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James Gordon,

Samuel Livermore,
Thomas Hartley,

Nathaniel Niles,
James Hillhouse,

William Smith,
Daniel Huger,

Jonathan Sturges,
Aaron Kitchell,

Peter Silvester,
John W. Kittera,

John Vining, and
John Lawrance,

Jeremiah Wadsworth.
Amasa Learned,
And then the question being put to agree to the second part of the amendment by
way of proviso,

It was resolved in the affirmative.
Ordered, That the said bill, with the amendments, be read the third time to-morrow.
A message from the Senate, by Mr. Otis, their Secretary:

Mr. Speaker : The Senate have passed a bill, entitled “ An act for regulating processes in the Courts of the United States, and providing compensation for the officers of the said Courts, and for jurors and witnesses, to which they desire the concurrence of this House. And then he withdrew.

Ordered, That Mr. Mercer have leave to be absent from the service of this House for three weeks.

Mr. Bourne, of Massachusetts, from the Joint Committee for Enrolled Bills, reported that the committee did, this day, wait on the President of the United States, and present for his approbation an enrolled bill which originated in the Senate, entitled " An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein."

The several orders of the day were further postponed until to-morrow.
And then the House adjourned until tomorrow morning eleven o'clock.

WEDNESDAY, FEBRUARY 15. The bill sent from the Senate, entitled “ An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President, in case of vacancies in the offices both of President and Vice President," together with the amendments thereto, was read the third time ; and, the question being put that the same do pass,

It was resolved in the affirmative.
Ordered, That the Clerk of this House do acquaint the Senate therewith.

The bill sent from the Senate, entitled “ An act for regulating processes in the courts of the United States, and providing compensations for the officers of the said courts, and for jurors and witnesses,” was read the first time.

On motion, The said bill was read the second time, and ordered to be committed to Mr. Boudinot, Mr. Smith, of South Carolina, Mr. White, Mr. Benson, and Mr. Smith, of New Hampshire.

A petition of William Jackson, late a Captain in the South Carolina line, and Aid-deCamp to Major General Lincoln, was presented to the House and read, praying that he may receive the additional pay allowed by an act of the former Congress to officers of the line acting as Aids-de-Camp. Also,

A petition of Walter Finney, late a Captain in the Pennsylvania line, praying to be reimbursed certain expenses incurred in the cure of a wound he received in the service of the United States, during the late war. Also,

The petitions of Robert Jones, late a soldier in the Pennsylvania line, and of Nathan Wood, late a Serjeant in Colonel Symond's regiment of Militia, respectively praying relief in consideration of wounds received in the service of the United States, which have rendered them incapable of procuring a livelihood by labor.

Ordered, That the said petitions do lie on the table.

Ordered, That the petition of the merchants of South Carolina, which was presented the twenty-third of December last, be committed to a Committee of the Whole House on the state of the Union.

The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the bill for an apportionment of Representatives among the several States, according to the first enumeration, and making provision for another enumeration, and an apportionment of Representatives, after the third day of March, one thousand seven hundred and ninety-seven ; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Smith, of South Carolina, reported that the com

mittee had, according to order, again had the said bill under consideration, and made a farther progress therein.

Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said bill.

The several orders of the day were further postponed until to-morrow,
And then the House adjourned until to-morrow morning eleven o'clock.

THURSDAY, FEBRUARY 16. A petition of Udney Hay was presented to the House and read, praying to be reimbursed the amount of damages and costs recovered against him by judgment of the Supreme Court of the State of New York, for supplies which he furnished while a Quartermaster in the Army, during the late war.

Ordered, 'That the said petition 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 David Alshouse was presented to the House and read, praying relief in consideration of an injury received in the service of the United States, during the late war, which has rendered him incapable of procuring a livelihood by labor.

Ordered, That the said petition 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 bill for an apportionment of Representatives among the several States, according to the first enumeration'; and making provision for another enumeration, and an apportionment of Representatives thereon, to compose the House of Representatives, after the third day of March, one thousand seven hundred and ninety-seven ; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Sinith, of South Carolina, reported that the committee had, according to order, again had the said bill under consideration, and made a farther progress therein.

Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said bill.

The several orders of the day were further postponed until to-morrow.
And then the House adjourned until to-morrow morning eleven o'clock.

FRIDAY, FEBRUARY 17. A petition of Nathaniel Gist was presented to the House and read, praying compen sation for sundry special and extraordinary services rendered to the United States, during the late war. Also,

A petition of Peter Covenhoven, praying to be allowed certain expenses incurred during his confinement with a wound received during the late war; and, also, that a pension, heretofore granted him, may be augmented.

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 Richard Green was presented to the House and read, praying compensations for a ferry-flat and boat, the property of the petitioner, which were burnt by order of General Putnam, on the retreat of the American Army, during the late war.

Ordered, That the said petition 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 Christopher Crome was presented to the House and read, praying relief in consideration of several wounds received in the Arny of the United States, during the late war, which have rendered him unable to procure a livelihood by labor.

Ordered, That the said petition do lie on the table.

The Speaker laid before the House a letter and memorial from D. L. Morell, of the Island of St. Domingo, suggesting a plan for the civilization of the Indians ; which were Head, and ordered to lie on the table.

