UNITED STATES, June 25, 1795. The Messages and papers therein referred to, were severally read and ordered to lie until tomorrow for consideration. A motion was made by Mr. BURR, seconded by Mr. LIVERMORE, "That the resolution of the 8th instant, enjoining secrecy upon the Senators, with regard to the communications on that day made by the President, be rescinded; but that it be nevertheless enjoined upon the Senators not to authorize or allow any publication in print, of the said communication, or any article thereof:" Whereupon, a motion was made by Mr. ELLSWORTH, to postpone the motion before the Senate, in order to introduce the following motion: | [JUNE, 1795. "But that it be nevertheless enjoined upon the Senators not to authorize or allow any copy of the said communication, or of any article thereof:" It passed in the affirmative-yeas 14, nays 12, as follows: YEAS.-Messrs. Bingham, Bradford, Cabot, Ellsworth, Foster, Gunn, King, Latimer, Marshall, Potts, Read, Ross, Strong, and Trumbull. NAYS.-Messrs. Bloodworth, Brown, Burr, Butler, Jackson, Langdon, Livermore, Martin, Mason, Paine, Robinson, and Tazewell. And, on the question to agree to the motion as amended, it passed in the affirmative—yeas 18, nays 9, as follows: YEAS.-Messrs. Bingham, Bloodworth, Bradford, Brown, Cabot, Ellsworth, Foster, Gunn, King, Latimer, Livermore, Marshall, Paine, Potts, Read, Ross, Strong, and Trumbull. NAYS.-Messrs. Burr, Butler, Jackson, Langdon, Martin, Mason, Robinson, Rutherfurd, and Tazewell. So it was Resolved, That the injunction of secrecy concerning the communications made by the PRESIDENT OF THE UNITED STATES, on the 8th of June, instant, be rescinded; but that it be, nevertheless, enjoined upon the Senators not te authorize or allow any copy of the said communication, or of any article thereof. The Senate proceeded to the consideration of the Message of the PRESIDENT OF THE UNITED STATES, of the 25th instant, and the nominations therein contained, of Benjamin Hawkins, and others; and Resolved, unanimously, That the Senate do advise and consent to the appointments, agreeably the nominations, respectively. On motion, by Mr. KING, seconded by Mr. CABOT, to reconsider the motion last adopted, it pass-to ed in the affirmative. Whereupon, Ordered, That the Secretary forthwith notify the absent Senators of the above vote of reconsideration. FRIDAY, June 26. The Senate proceeded to the consideration of the Message of the PRESIDENT OF THE UNITED STATES, of the 25th instant, and the nominations therein contained, of Fulwar Skipwith and others. Resolved, That the Senate advise and consent to the appointments, agreeably to the nominations respectively. Ordered, That the Secretary lay this resolution before the PRESIDENT OF THE UNITED STATES. On motion by Mr. LIVERMORE, seconded by Mr. BUTLER, that it be "Resolved, That the injunction of secrecy concerning the communications made by the President of the United States, on the 8th of June, instant, be re scinded:" A motion was made by Mr. READ, seconded by Mr. FosTER, to postpone this motion; and it passed in the negative. On motion by Mr. READ, to amend the original motion by adding these words: Ordered, That the Secretary lay this resolution before the PRESIDENT OF THE UNITED STATES. On motion, Ordered, That Mr. CABOT and Mr. BROWN, wait on the PPESIDENT OF THE UNITED STATES, and acquaint him that the Senate have finished the business before them, and are ready to adjourn, unless he may have any further communications to make. UNITED STATES had no further communications Mr. CABOT reported that the PRESIDENT OF THE that, in a speedy meeting with their friends, they to make to the Senate, than his hearty wishes may enjoy every felicity. On motion, of the Senate, out of the moneys appropriated for Ordered, That there be paid by the Secretary the contingent expenses of the Senate, to James Mathers, Doorkeeper, three dollars per day, and to Cornelius Maxwell, Assistant Doorkeeper, two dollars per day, as compensation for their respective attendance during this special session of the Senate, over and above their stated allowance. On motion, the Senate adjourned without day. Attest: SAM. A. OTIS. Secretary. PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE SECOND SESSION OF THE THIRD CONGRESS, BEGUN AND HELD AT THE CITY OF PHILADELPHIA, NOVEMBER 3, 1794. WEDNESDAY, November 3, 1794. The following members appeared and took their sea's, to wit: From New Hampshire. NICHOLAS GILMAN, JEREMIAH SMITH, and PAINE WINGATE. From Massachusetts.-FISHER AMES, DAVID COBB, HENRY DEARBORN, DWIGHT FOSTER, BENJAMIN GOODHUE, SAMUEL HOLTEN, GEORGE THATCHER, PELEG WADSWORTH, and ARTEMAS WARD. From Connecticut.--JOSHUA COIT, AMASA LEARNED, ZEPHANIAH SWIFT, URIAH TRACY, and JONATHAN TRUMBULL. From Vermont.