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But a quorum of the whole number not being present,

The House adjourned until to-morrow morning eleven o'clock.

THURSDAY, NOVEMBER 4.

Several other members, to wit: from Rhode Island, Francis Malbone; from New York, Henry Glen, James Gordon, and John E. Van Allen; from New Jersey, Jonathan Dayton; from Pennsylvania, Thomas Fitzsimons; from Delaware, Henry Latimer; from Maryland, William Vans Murray; from Virginia, George Hancock, Richard Bland Lee, James Madison, Andrew Moore, Francis Preston, and Francis Walker; and from North Carolina, Matthew Locke; appeared, and took their seats in the House.

And a quorum, consisting of a majority of the whole number, being present, Ordered, That a message be sent to the Senate, to inform them that a quorum of this House is assembled, and ready to proceed to business; and that the Clerk of this House do go with said message.

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

WEDNESDAY, NOVEMBER 5.

Several other members, to wit: from New Hampshire, John S. Sherburne; from Massachusetts, William Lyman; from Connecticut, James Hillhouse; from Vermont, Nathaniel Niles; from New York, Ezekiel Gilbert; from Maryland, William Hindman; from Virginia, Thomas Claiborne; and from Georgia, Thomas P. Carnes; appeared, and took their seats in the House.

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

THURSDAY, NOVEMBER 6.

Two other members, to wit: from Massachusetts, Peleg Coffin; and from Virginia, John Nicholas; appeared, and took their seats in the House.

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

FRIDAY, NOVEMBER 7.

Several other members, to wit: from Pennsylvania, James Armstrong and William Montgomery; from Virginia, William B. Giles; from North Carolina, Joseph Winston; and from South Carolina, John Hunter; appeared, and took their seats in the House. On motion,

Resolved, That a Standing Committee of Elections be appointed, whose duty it shall be to examine and report upon the certificates of election, or other credentials of the Members returned to serve in this House; and to take into their consideration all such matters as shall or may come in question, and be referred to them by the House, touching returns and elections, and to report their proceedings, with their opinion thereupon, to the House.

And a committee was appointed, of Mr. Dayton, Mr. Hillhouse, Mr. Sherburne, Mr Dent, Mr. Lee, Mr. Macon, and Mr. Hunter.

Ordered, That the letter from the Governor of Maryland, together with the return of the election of Gabriel Duvall, to serve as one of the members of this House for the said State, in the room of John Francis Mercer, who has resigned his seat, which were laid before the House, at the last session, be referred to the said Committee of Elections.

And then the House adjourned until Monday morning eleven o'clock.

MONDAY, NOVEMBER 10.

Several other Members, to wit: From New York, Thomas Tredwell, from New Jersey, Lambert Cadwalader; from Pennsylvania, John Smilie; from North Carolina, William Barry Grove, and Joseph M'Dowel; and from South Carolina, Richard Winn; appeared, and took their seats in the House.

On motion,

Ordered, That a committee be appointed to examine the Journal of the last session, and to report therefrom, all such matters of business as were then depending and un. determined; and also to examine and report such laws of the United States as have expired, or will expire before the next session.

And a committee was appointed, of Mr. Boudinot, Mr. Tracy, and Mr. Kittera.

A petition of Moses Myers, of the borough of Norfolk, in the State of Virginia, was presented to the House and read, praying to be exonerated from the payment of the duties accruing on certain goods which he imported, and which, after entry thereof made, were sunk and damaged by the oversetting of the craft employed to bring them

on shore.

Ordered, That the said petition be referred to Mr. Parker, Mr. Watts, and Mr. Coffin; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

Ordered, That the report of the Secretary of War on the petition of Peter Covenhoven, which was made to this House on the twenty-first of February, one thousand seven hundred and ninety-three, be referred to a Committee of the Whole House to

morrow.

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

TUESDAY, NOVEMBER 11.

Two other members, to wit: From Massachusetts, Shearjashub Bourne; and from New York, Peter Van Gaasbeck; appeared, and took their seats in the House.

The Speaker laid before the House a letter from James White, enclosing the credentials of his appointment as a Representative of the Territory of the United States South of the river Ohio, in the Congress of the United States, according to the ordinance of Congress of the thirteenth of July, one thousand seven hundred and eightyseven; which were read, and ordered to be referred to Mr. Baldwin, Mr. Gilbert, Mr. Walker, Mr. Swift, and Mr. Jeremiah Smith, with instruction to examine the matter thereof, and report the same, with their opinion thereupon, to the House.