On a motion made and seconded, Resolved, That it be a standing order of this House that, whenever confidential communications are received from the President of the United States, the House shall be cleared of all persons except the members and the Clerk, and so continue during the reading of such communications, and during all debates and proceedings to be had thereon. And that, when the Speaker, or any other member, shall inform the House that he has communications to make, which he conceives ought to be kept secret, the House shall, in like manner, be cleared till the communication be made; the House shall then determine whether the matter communicated requires secrecy or not, and take order accordingly,

The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the bill for an apportionment of Representatives among the several States according to the first enumeration ; and making provision for another enumeration, and an apportionment of Representatives thereon, to compose the House of Representatives, after the third day of March, one thousand seven hundred and ninetyseven ; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Smith, of South Carolina, reported that the committee had, according to order, again had the said bill under consideration, and made a farther progress therein.

Resolved, That this House will, on Monday next, again resolve itself into a Committee of the Whole House on the said bill.

The several orders of the day were further postponed until Monday next.
And then the House adjourned until Monday morning eleven o'clock.

MONDAY, FEBRUARY 20.
A message was received from the President of the United States, by Mr. Lear, his
Secretary, notifying that the President did, this day, approve and sign an act, entitled
"An act to establish the Post Office and Post Roads within the United States."

Ordered, That the Clerk of this House do acquaint the Senate therewith.

A petition of Pearson Huntriss was presented to the House and read, praying compensation for services rendered in the Army of the United States, during the late war.

Ordered, That the said petition be referred to the Secretary of War, with instruction to examine the same, and report his opinion thereupon to the House.

A petition of Stephen Remington was presented to the House and read, praying the renewal of a final settlement certificate, the property of the petitioner, which has been destroyed by fire. Also,

A memorial of Thomas M'Elderry, of the town of Baltimore, Agent for Messrs. Thomas, Horatio, and Judson Clagett, praying a remission of the duties on sundry goods imported in the ship Termigant, which, together with the said ship, were consumed by fire.

Ordered, That the said petition and memorial be referred to the Secretary of the Treasury, with instruction to examine the same, and report his opinion thereupon to the House.

A memorial and petition of sundry merchants of the State of North Carolina, engaged in commerce, previous to the late Revolution, was presented to the House and read, stating th peculiar hardships under which they labor, from the two-fold causes of the operation of the fourth article of the definitive treaty of peace, and of so much of the act of Congress for funding the public debt, as redeems the old continental money, at the rate of one hundred dollars thereof, for one dollar specie; the former requiring them to pay their British debts in sterling money, with full interest to the present time, and the latter depriving them of all hope of indemnity, from the effects of depreciation and tender laws, to which they were exposed during the war, and praying relief.

Ordered, That the said memorial and petition be referred to the Committee of the Whole House on the state of the Union.

A message from the Senate, by Mr. Otis, their Secretary:

Mr. Speaker: I am directed to inform this House that the President of the United States did, on Thursday, the sixteenth instant, approve and sign an act which originated in the Senate, entitled "An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein.” And then he withdrew. . The House then, according to the order of the day, again resolved itself into a Comınittee of the Whole House on the bill for an apportionment of Representatives among the several States, according to the first enumeration, and making provision for another enumeration, and an apportionment of Representatives thereon, to compose the House of Representatives, after the third day of March, one thousand seven hundred and ninety-seven;" and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Livermore reported that the committee had, according to order, again had the said bill under consideration, and gone through the same, and made several amendments thereto; which he delivered in at the Clerk's table.

The House proceeded to consider the said amendments, and those to the first section of the said bill, being again severally read, were agreed to.

The amendments to the second section being again read, a motion was made, and the question being put, to expunge the said second section, in the words following, to wit:

And be it further enacted, That there shall be another enumeration of the inhabitants of the United States, to be made by the several Marshals within their respective Districts, to commence on the day of - in the year ---, mnd to close ; and returns thereof to be transmitted by the Marshals to the President of the United States within calendar months thereafter. That, in each return, shall be certified the number of persons within the District, excluding Indians, not taxed, and distinguishing the number of free persons, including those bound to service for a term of years, and the number of all other persons. That the Marshals may appoint as many persons, as assistants to them, in making the enumeration, as they shall deem requisite, and assign to each assistarrt such division of the District, and to be limited and described, as they shall deem convenient. That each assistant shall, before he enters on the trust assigned to him by this act, take the following oath, or affirmation, before any Magistrate within the District, authorized to administer an oath, viz: I, A B, do solemnly swear (or affirm) that I will make a just and perfect enumeration of all the inhabitants within the division assigned to me by the Marshal of the District of — , and make due return thereof to the said Marshal, pursuant to an act of Congress, entitled . An act according to the best of my ability.” That each assistant, failing to make a return, or making a false return, shall be deemed guilty of misdemeanor, and be punished by fine or imprisonment, or both, in the discretion of the Court. That every assistant shall be allowed, for his services and expenses in the execution of the said trust, at the rate of

