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TUESDAY, MARCH 13. Mr. Tucker, from the committee appointed on Saturday last, to wait on the President of the United States, with the resolution of the same day, expressive of the sense of this House of the notification by the King of the French, of his acceptance of the Constitution, presented to him in the name of the nation, reported that the committee had, according to order, discharged the duty assigned to them.

A message from the Senate, by Mr. Otis, their Secretary: Mr. Speaker: The Senate have passed the bill, entitled •An act 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,” with several amendments; to which they desire the concurrence of this House. And then he withdrew.

The House resumed the hearing on the trial of the contested election, in the case 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 the petitioner having made farther progress in exhibiting and reading his proofs in support of the remaining articles of charge contained in his said petition; an adjournment was called for: Whereupon,

Ordered, That the farther hearing on the said trial be adjourned until to-morrow.
The several orders of the day were further postponed until tomorrow.
And then the House adjourned until to-morrow morning cleven o'clock.

WEDNESDAY, MARCH 14. A message from the Senate, by Mr. Otis, their Secretary: Mr. Speaker: The Senate insist on their amendments to the bill, entitled "An act to ascertain and regulate the claims to half pay and to invalid pensions;" and have made a farther amendment to the said bill; to which they desire the concurrence of this House. And then he withdrew.

The House resumed the hearing on the contested election in the case 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 application in writing being made by the petitioner as followeth:

“That the decision of the Senate of the State of Georgia, on the impeachment of Judge Osborne, so far as respects the Camden return for a member to represent the State of Georgia, on the third day of January, one thousand seven hundred and ninetyone, be received as evidence in the present trial of that election, to establish the corruption of Judge Osborne;" as well the petitioner, as the sitting member by his Counsel, were fully heard on the subject of the said application; and the question being taken, that the House do agree to the same. It passed in the negative, {Xays

20,

41.
The yeas and nays being demanded by one-fifth of the members present,
Those voted in the affirmative, are,
John Baptist Ashe,

Philip Key,
Abraham Baldwin,

Aaron Kitchell,
Elias Boudinot,

Nathaniel Macon,
Abraham Clarke,

Cornelius C. Schoonmaker,
Elbridge Gerry,

John Steele,
William B. Giles,

Thomas Sumpter,
Andrew Gregg,

George Thatcher,
William Barry Grove,

Thomas Tredwell,
Daniel Heister,

Thomas Tudor Tucker, and
Israel Jacobs,

Francis Willis.
Those who voted in the negative, are,
Fisher Ames,

John Brown,
Robert Barnwell,

William Findley,
Egbert Benson,

Thomas Fitzsimons,
Shearjashub Bourne,

Nicholas Gilman,
Benjainin Bourne,

Benjamin Goodhue,

Samuel Griffin,

Josiah Parker,
Thomas Hartley

Theodore Sedgwick,
James Hillhouse,

Joshua Seney,
Daniel Huger,

Jeremiah Smith,
John W. Kittera,

Israel Smith,
John Laurance,

William Smith,
Amasa Learned.

Samuel Sterrett,
Richard Bland Lee,

Jonathan Sturges,
Samuel Livermore,

Peter Silvester,
James Madison,

Abraham Venable,
John Francis Mercer,

John Vining,
Andrew Moore,

Jeremiah Wadsworth,
Frederick Augustus Mulhenberg, · Artemas Ward,
William Vans Murray,

Alexander White, and
Nathaniel Niles,

Hugh Williamson.
John Page,
The petitioner then proceeded to conclude with the exhibits and proofs in support
of the remaining charges of his petition, after which the sitting member, by his counsel

, entered into the defence, and produced sundry exhibits and proofs in opposition to the said charges; and having made some progress therein, an adjournment was called for: Whereupon,

Ordered, That the farther hearing on the said trial be adjourned until to-morrow,
The several orders of the day were further postponed until to-morrow.
And then the House adjourned until to-morrow morning eleven o'clock.

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THURSDAY, MARCA 15.

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

Mr. Speaker: The Senate have passed the bill, entitled "An act declaring the consent of Congress to a certain act of the State of Maryland; and to continue for a longer time, an act declaring the assent of Congress to certain acts of the States of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the saine respects the States of Georgia and Rhode Island and Providence Plantations.” And then he withdrew.

The House resumed the hearing on the contested election, in the case of 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 the counsel for the sitting member having concluded his defence, the petitioner was heard in reply, after which the parties retired from the bar.

A motion was then made and seconded, “That certain proceedings of the House of Representatives of the State of Georgia, accompanied with other papers, transmitted agreeable to their resolution, under the signature of the Governor and the seal of the State, relative to the election of a member to represent the Eastern District of the said State in this House, be received:”

On which motion, the previous question being called for by five members, to wit: “Shall the main question to agree to the said motion be now put?”