Mr. Boudinot, from the committee appointed to examine the Journal of the last session, and to report therefrom all such matters of business as were then depending and undetermined, and also to examine and report such laws of the United States as have expired, or will expire before the next session, made a report, in part; which was read, and ordered to lie on the table.

Mr. Dayton, from the Committee of Elections, to whom was referred the letter from the Governor of Maryland, together with the return of the election of Gabriel Duvall, to serve as one of the members of this House for the said State, in the room of John Francis Mercer, who has resigned his seat, made a report; which he delivered in at the Clerk's table, where the same was read, as followeth:

"That it appears from a certificate signed by the Governor of the State of Maryland, in Council, and under the seal of the said State, that Gabriel Duvall was duly elected to serve in the House of Representatives of the United States, in the place of John Francis Mercer, who had resigned his seat.

That the resignation of the said John Francis Mercer appears from his letter, dated the thirteenth of April, one thousand seven hundred and ninety-four, directed to the Governor of Maryland.

Resolved, That, in the opinion of the committee, Gabriel Duvall is entitled to take a seat in the House, as one of the Representatives for the State of Maryland, in the stead of John Francis Mercer."

VOL. II.-29.

The said resolution was again read; and, on the question put thereupon, agreed to by the House.

Mr. Duvall then appeared, and the oath to support the Constitution of the United States being administered to him by Mr. Speaker, according to law, he took his seat in the House, as one of the Representatives for the State of Maryland, in the room of John Francis Mercer.

Ordered, That the report of the committee appointed to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House, which was made on the seventh of January last, be committed to a Committee of the Whole House to-morrow.

The order of the day was further postponed until to-morrow.

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

WEDNESDAY, NOVEMBER 12.

Another member, to wit: Carter B. Harrison, from Virginia, appeared, and took his seat in the House.

A memorial of Andrew Taylor, of Ulster county, in the State of New York, was presented to the House and read, praying the liquidation and settlement of a claim for his services as a Deputy Quartermaster in the Army of the United States, during the late war.

Ordered, That the said memorial 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 Samuel Emery, of the city of Philadelphia, merchant, was presented to the House and read, praying that a new register may be granted in the case of the brig Lucy, an American bottom, which was sold in the year 1792, to a person not a citizen of the United States, it being omitted in the bill of sale of the said brig, to insert a copy of the register, in consequence of which omission, the Collector of the port of Philadelphia conceives himself unauthorized to grant a new register.

Ordered, That the said petition do 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 committee appointed to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Trumbull reported that the committee had, according to order, had the said report under consi deration, and made several amendments thereto; which he delivered in at the Clerk's table.

Ordered, That the said report, with the amendments, do lie on the table.
The order of the day was further postponed until to-morrow.

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

THURSDAY, NOVEMBER 13.

Two other members to wit: Andrew Gregg, and Daniel Heister, from Pennsylvania, appeared and took their seats in the House.

On motion,

Ordered, That the Clerk of this House cause the members to be furnished, during the present session, with three newspapers, printed in this City, such as the members respectively shall choose, to be delivered at their lodgings.

A petition of George Campbell, of the State of Maryland, was presented to the House and read, praying compensation for his services as a Captain of Artificers, in the Army 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 Treasurer of the United States, accompanying his account of receipts and expenditures for the War Department, from the first day of April to the thirtieth day of June, one thousand seven hundred and ninety-four, inclusive; which were read, and ordered to lie on the table.

The House proceeded to consider the amendments, reported yesterday, from the Committee of the Whole House, to whom was referred the report of the committee appointed to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House; and the said amendments being twice read at the Clerk's table, were, on the question severally put thereupon, agreed to by the House. The said report, as amended, being then again read, and further amended at the Clerk's table,

Resolved, That the following be established as the standing rules and orders of this House, to wit;

STANDING RULES AND ORDERS OF THE HOUSE OF REPRESENTA. TIVES OF THE UNITED STATES.

First.-Touching the Duty of the Speaker.

He shall take the Chair every day at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read. He shall preserve decorum and order; may speak to points of order, in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the House by any two members.

He shall rise to put a question, but may state it sitting.

Questions shall be distinctly put in this form, to wit: "As many as are of opinion that (as the question may be) say Ay:" and after the affirmative voice is expressed"As many as are of a contrary opinion, say No." If the Speaker doubts, or a division be called for, the House shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name two members, one from each side, to tell the numbers in the affirmative; which being reported, he shall then name two others, one from each side, to tell those in the negative; which being also reported, he shall rise, and state the decision to the House.