- for every persons returned by him, not residing in a city or town containing more than five thousand persons, and at the rate of for every persons returned by him, residing in such city or town. But where, from the dispersed situation of the inhabitants in some divisions, the above allowance may be judged insufficient, the Mar. shal may, with the approbation of the Judge of the District, make such additional allowance to the assistants, in such divisions, as he shall deem reasonable: Provided, the whole allowance to any assistant shall not exceed the rate of — for every of the whole number of persons returned by him. That the Marshals of the several Districts shall, for the services required of them by this act, be allowed as follows, viz:”

The Marshal of the District of Maine, -
The Marshal of the District of New Hampshire, ,
The Marshal of the District of Massachusettts, -,
The Marshal of the District of Vermont,
The Marshal of the District of Rhode Island, -,
The Marshal of the District of Connecticut,
The Marshal of the District of New York,
The Marshal of the District of New Jersey, -,
The Marshal of the District of Pennsylvania, -
The Marshal of the District of Delaware,
The Marshal of the District of Maryland, -
The Marshal of the District of Virginia, -
The Marshal of the District of Kentucky,
The Marshal of the District of North Carolina, —
The Marshal of the District of South Carolina, -,

The Marshal of the District of Georgia, That all persons, being heads of families, shall, when thereunto required by the assistant for the division, render to him a true account of the number of persons of which their respective families shall consist, on pain of forfeiting twenty dollars, to be sued for, and recovered by the assistant, one half to his own use, and the other half to the use of the United States:")

S Yeas ............ 23,
It passed in the negative,

Nays ............ 26.
The yeas and nays being demanded by one-fifth of the members present,
Those who voted in the affirmative, áre,
Robert Barnwell,

Samuel Livermore,
Elias Boudinot,

Nathaniel Niles,
Shearjashub Bourne,

Cornelius C. Schoonmaker,
Benjamin Bourne,

Joshua Seney,
Abraham Clarke,

Israel Smith,
Jonathan Dayton,

Jonathan Sturges,
Nicholas Gilman,

Peter Silvester,
Benjamin Goodhuc,

George Thatcher,
James Hillhouse,

Thomas Tredwell,
Philip Key,

Thomas Tudor Tucker, and
Aaron Kitchell,

Alexander White.
Amasa Learned,

Those who voted in the negative, are,
John Baptist Ashe,

James Madison,
Abraham Baldwin,

Andrew Moore,
John Brown,

Frederick Augustus Muhlenberg,
William Findley,

William Vans Murray,
Thomas Fitzsimons,

Josiah Parker,
Andrew Gregg,

William Smith,
Samuel Griffin,

John Steele,
William Barry Grove,

Samuel Sterrett,
Thomas Hartley,

Thomas Sumpter,
Daniel Huger,

Abraham Venable,
John W. Kittera,

John Vining,
John Laurance,

Anthony Wayne, and
Nathaniel Macon,

Francis Willis. The amendments to the said second section were then again severally read, and agreed to.

The amendments to the third section being then again read, a motion was made, and the question being put to expunge the third and fourth sections, in the words fol. lowing, to wit:

"And be it further enacted, That, from and after the third day of March, in the year one thousand seven hundred and ninety-seven, the House of Representatives shall be composed of members elected within the several States, according to an apportionment to be made in the manner following, that is to say: The number of persons, (defined as above-mentioned,) within the several States, being ascertained from the returns of the Marshals, to be made in pursuance of this act, there shall be elected, within each State, the like number of Representatives, as the quotient of the number of persons within the State, divided by

And be it further enacted, That the President of the United States shall, as soon as conveniently may be, after the day of — , in the year , cause the Executives of the several states to be notified of the number of Representatives to be elected within the States respectively, according to the apportionment as declared and enacted in the third section of this act; but, in case he shall not, on or before that day, have received returns from all the Marshals within the United States, or, in case he shall have received them, if it should appear, from them, that the whole number of persons within the United States, (defined as aforesaid,) is or doth exceed millions, then such notification shall not be made; and, in either of the said cases, the fourth section of this act shall be, and hereby is, declared to be suspended; and the House of Represen. tatives shall continue to be composed of members elected within the several States, according to the apportionment, as declared and enacted in the first section of this act, until farther provision shall be made by law, any thing in this act notwithstanding; and. if either of the said cases shall happen, the President of the United States shall, as soon as conveniently may be, after the said day of in the year - cause the Executives of all the States to be notified thereof;"

5 Yeas ............ 25, It passed in the negative, 3

' 2 Nays ............ 26.
The yeas and nays being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
Robert Barnwell,

Samuel Livermore,
Elias Boudinot,

Andrew Moore,
Shearjashub Bourne,

Nathaniel Niles,
Benjamin Bourne,

John Page,
Abraham Clarke,

Cornelius C. Schoonmaker,
Jonathan Dayton,

Joshua Seney,
Nicholas Gilman,

Jeremiah Smith,
Benjamin Goodhue,

Israel Smith,
Andrew Gregg,

Jonathan Sturges,
James Hillhouse,

Peter Silvester,
Israel Jacobs,

George Thatcher, and
Philip Key,

, Thomas Tudor Tucker.
Aaron Kitchell,

Vol. I.-65

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