-ISRAEL SMITH. From New York.-THEODORUS BAILEY, PHILIP VAN CORTLANDT, and JOHN WATTS. From New Jersey.-JOHN BEATTY and ELIAS BOUDINOT. From Pennsylvania.-THOMAS HARTLEY, JOHN WILKES KITTERA, FREDERICK A. MUHLENBERG, (Speaker,) and PETER MUHLENBERG. From Maryland.--GABRIEL CHRISTIE and GEORGE DENT. THEW 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. 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 THOMAS CLAIBORNE ; and from Georgia, THOMAS Maryland, WILLIAM HINDMAN; from Virginia, P. CARNES appeared, and took their seats in the House. yet Notice was received that the Senate had not been able to form a quorum. Upon this, Mr. DAYTON moved that a committee shall be appointed to examine the business From Virginia.-ISAAC COLES, SAMUEL GRIF-left unfinished last session, and report to the House. FIN, JOHN HEATH, JOSEPH NEVILLE, ANTHONY He saw no reason for losing time by waiting for NEW, JOSIAH PARKER, and ROBERT RUTHERFORD. the Senate. From Kentucky.-CHRISTOPHER Greenup. From North Carolina.-THOMAS BLOUNT, WILLIAM JOHNSTON DAWSON, NATHANIEL MACON, and ALEXANDER MEBANE. From South Carolina.-WILLIAM SMITH. THURSDAY, November 4. Mr. GOODHUE objected to the motion as improper. Mr. DAYTON challenged the gentleman to point out wherein the impropriety consisted. For two or three weeks the House of Representatives would have full employment, while the Senate, pre-in reality, had none. He was positive as to the legality and expediency of proceeding. Several other members, to wit: from Rhode Island, FRANCIS MALBONE; from New York, HENRY GLENN, 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, MAT The SPEAKER put the question, and the ayes and noes were equal, each being twenty-five. The SPEAKER then informed the House that, as a quorum of their number was not present, it would be requisite to adjourn. The House rose immediately, after adjourning till to-morrow. 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. H. OF R.] Order of Business. [NOVEMBER, 1794. FRIDAY, November 7. Mr. BOUDINOT thought that there would arise Several other members, to wit: From Penn- a considerable inconvenience from all the busisylvania, JAMES ARMSTRONG and WILLIAM MONT-ness beginning over again. Persons who had obGOMERY; from Virginia, WILLIAM B. GILES; from jected to the return of a member of that House, North Carolina, JOSEPH WINSTON; and from for example, would have to present a new petition South Carolina, JOHN HUNTER-appeared, and to the new committee, and so on. took their seats in the House. On motion, Mr NICHOLAS did not think that this inference, drawn by Mr. BOUDINOT, followed from the ap Resolved, That a Standing Committee of Elec-pointment of a new committee. tions 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. Mr. DAYTON differed entirely from Mr. BouDINOT. Petitions were not addressed to A, B, C, D, E, as members of the Committee of Elections, but to such a committee in general. Therefore, the new one would take up the business as their predecessors had left it. And a committee was appointed of Mr. DAYTON, Mr. HILLHOUSE, Mr. SHERBURNE, Mr. DENT, Mr. LEE, Mr. MACON, and Mr. HUNTER. Mr. BOUDINOT replied to explain. Mr. LYMAN considered it as a most absurd idea, that there should be any such thing as a Standing Election Committee for the whole Congress. Was public business to stand still for the arrival of members, dispersed, perhaps, all over the Continent? Ordered, That the Letter from the Governor When a session ended, what further concern had of Maryland, together with the return of the elec- they with keeping of papers? It was their duty tion of Gabriel Duvall, to serve as one of the mem-to give them back to the Clerk, with a report of bers of this House for the said State, in the room of JOHN FRANCIS MERCER, who has resigned his seat, which was laid before the House at the last session, be referred to the said Committee of Elections. seats in the House. what progress they had made, and the House, when it met again, could proceed, whether these members were present or not. Mr. CARNES was for proceeding to discuss the question. The SPEAKER, at the desire of Mr. LEE, gave his opinion as to the point of form. He said that it had been the practice of the House to name a whole period of the duration of Congress. But Standing Committee of Elections, to last for the he recommended, as the most regular method to determine, in the first place, whether it was proper to proceed without the Senate. When once the House had decided on its own competency for determine what business should be done. The SPEAKER informed the House that the Se-doing business, it would then be soon enough to nate had not yet been able to make a quorum. Fifteen members only appeared. One