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

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

THURSDAY, APRIL 7, 1796.

The Speaker laid before the House a letter from the Attorney General, accompanying his report on the memorial of Peter Perritt; which was read and considered: Whereupon,

Resolved, That the said memorial be rejected.

The House proceeded to consider the report of the Secretary of the Treasury on the memorial of Tobias Lord and others, which lay on the table: Whereupon,

Resolved, That the consent of Congress be declared to such an act as the Legislature of the State of Massachusetts may judge proper to pass, for imposing a tonnage duty on vessels entering into Kennebunk river, in the District of Maine, sufficient to defray the expenses incurred by Tobias Lord, and others, in erecting a pier, near the mouth of the said river.

Ordered, That a bill or bills be brought in, pursuant to the said resolution, and that the Committee of Commerce and Manufactures do prepare and bring in the same.

Mr. Dearborn, from the committee appointed to inquire whether that part of the act, entitled "An act in addition to an act making further and more effectual pro vision for the protection of the frontiers of the United States," which requires that the army be paid, in future, in such manner, that the arrears shall, at no time, exceed two months, has been complied with, and if not, from what cause the failure has arisen, made a report; which was read, and ordered to lie on the table.

Mr. Goodhue, from the Committee of Commerce and Manufactures, to whom was referred, a motion of the fourth instant, authorizing the Secretary of the Treasury to permit persons who have entered stills in the year one thousand seven hundred and ninety-five, to pay for the quantity of spirits distilled, instead of paying on the capacity of the stills, made a report; which was read, and ordered to be committed to a Committee of the Whole House on Monday next.

The House, according to the order of the day, again resolved itself into a Committee of the Whole House, on the message from the President of the United States, assigning the reasons which forbid his compliance with the resolution of this House, of the twenty-fourth ultimo, requesting a "copy of the instructions, correspondence, and other documents, relative to the treaty lately concluded between the United States and Great Britain" 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 message under consideration, and come to two resolutions thereupon; which he delivered in at the Clerk's table, where the same were read, as follow:

1st. Resolved, That, it being declared by the second section of the second article of the constitution, "That the President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur," the House of Representatives do not claim any agency in making treaties; but that when a treaty stipulates regulations on any of the subjects submitted by the constitution to the power of Congress, it must depend for its execution, as to sch stipulations, on a law or laws to be passed by Congress; and it is the constitutional right and duty of the House of Representatives, in all such cases, to deliberate on the expediency or inexpediency of carrying such treaty into effect, and to determine and act thereon as, in their judgment, may be most conductive to the public good.

2d. Resolved, That it is not necessary to the propriety of any application from this House, to the Executive, for information desired by them, and which may relate to any constitutional functions of the House, that the purposes for which such information may be wanted, or to which the same may be applied, should be stated in the application, The first resolution being again read,

The previous question was called for by five members, to wit: "Shall the main question to agree to the said first resolution, be now put?

And on the previous question, “Shall the said main question be now put?

Yeas

It was resolved in the affirmative, Nays

..54,

.37.

The yeas and nays being demanded by one-fifth of the members present,

Those who voted in the affirmative, are,

Theodorus Bailey,

George Jackson,

Abraham Baldwin,

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Edward Livingston, Matthew Locke, Samuel Maclay, Nathaniel Macon, James Madison, John Milledge, Andrew Moore, Frederick A. Muhlenberg, John Nicholas, Alexander D. Orr, John Page, Josiah Parker, John Patten, Francis Preston, John Richards, Robert Rutherford, John S. Sherburne, Israel Smith, Samuel Smith, Thomas Sprigg, John Swanwick, Absalom Tatom, Philip Van Cortlandt, Joseph B. Varnum, Abraham Venable, and Richard Winn.

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And then the main question being taken, that the House do agree to the said first re solution,

It was resolved in the affirmative, {eas

57,

35.

The yeas and nays being demanded by one-fifth of the members present,

Those who voted in the affirmative, are,

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The second resolution was again read, and on the question put thereupon, agreed to by the House, Yeas 57, Nays 35.

The yeas and nays being demanded by one-fifth of the members present,

Those who voted in the affirmative, are,

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Ordered, That Mr. Samuel Smith have leave to be absent from the service of this House for eight days.

The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill sent from the Senate, entitled “An act supplementary to an act, entitled 'An act to provide a Naval Armament ;" 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 bill 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 bill.