All committees shall be appointed by the Speaker, unless otherwise specially directed by the House; in which case they shall be appointed by ballot; and if, upon such ballot, the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than are required to compose or complete the committee, shall have an equal number of votes, the House shall proceed to a further ballot or ballots. In all cases of ballot by the House, the Speaker shall vote; in other cases he shall not vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and, in case of such equal division, the question shall be lost.

All acts, addresses, and joint resolutions, shall be signed by the Speaker; and all writs, warrants, or subpoenas, issued by order of the House, shall be under his hand and seal, attested by the Clerk.

In case of any disturbance or disorderly conduct in the gallery or lobby, the Speaker, (or Chairman of the Committee of the Whole House,) shall have power to order the same to be cleared.

Secondly.-Of Decorum and Debate.

When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat, and respectfully address himself to Mr. Speaker.

If any member, in speaking, or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the House.

When two or more members happen to rise at once, the Speaker shall name the member who is first to speak.

No member shall speak more than twice to the same question, without leave of the House; nor more than once, until every member choosing to speak, shall have spoken. Whilst the Speaker is putting any question, or addressing the House, none shall walk out of, or across the House; nor either in such case, or when a member is speaking, shall entertain private discourse; nor, whilst a member is speaking, shall pass between him and the Chair.

No member shall vote on any question in the event of which he is immediately and particularly interested; or in any other case where he was not present when the question was put.

Upon a division and count of the House on any question, no member without the bar shall be counted.

Every member who shall be in the House when a question is put, shall give his vote, unless the House, for special reasons, shall excuse him.

When a motion is made and seconded, it shall be stated by the Speaker, or being in writing, it shall be handed to the Chair, and read aloud by the Clerk, before debated. Every motion shall be reduced to writing, if the Speaker or any member desire it. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in possession of the House, but may be withdrawn at any time before a decision or amendment.

When a question is under debate, no motion shall be received, unless to amend it, to commit it, for the previous question, to postpone it to a day certain, or to adjourn. A motion to adjourn shall be always in order, and shall be decided without debate. The previous question shall be in this form: "Shall the main question be now put?" It shall only be admitted when demanded by five members; and, until it is decided, shall preclude all amendment and further debate of the main question.

On a previous question, no member shall speak more than once without leave.

Any member may call for the division of a question, where the sense will admit of it. A motion for commitment, until it is decided, shall preclude all amendment of the main question.

Motions and reports may be committed at the pleasure of the House.

No new motion or proposition shall be admitted under color of amendment, as a substitute for the motion or proposition under debate.

When the reading of a paper is called for, which had before been read to the House, and the same is objected to by any member, it shall be determined by a vote of the House.

The unfinished business in which the House was engaged at the time of the last adjournment, shall have the preference in the orders of the day; and no motion on any other business shall be received, without special leave of the House, until the former is disposed of.

In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election; and when there shall not be such majority on the first ballot, the ballot shall be repeated until a majority be obtained.

In all cases when others than members of the House may be eligible, there shall be a previous nomination.

If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member who has spoken twice on the day preceding, shall be permitted again to speak without leave.

Every order, resolution, or vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid on the table, on a day preceding that in which the same shall be moved, unless the House shall otherwise expressly allow.

Petitions, memorials, and other papers, addressed to the House, shall be presented by the Speaker, or by a member in his place, and shall not be debated or decided on the day of their being first read, unless where the House shall direct otherwise; but shall lie on the table, to be taken up in the order they were read.

Any fifteen members, (including the Speaker, if there is one,) shall be authorized to compel the attendance of absent members.

Upon calls of the House, or in taking the yeas and nays on any question, the names of the members shall be called alphabetically.

Any member may excuse himself from serving on any committee at the time of his appointment, if he is then a member of two other committees.

No member shall absent himself from the service of the House, unless he have leave, or be sick, and unable to attend.

Upon a call of the House, the names of the members shall be called over by the Clerk, and the absentees noted; after which, the names of the absentees shall be again called over, the doors shall then be shut, and those for whom no excuse, or insuffieient excuses are made, may, by order of the House, be taken into custody, as they appear, or may be sent for, and taken into custody, wherever to be found, by special messengers to be appointed for that purpose.

When a member shall be discharged from custody, and admitted to his seat, the House shall determine whether such discharge shall be with, or without, paying fees: and in like manner, whether a delinquent member, taken into custody by a special messenger, shall, or shall not, be liable to defray the expense of such special messenger. A Serjeant-at-Arms shall be appointed, to hold his office during the pleasure of the House, whose duty shall be to attend the House during its sitting; to execute the com mands of the House, from time to time, either by himself, or a special messenger, to be

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