, or supplies furnished in the service of the United States, during the late war. Also, A petition of Paul Weyandt, of the State of Pennsylvania, praying that he may receive the pay and other emoluments due to his son, Jacob Weyandt, late a Lieutenant, and who died in the service of the United States, without issue, during the late war. Also, A petition of Juliana Shulz and Philip Zeiber, executors of the late George Shulz, deceased, praying to be allowed the rent of a certain tenement, the property of their testator, which was appropriated to the use of the Medical Department, during the late war. Ordered, That the said petitions do lie on the table. A memorial of the People called Quakers, in the State of Virginia, was presented to the House and read, stating their objections to certain provisions of a bill now depending, entitled "A bill more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States." Ordered, That the said memorial be referred to the Committee of the Whole House on the bill more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States. The House proceeded to consider the amendments reported yesterday by the Committee of the Whole House to the bill apportioning the representation of the People of the United States, according to the first enumeration: Whereupon, the first amendpent being under consideration in the words following, to wit: 460 JOURNAL OF THE HOUSE "Section first, line second, strike out from the word "That," to the end of the se- "From and after the third day of March, one thousand seven hundred and ninety three, and until otherwise provided for by law, agreeable to the Constitution of the United States, the House of Representatives shall be composed of members who shall have been chosen by the People of the several States, in the proportion of one Representative for every thirty thousand persons, computed according to the rule prescribed by the Constitution of the United States; that is to say, from the State of New Hampshire, four; the State of Massachusetts, fifteen; the State of Connecticut, seven; the State of Rhode Island, two; the State of Vermont, two; the State of New York, eleven; the State of New Jersey, five; the State of Pennsylvania, fourteen; the State of Delaware, one; the State of Maryland, nine; the State of Virginia, twenty-one; the State of Kentucky, two; the State of North Carolina, eleven; and the State of Geor gia, two members:" A motion was made, and the question being put, to amend the said amendment, by inserting between the words "thirty" and thousand, in the fifth line, the word "four" It passed in the negative, Yeas... 21, 38. The yeas and nays being demanded by one-fifth of the members present, Those who voted in the affirmative, are, Fisher Ames, John Baptist Ashe, Benjamin Bourne, Jonathan Dayton, Nicholas Gilman, Benjamin Goodhue, James Hillhouse, Aaron Kitchell, Those who voted in the negative, are, Samuel Livermore, Nathaniel Niles, Jonathan Sturges, George Thatcher, and Abraham Baldwin, Egbert Benson, John Brown, William Findley, Elbridge Gerry, William B. Giles, James Gordon, Andrew Gregg, Daniel Heister, Daniel Huger, Israel Jacobs, John W. Kittera, John Laurance, Amasa Learned, Anthony Wayne, Jeremiah Wadsworth, Alexander White, Hugh Williamson, and I Richard Bland Lee, Nathaniel Macon, Francis Willis. And then the main question being put, to agree to the said amendment, as reported, The second amendment, in the words following, to wit: "Section third, line first, strike out from the word "That," to the end of the bill, and insert, "The President of the United States, as soon as the Marshal of the State of South Carolina shall have transmitted to him returns pursuant to the provisions by law for an enumeration of the inhabitants of the United States, shall cause the Executive of the said State to be notified of the number of Representatives to be elected within the said State, according to the proportion aforesaid," being read, was, on the question put thereupon, agreed to by the House. Ordered, That the said bill, with the amendments, be engrossed, and read the third time to-morrow. The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the report of the Standing Committee of Elections, to whom was referred the letter from the Executive of the State of Maryland, containing the resignation of William Pinkney, a member returned to serve in this House for the said State; and also a certificate of the election of John Francis Mercer, in the room of the said William Pinkney; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, again had the said report under consideration, and made an amendment thereto; which he delivered in at the Clerk's table, where the said report and amendment were twice read, and agreed to by the House, as followeth : "It appears that, at an election held for the State of Maryland, on the first day of October, one thousand seven hundred and ninety, William Pinkney was duly elected a Representative for that State, to serve in the House of Representatives of the United States: That the certificate of his election has been duly transmitted by the Executive thereof, and heretofore so reported by your committee: That, by letter dated the twenty-sixth of September, one thousand seven hundred and ninety-one, directed to the Governor and Council of that State, William Pinkney resigned that appointment; and that, in consequence of such resignation, the Executive issued a writ for an election, to supply the vacancy thereby occasioned, and have certified that John Francis Mercer was duly elected, by virtue of that writ, in pursuance of the law of the State of Maryland in that case provided. Resolved, That it is the opinion of this committee that John Francis Mercer is entitled to take a seat in this House, as one of the Representatives for the State of Maryland, in the stead of William Pinkney. The several orders of the day were further postponed until to-morrow. THURSDAY, NOVEMBER 23. A petition of Jacob Brandt was presented to the House and read, praying relief in consideration of a wound received in the Navy of the United States, during the late war. Also, A petition of Catharine Schreinmaker, praying to receive certain arrears of pay and depreciation which were due to her deceased husband, Francis Schreinmaker, for services as a serjeant-major in the late Army of the United States. Also, A petition of Margaret Sweyer, administratrix of her husband, Henry Allis, deceas ed, late a captain in the Army of the United States, praying to be reimbursed certain advances made by the deceased, in the service of the United States, during the late war; and, also, that the half pay and other emoluments of the commission of the said deceased may be extended to her, and the orphan children of the said Henry Allis. Ordered, That the said petitions be referred to the Secretary of War, with instruction to examine the same, and report his opinion thereupon to the House. A petition of Beverly Winslow and Joseph Hawkins was presented to the House and read, praying to be reimbursed for sundry advances made and supplies furnished the Convention troops and guards, at the barracks at Albemarle, in the State of Virginia, during the late war. Also, A petition of William Arnold, praying the renewal of a Loan Office certificate, the