It passed in the negative:
And so the said motion was lost.
An adjournment was then called for: Whereupon,
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, MARCH 16.

The House proceeded to a decision on the contested election in the case of the pe tition 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 debate thereon, a motion being made and seconded that the House do agree to the following resolution:

Resolved, That Anthony Wayne was not duly elected a Member of this House;"

It was unanimously resolved in the affirmative, by yeas and nays, every member present voting in the affirmative, to wit:

Jonathan Trumbull, Speaker,

Richard Bland Lee,
Fisher Ames,

Samuel Livermore,
John Baptist Ashe,

Nathaniel Macon,
Abraham Baldwin,

James Madison,
Robert Barnwell,

John Francis Mercer,
Egbert Benson,

Andrew Moore,
Elias Boudinot,

Frederick Augustus Muhlenberg,
Shearjashub Bourne,

Nathaniel Niles,
Benjamin Bourne,

Johın Page,
John Brown,

Josiah Parker,
Abraham Clarke,

Cornelius C. Schoonmaker,
William Findley,

Theodore Sedgwick,
Thomas Fitzsimons,

Joshua Seney,
Elbridge Gerry,

Jeremiah Smith,
William B. Giles,

Israel Smith,
Nicholas Gilman,

William Smith,
Benjamin Gooclhue,

John Steele,
Andrew Gregg,

Samuel Sterrett,
Samuel Griffin,

Jonathan Sturges,
William Barry Grove,

Thomas Sumpter,
Thomas Hartley,

Peter Silvester,
Daniel Heister,

George Thatcher,
James Hillhouse,

Thomas Tredwell,
Daniel Huger,

Thomas Tudor Tucker,
Israel Jacobs,

Abraham Venable,
Philip Key,

John Vining,
Aaron Kitchell,

Alexander White,
John W. Kittera,

Hugh Williamson, and
Amasa Learned,

Francis Willis. Another motion was then made and seconded, “That the Speaker do transmit a copy of the said vote to the Executive of the State of Georgia:” and, debate arising thereon,

Ordered, That all farther decision on the said contested election be postponed until Monday next.

Mr. Bourne, of Rhode Island, from the committee to whom was referred the report of the Secretary of the Treasury on the petitions of the Commissioners of Loans for the States of New Hampshire and Rhode Island and Providence Plantations, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Tuesday next.

The petitions of William Ellis and James Gray were presented to the House and read, praying to be allowed the commutation of half-pay, and other emoluments, as Captains in the Arn of the United States, during the late war.

Also, a petition of Dudley Bradstreet praying relief in consideration of wounds received, and injuries sustained, while a soldier in the late war, which have rendered him unable to procure a livelihood by labor.

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 Laurance Fonda was presented to the House and read, praying compensation for his services as assistant commissary of forage, 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 Ann Gibson, widow and relict of the late Colonel George Gibson, of the second regiment of the levies of the United States, who died of his wounds received in the late action against the Indians, was presented to the House and read, praying that the allowance granted to the widows and orphans of officers who died in the service of the United States, during the late war, may be extended to herself and children. Also,

A petition of Susannah Ferguson, widow and relict of the late Major William Ferguson, to the same effect. Also,

A petition of Thomas Smith and John Montgomery, executors of the late major general Richard Butler, on behalf of the widow and orphans of the deceased, to the same effect.

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

VOL. I.-68.

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Mr. Bourne, of Massachusetts, from the Joint Committee for Enrolled Bills, reported that the committee had examined an enrolled bill, entitled “An act declaring the consent of Congress to a certain Act of the State of Maryland; and to continue for a longer time, an act declaring the assent of Congress to certain Acts of the States of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the States of Georgia and Rhode Island and Providence Plantations," and found the same to be truly enrolled: Whereupon,

Mr. Speaker signed the said enrolled bill.
Ordered, That the Clerk of this House do acquaint the Senate therewith.

The House proceeded to consider the amendments of the Senate, disagreed to by this House and insisted on by the Senate, to the bill, entitled “An act to ascertain and regulate the claims to half-pay and to invalid pensions:" Whereupon,

Resolved, That this House doth recede from their disagreement to the said amendments, and doth agree to all the amendments of the Senate to the said bill.

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

Ordered, That the report of the Secretary of the Treasury, relative to the act, entitled “An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits distilled within the United States, and for appropriating the same,” which was made to this House on Tuesday the sixth instant, be committed to a Committee of the Whole House on Tuesday next.