The House proceeded to consider the letter from the Secretary of State, accompa nying sundry estimates relative to the treaties with Spain and other foreign nations, and with certain Indian tribes, which lay on the table: Whereupon,

with

Resolved, That the injunction of secrecy imposed by the House, so far as relates to the estimates for carrying into effect the treaties with Great Britain, Spain, and certain Indian tribes, and, also, such parts of the estimate for carrying into effect the treaty Algiers, as relate to a deficiency for that purpose, be removed, and that the said estinates be published.

Ordered, That the said estimates be committed to the Committee of the Whole House on the state of the Union.

Ordered, That such other parts of the estimate relative to the treaty with Algiers, as are not included in the foregoing order, be referred to the Committee of Ways and

Means.

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

FRIDAY, APRIL 8, 1796.

Petitions of sundry inhabitants of the Western counties of Pennsylvania, whose names are thereunto subscribed, were presented to the House and read, respectively praying that the House of Representatives will pass all laws necessary for carrying into effect the treaty lately concluded between the United States and Great Britain.

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

A petition of sundry officers and soldiers of the late Continental Army, whose names are thereunto subscribed, was presented to the House and read, praying that they may be permitted to locate their respective claims to land, upon such improvements as they possess within the fractional parts of the seven ranges of townships on the Northwest side of the Ohio, as have been reserved by Congress for the use of the officers and soldiers of the late Continental Army.

Ordered, That the said petition be referred to the Committee of the Whole House, to whom is committed the bill regulating the grants of lands appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen.

Ordered, That the committee to whom were referred the several memorials and petitions of Henry Bedinger and others, of Samuel Brady, of James Deniston, of sundry emigrants from Wales, of Theodosius Fowler and others, of sundry inhabitants of Port William, in the State of Kentucky, of Absalom Martin, of John M'Elroy and others, of sundry soldiers of the late Army, of Arthur St. Clair, of the Society of the United Brethren for propagating the Gospel among the Heathen, of Caleb Thornley and others, of Jacob Whitsel, of Andrew Woods, and of Elijah Woods, be discharged from the consideration thereof, and that the said memorials and petitions be referred to the Committee of the Whole House last mentioned.

A petition of Emory Sadler, junior, and Elizabeth his wife, executrix of William Wright, late of Queen Ann's county, in the State of Maryland, deceased, was presented to the House and read, praying the renewal of sundry loan-office certificates, the property of the deceased, which were feloniously stolen from a certain James Kent, with whom they were deposited some time in the month of April, one thousand seven hundred and eighty.

Ordered, That the said petition be referred to the Committee of Claims.

A message, in writing, was received from the President of the United States, by Mr. Taylor, Chief Clerk in the Department of State, as followeth:

Gentlemen of the Senate and of the House of Representatives:

By an act of Congress, passed on the twenty-sixth of May, one thousand seven hundred and ninety, it was declared that the inhabitants of the Territory of the United States South of the river Ohio, should enjoy all the privileges, benefits, and advantages set forth in the ordinance of Congress for the government of the Territory of the United States Northwest of the river Ohio; and that the government of the said Territory South of the Ohio, should be similar to that which was then exercised in the Territory Northwest of the Ohio; except so far as was otherwise provided in the conditions expressed in an act of Congress, passed the second of April, one thousand seven hundred and ninety, entitled "An act to accept a cession of the claims of the State of North Carolina to a certain district of Western territory."

Among the privileges, benefits, and advantages, thus secured to the inhabitants of the Territory South of the river Ohio, appear to be the right of forming a permanent Constitution and State Government, and of admission as a State, by its delegates into the Congress of the United States, on an equal footing with the original States, in all respects whatever, when it should have therein sixty thousand free inhabitants: Provided the Constitution and Government, so to be formed, should be republican, and in conformity to the principles contained in the articles of the said ordinance.

As proofs of the several requisites to entitle the Territory South of the river Ohio, to be admitted as a State, into the Union, Governor Blount has transmitted a return of the enumeration of its inhabitants, and a printed copy of the Constitution and form of Government on which they have agreed; which, with his letters accompanying the same, are herewith laid before Congress.

UNITED STATES, April 8th, 1796.

G. WASHINGTON.

The said message and papers were read, and ordered to be referred to Mr. Dearborn, Mr. Swift, Mr. Macon, Mr. Harper, and Mr. Maclay; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

A message was received from the President of the United States, by Mr. Taylor, Chief Clerk in the Department of State, notifying that the President did, this day, approve and sign an act which originated in this House, entitled "An act authorizing the erection of a light-house on Baker's Island, in the State of Massachusetts." Ordered, That the Clerk of this House do acquaint the Senate therewith.

The House, according to the order of the day, again resolved itself into a Committee of the Whole House on the bill sent from the Senate, entitled "An act supplementary to an act, entitled 'An act to provide a Naval Armament;" and, after some time spent

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