more was necessary. ORDER OF BUSINESS. A motion was then made for the House to go into a Committee of the Whole to consider the Rules for choosing committees upon election business. time that would now be additionally lost, it was Mr. GOODHUE moved to adjourn. For all the not worth while to decide the question. It was observed that there was no instance in the Continent where one House proceeded to business without the other. Mr. DAYTON, in reply, observed, that Mr. GooDHUE had made a daily, or near about a daily, motion for adjournment, ever since the House began to meet. He had at this time understood that the principle of the adjournment had been given up, and he must confess that he did not expect to hear any arguments for adjournment on the score of expediency. Mr. BEATTY, of New Jersey, asked why the House of Representatives should wait any longer for the Senate to make a quorum? It had been said that we cannot go on till the Senate are also ready, because we are forbidden by the Constitution. The Constitution says no such thing. This House has already waited a week for the Senate; and it is impossible to conjecture how long it may be obliged to wait, by this method of proceeding. Mr. DAYTON then moved for the appointment Mr. BOUDINOT wanted to learn whether it was of a committee to examine and report the unfinproper to have appointed a new Election Com-ished business of last session; which was adopted, mittee. He greatly doubted it. and a committee was appointed of Mr. Boudinot, Mr. TRACY, and Mr. KITTERA. The House divided on the motion of Mr. GOODHUE-for adjourning, ayes 33, noes 36. The SPEAKER said that the new committee was formed upon this principle, hat the business be- A petition of Moses Myers, of the borough of fore the last committee should begin de novo. Per- Norfolk, in the State of Virginia, was presented haps this point had not been sufficiently adverted to the House and read, praying to be exonerated to, when the resolution passed last week for ap-from the payment of the duties accruing on cerpointing a new one. tain goods which he imported, and which, after 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. 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 informed the House that one Senator was yet wanting to the making of a quorum. [The Senate consists of thirty members, of whom only fifteen have yet (Tuesday) made their appearance; of consequence, a majority is wanting. The VICE PRESIDENT has, it is true, arrived, but he is not, strictly speaking, a Senator. He does not give a vote in questions that come before the Senate, unless the voices on a division are equal.] 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 eighty-seven; which were read, and ordered to be referred to Mr. BALDWIN, Mr. GILBERT, Mr. WALKER, Mr. SWIFT, and Mr. JEREMIAH SMITH, with instructions 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 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. MARYLAND REPRESENTATIVE. Mr. MURRAY informed the House that Mr. briel Duvall, a member from Maryland, was now attending to take his seat. This gentleman has been elected in the room of Mr. MERCER. [H. OF R. the former members. They had all been admitted first, and their credentials examined after wards. Some remarks fell from Mr. LEE respecting precedent. Mr. MERCER had formerly taken a seat in much the same way, in the room of Mr. PINKNEY. The proceedings on this case were read by the Clerk. Mr. MACON said, that, if gentlemen would only have patience for ten minutes, they would have the report of the committee ready. Mr. DAYTON immediately after presented this report. A question occurred whether or not it should be read. Mr. MADISON was for the report being read. It would only delay the admission of the gentleman for a few minutes. It was, therefore, better to receive it, and then take him in. There was a question, if Mr. MERCER was now to appear before Mr. M. the House, could he take his seat? would not undertake to answer the question. It He would have the report was a delicate one. read. If it was favorable, act as concurring with it; if not so, lay it aside, and admit the member from Maryland to qualify, without taking any notice of it. Mr. PARKER Could see no reason why the member might not take his place directly. The House had yesterday full evidence laid before them, under the sanction of the Legislature of Maryland, that Mr. MERCER had vacated his seat. In his room here comes a gentleman with proper creWhy hesitate in accepting him? Mr. dentials. P. was sorry that any discussion had taken place on the subject. Mr. MURRAY and Mr. BOUDINOT spoke each a few words. Mr. MADISON was still for reading the report of the committee. His object was to accelerate the reception of