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, entitled “ An act declaring the assent of Congress to a certain Act of the State of Maryland; and to continue, for a longer time, certain Acts of the States of Maryland, Georgia, and Rhode Island and Providence Plantations, so far as the same respects the States of Georgia and Rhode Island and Providence Plantations." The several orders of the day were further postponed until to

morrow. And then the House adjourned until to-morrow morning eleven o'clock.

SATURDAY, MARCH 17. The Speaker laid before the House a letter from the Secretary of the Treasury, accompanying his report on the petition of the ministers and trustees of the Lutheran church, in Rheland Township, Chester county, in the State of Pennsylvania: also, on the petition of the wardens of the Calvinist church, in Vincent Township, in the county and State aforesaid: and on the petition of the corporation of trustees of the public grammar school and academy of Wilmington, in the State of Delaware; which was read, and ordered to lie on the table.

The Speaker laid before the House a letter from the Secretary of the Treasury, accompanying his report concerning the additional supplies requisite for the ensuing year, made pursuant to a resolution of the House of the eighth instant; which was read, and ordered to be committed to a Committee of the Whole House on Friday next.

The Speaker laid before the House a letter from the Attorney General of the United States, enclosing his report on the petition of Andrew Jackson; which was read, and ordered to lie on the table.

Ordered, That a committee be appointed to prepare and bring in a bill or bills to amend an act, entitled " An act to provide more effectually for the collection of duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," so far as to permit the landing of salt, under certain regulations, at warehouses belonging to the several fisheries, and to allow a drawback on the exportation of salted provisions equal to the duty that is paid on the salt used in preserving the same; and that Mr. Williamson, Mr. Key, and Mr. Parker, be the said committee,

The Ilouse proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act 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:" Whereupon, the first amendment being read, and the question put; that this House doth agree to the same, as followeth:

Section first, line fourth, between the words “of” and “members," insert "one hundred and twenty;"

It passed in the negative, {Nays ..

30,

31. '
The yeas and nays being demanded by one-fifth of the members present,
Those who voted in the affirmative, are,
Fisher Ames,

John Laurance,
Egbert Benson,

Amasa Learned,
Elias Boudinot,

Samuel Livermore,
Shearjashub Bourne,

Nathaniel Niles,
Benjamin Bourne,

Cornelius C. Schoonmaker,
Abraham Clarke,

Theodore Sedgwick,
Thomas Fitzsimons,

Jeremiah Smith,
Elbridge Gerry,

Israel Smith,
Nicholas Gilman,

John Steele,
Benjamin Goodhue,

Peter Silvester,
James Gordon,

George Thatcher,
Thomas Hartley,

Thomas Tredwell,
Isracl Jacobs,

John Vining, and
Aaron Kitchell,

Jeremiah Wadsworth.
John W. Kittera,
Those who voted in the negative, are,
John Baptist Ashe,

John Francis Mercer,
Abraham Baldwin,

Andrew Moore,
Robert Barnwell,

Frederick Augustus Muhlenberg,
John Brown,

John Page,
William Findley,

Josiah Parker,
William B. Giles,

Joshua Seney,
Andrew Gregg,

William Smith,
Samuel Griffin,

Samuel Sterrett,
William Barry Grove,

Jonathan Sturges,
Daniel Heister,

Thomas Sumpter,
James Hillhouse,

Thomas Tudor Tucker,
Daniel Huger,

Abraham Venable,
Philip Key,

Alexander White,
Richard Bland Lee,

Hugh Williamson, and
Nathaniel Macon,

Francis Willis.
James Madison,
The other amendments of the Senate to the said bill were then severally read; and,
on the question put thereupon, disagreed to by the House.

Resolved, That a conference be desired with the Senate on the subject-matter of the said amendments; and that Mr. Madison, Mr. Findley, Mr. Hillhouse, Mr. Smith of South Carolina, and Mr. Baldwin, be appointed managers at the said conference, on the part of this House.

Ordered, That the Clerk of this House do acquaint the Senate therewith.
The several orders of the day were further postponed until Monday next.
Aud then the House adjourned until Monday morning eleven o'clock.

MONDAY, MARCH 19.

The several petitions of Samuel Chester, Marmaduke Henlon, John K. House, John Stiller, and William Thomas, were presented to the House and read, respectively praying compensation for supplies furnished, services rendered, wounds received, or injuries sustained, in the Army of the United States, during the late war. Also,

A petition of John Bennet, on behalf of himself and Abraham Sutten, praying to be reimbursed the amount of certain final settlement certificates, issued in the names of the petitioners for military services rendered during the late war, and which were delivered to the late Commissioner for the State of Maryland, but never came to the hands of the petitioners.

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.

The several petitions of William Read, John Spalding, and of Richard Darrel, attorney to Theodore Godet, administrator of Thomas Nelmes, deceased, were presented

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