property of the petitioner, which was destroyed by fire. Ordered, That the said petitions be referred to the Secretary of the Treasury, with instruction to examine the same, and report his opinion thereupon to the House. A petition of Kendrick Doyer, Geneva distiller, in the city of New York, was presented to the House and read, praying that the act, passed at the last session, imposing a duty on distilled spirits, may be so modified and amended, that the duty on Geneva, imported from abroad, may be augmented, and the duty on the said article, distilled within the United States, reduced. Ordered, That the said petition be referred to the Secretary of the Treasury for his information. Mr. Dayton, from the committee appointed, presented, according to order, a bill to extend the time limited for the settlement of the accounts of the United States with the individual States; which was received, and read the first time. On motion, The said bill was read the second time, and ordered to be committed to a Committee of the Whole House on Tuesday next. Mr. White, from the committee appointed, presented, according to order, a bill to regulate trade and intercourse with the Indian tribes; which was received, and read the first time. On motion, The said bill was read the second time, and ordered to be committed to a Committee of the Whole House on Monday next. An engrossed bill apportioning the representation of the People of the United States, according to the first enumeration, was read the third time, and the question being put, that the said bill do pass, It was resolved in the affirmative, Yeas ..... 43, .. 12. The yeas and nays being demanded by one-fifth of the members present, Those who voted in the affirmative, are, Resolved, That the title of the said bill be, "An act apportioning Representatives among the People of the several States, according to the first enumeration." Ordered, That the Clerk of this House do carry the said bill to the Senate, and desire their concurrence. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the report of the committee to whom was referred the petition of James Jackson, complaining of an undue election and return of Anthony Wayne, a Member returned to serve in this House, from the State of Georgia; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, had the said report under consideration, and made some progress therein. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said report. The several orders of the day were further postponed until to-morrow. FRIDAY, NOVEMBER 25. Another member, to wit: Philip Key, from Maryland, appeared, produced his credentials, and took his seat in the House; the oath to support the Constitution of the United States, being administered to him by Mr. Speaker, according to law. Mr. Wadsworth, from the committee appointed, presented, according to order, a bill for making compensation to widows, orphans, and invalids, in certain cases; which was received, and read the first time. On motion, The said bill was read the second time, and ordered to be committed to a Committee of the Whole House on Monday next. Mr. Wadsworth, from the committee appointed to prepare and bring in a bill or bills for making compensation to widows, orphans, and invalids, in certain cases, presented, according to order, a bill for the relief of David Cook; which was received, and read the first time. A petition of William Dolby was presented to the House and read, praying relief in consideration of a wound received in the service of the United States, during the late war, which has rendered him unable to obtain a livelihood by labor. Also, A petition of Alice Weir, late relict of lieutenant Samuel Kenny, deceased, praying to receive the pay and other emoluments due to her said husband, who died in the service of the United States, during the late war. Also, A memorial of John Elliott and Abner Prior, praying a farther compensation for their services as surgeons-mates in the late Army of the United States. Ordered, That the said petitions and memorial be referred to the Secretary of War, with instruction to examine the same, and report his opinion thereupon to the House. The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the report of the committee to whom was referred the petition of James Jackson, complaining of an undue election and return of Anthony Wayne, one of the Members returned to serve in this House, for the State of Georgia; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Muhlenberg reported that the committee had, according to order, again had the said report under consideration, and made several amendments thereto; which he delivered in at the Clerk's table, where the same being read, some were agreed to, and others disagreed to. The said report was then further amended at the Clerk's table; and, on the question put thereupon, agreed to by the House, as followeth: "Resolved, That the first Monday of February next, be assigned for the trial of the articles alledged in the said petition, against the said return. Resolved, That the evidence which may be offered, on the part of the petitioner, shall be confined to the proof of the articles of charge exhibited in the said petition against the validity of the return of the said election. Resolved, That, on the trial, the deposition of a witness shall be received, which shall have been taken more than twenty-five days prior to the day assigned for the trial, before any justice or judge of the courts of the United States, or before any chancellor, justice, or judge, of a supreme or superior court, mayor or chief magistrate of a city, or judge of a county court, or court of common pleas of any of the United States, not being of counsel or attorney to either the said Anthony Wayne, or the petitioner: Provided, That a notification from the magistrate, before whom the deposition is to be taken, to the adverse party, to be present at the taking the same, and to put interrogatories, if he think fit, shall have been first made out and served on the adverse party, or his attorney especially authorized for the purpose, as either may be nearest, if either is within one hundred miles of the place of such caption, allowing time for their attendance, after notified, not less than at the rate of one day, Sundays exclusive, for every twenty miles travel. And every person deposing shall be carefully examined and cautioned, and sworn or affirmed to testify the whole truth, and shall subscribe the testimony by him or her given, after the same shall be reduced to writing, which shall be done only by the magistrate taking the deposition, or by the deponent in his presence. And the depositions so taken, together with a certificate of the notice, if any, given to the adverse party, or his attorney, shall be sealed up by the said magistrate, and directed to the Speaker: Provided, nevertheless, That no ex parte deposition shall be used on the trial of the said petition, which shall have been taken at any time before the twenty-sixth day of December next: Provided, also, That evidence taken in any other manner than is herein before directed, and not objected to by the parties, may with the approbation of the House, be produced on the trial." The several orders of the day were further postponed until Monday next. |