the gentleman, which would inevitably and properly take place. If the House were to admit him to qualify, without first reading the report, it might hereafter be asked, Why was a report made at all, when the House refuse to read it? It might, on a future occasion, be said, "Perhaps that report has been unfavorable, and the House have contradicted the report of their own committee." Mr. MURRAY waived his objection to the reading of the report. It was read accordingly, as follows: "That it appears, from a certificate signed by the Ga-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 Mr. NICHOLAS observed that he saw no reason of the said John Francis Mercer appears from his letfor delaying the admission of the gentleman. Heter, dated the thirteenth of April, one thousand seven understood the Committee of Elections had the hundred and ninety-four, directed to the Governor of case of Mr. MERCER's resignation under their con- Maryland. sideration, and would report immediately; and he understood that the report would be in favor of the gentleman. He did not see the use for so much more ceremony in this case than in that of 3d CoN.-29 66 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." H. OF R.] Standing Rules and Orders-Newspapers for Members. 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 the 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. STANDING RULES AND ORDERS. Mr. TRACY then reminded the House of his proposal for immediately going into a Committee of the Whole on the Rules and Regulations. Mr. MADISON objected to going into the business abruptly. For his own part, he had lost, or mislaid, his copy of the Regulations. He would certainly not object on his own account. If there was nobody else in the same situation, he should not mention that as any reason to stop their going on. But he was afraid some other gentlemen were in the same situation. Mr. GOODHUE declared that he was in a similar predicament. Mr. TRACY. If we are like schoolboys, and have lost our books, I can have no objection to the procuring of new ones. It was then agreed to print the Rules and Regulations over again, for the useof the members; and that the House go into a Committee of the Whole on this matter to-morrow. 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. [NOVEMBER, 1794. had had the said report under consideration, and made several amendments thereto. Ordered, That the said report, with the amendments, do lie on the table. THURSDAY, November 13. Two other members, to wit: ANDREW GREGG and DANIEL HEISTER, from Pennsylvania, appeared and took their seats in the House. The SPEAKER informed the House that there was not yet any appearance of a quorum in the Senate. No new member of that House had arrived, and one of those here had fallen sick. NEWSPAPERS FOR MEMBERS. A motion was made that each member be supplied with three daily newspapers. It was mentioned that some applications had been made by a few particular members for leave to have newspapers from the Southern or Eastern States as part of this number. This was objected to as putting the Executive to a needless additional expense. It was, therefore, subjoined, as an amendment to the motion, that they should be newspapers "of this city." Mr. NICHOLAS thought that economy was highly fore moved to strike out the word "three" from proper, on this, as well as other points. He therethe motion, and substitute " two." He considered one morning and one evening paper as sufficient for the information of the members. Mr. TRACY said that it was altogether but a small affair. Some gentlemen had, as he understood, already bespoken three papers, under the expectation that the same number would be granted during this session as during the last. Mr. NICHOLAS then observed, that he would not press his amendment on the House. It was accordingly withdrawn. Whereupon, the members to be furnished, during the present Ordered, That the Clerk of this House cause Ordered, That the said memorial be referred session, with three newspapers, printed in this to the Secretary of the Treasury, with instruction city, such as the members respectively shall choose, to examine the same, and report his opinion there-to be delivered at their lodgings. upon 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 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, the SPEAKER resumed the Chair, and Mr. TRUMBULL reported that the Committee A petition of George Campbell, of the State of Maryland, was presented to the House and read, of Artificers, in the Army of the United States, praying compensation for his services as a Captain 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. STANDING RULES AND ORDERS. 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; |