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[SENATE.

ished the business before them, are about to adjourn to the first Monday in December next.

Mr. BUTLER, from the joint committee appointed to wait on the PRESIDENT OF THE UNITED STATES, and notify him that, unless he had any further communications to make to them, they were ready to adjourn, reported, that the PRESIDENT OF THE UNITED STATES had no further communication to make, except the nomination of certain persons to execute the laws passed the present session.

After the consideration of the Executive business, the PRESIDENT adjourned the Senate to the first Monday in December next.

PROCEEDINGS AND DEBATES

OF THE

HOUSE OF REPRESENTATIVES OF THE UNITED STATES,

AT THE FIRST SESSION OF THE FOURTH CONGRESS, BEGUN AND HELD AT THE CITY OF PHILADELPHIA, DECEMBER 7, 1795.

MONDAY, December 7, 1795.

And a quorum, consisting of a majority of the

The following members appeared and took their whole number being present,

seats:

From New Hampshire.-ABIEL FOSTER, NICHOLAS GILMAN, JOHN S. SHERBURNE, and JEREMIAH SMITH.

From Massachusetts.-THEOPHILUS BRADBURY, HENRY DEARBORN, DWIGHT FOSTER, NATHANIEL FREEMAN, Jr., BENJAMIN GOODHUE, GEORGE LEONARD, SAMUEL LYMAN, WILLIAM LYMAN, JOHN REED, THEODORE SEDGWICK, GEORGE THATCHER, JOSEPH B. VARnum, and Peleg Wadsworth.

From Rhode Island.-BENJAMIN BOURNE and FRANCIS MALBONE.

From Connecticut.-JOSHUA COIT, CHAUNCEY GOODRICH, ROGER GRISWOLD, ZEPHANIAH SWIFT, and URIAH TRACY.

From Vermont.-ISRAEL SMITH.

From New York.-THEODORUS BAILEY, WILLIAM COOPER, EZEKIEL GILBERT, HENRY GLEN, JONATHAN N. HAVENS, EDWARD LIVINGSTON, JOHN E. VAN ALLEN, PHILIP VAN CORTLANDT, and JOHN WILLIAMS.

From New Jersey.-JONATHAN DAYTON, AARON KITCHELL, ISAAC SMITH, and MARK THOMPSON.

The House proceeded, by ballot, to the choice of a SPEAKER; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JONATHAN DAYTON, one of the Representatives for the State of New Jersey: Whereupon,

The said JONATHAN DAYTON was conducted to the Chair, from whence he made his acknowledgments to the House, as follows:

GENTLEMEN: It is with real diffidence that I undertake the execution of the duties which you have done me the honor to assign to me.

In discharging them to the best of my abilities, I anticipate, on your part, a liberal and indulgent temper towards those decisions which may be required from the Chair, and flatter myself that I shall experience, upon all occasions, your co-operation and support.

The House proceeded, in the same manner, to the appointment of a Clerk; and, upon examining the baliots, a majority of the votes of the whole House was found in favor of JOHN BECKLEY.

The oath to support the Constitution of the United States, as prescribed by the act, entitled From Pennsylvania.-DAVID BAIRD, ALBERT "An act to regulate the time and manner of adGALLATIN, DANIEL HEISTER, JOHN WILKES KIT-ministering certain oaths," was then administered TERA, SAMUEL MACLAY, FREDERICK AUGUSTUS MUHLENBERG, SAMUEL SITGREAVES, JOHN SWANWICK, and RICHARD THOMAS.

From Delaware.-JOHN PATTEN. From Maryland.-GABRIEL CHRISTIE, GEORGE DENT, GABRIEL DUVALL, WILLIAM HINDMAN, and WILLIAM VANS MURRAY.

From Virginia.-SAMUEL J. CABELL, JOHN CLOPTON, ISAAC COLES, WILLIAM B. GILES, GEORGE HANCOCK, CARTER B. HARRISON, JOHN HEATH, GEORGE JACKSON, JAMES MADISON, ANDREW MOORE, JOSIAH PARKER, ROBERT RUTHERFORD, and ABRAHAM VENABLE.

From North Carolina.-THOMAS BLOUNT, NATHAN BRYAN, DEMPSEY BURGES, JESSE FRANKLIN, WILLIAM B. GROVE, JAMES HOLLAND, MATTHEW LOCKE, NATHANIEL MACON, and ABSALOM TATOM.

From South Carolina.-SAMUEL EARLE, ROBERT GOODLOE HARPER, and WILLIAM SMITH. From Georgia.-ABRAHAM BALDWIN.

by ISAAC SMITH, one of the Representatives from the State of New Jersey, to the SPEAKER, and then by Mr. SPEAKER to all the members present.

The same oath, together with the oath of office prescribed by the said recited act, were also administered by Mr. SPEAKER to the Clerk.

A message was received from the Senate, informing the House that a quorum of members of that body is assembled, and the VICE PRESIDENT being absent, they have proceeded to the choice of a PRESIDENT pro tempore, and that HENRY TAZEWELL has been duly elected.

Ordered, That a message be sent to the Senate to inform that body that a quorum of this House is assembled, and have elected JONATHAN DAYTON their SPEAKER; and that the Clerk of this House do go with the message.

Another message from the Senate was received, informing this House that they have appointed a committee on their part, to act jointly with such committee as may be appointed by this House, to

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wait on the PRESIDENT OF THE UNITED STATES, to inform him that a quorum of the two Houses is assembled, and ready to receive any communication he may think proper to make to them.

[DECEMBER, 1795.

the United States being first administered to them by Mr. SPEAKER, according to law.

Ordered, That a message be sent to the Senate to inform them that this House is now ready to Ordered, That Mr. MADISON, Mr. SEDGWICK, attend them in receiving the communication from and Mr. SITGREAVES, be appointed a committee the PRESIDENT OF THE UNITED STATES, agreeaon the part of this House, for the purpose express-bly to his notification to both Houses yesterday; ed in the message of the Senate. and that the Clerk of this House do go with the said message.

Petitions from sundry persons, praying to be appointed to the offices of Sergeant-at-Arms and Doorkeeper, were presented to the House and read: Whereupon,

The House proceeded, by ballot, to the choice of a Sergeant-at-Arms, Doorkeeper, and Assistant Doorkeeper; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOSEPH WHEATON, as Sergeantat-Arms, THOMAS CLAXTON, as Doorkeeper, and THOMAS DUNN, as Assistant Doorkeeper.

Ordered, That the said JOSEPH WHEATON, THOMAS CLAXTON, and THOMAS DUNN, do severally give their attendance accordingly.

The Clerk accordingly went with the said message; and, being returned,

The Senate attended and took seats in the House; when, both Houses being assembled, the PRESIDENT OF THE UNITED STATES came into the Representatives' Chamber, and delivered his Speech to the two Houses. [For a copy of this Speech, see the Proceedings of the Senate, ante page 10.]

The PRESIDENT OF THE UNITED STATES then withdrew, and the two Houses separated.

Ordered, That the Speech of the PRESIDENT OF THE UNITED STATES to both Houses be comap-mitted to a Committee of the Whole House tomorrow.

Mr. MADISON, from the joint committee pointed to wait on the PRESIDENT OF THE UNITED STATES, and notify him that a quorum of the two Houses is assembled, and ready to receive any communication he may think proper to make to them, reported that the committee had, according to order, performed that service, and that the PRESIDENT signified to them that he would make a communication to both Houses of Congress tomorrow, at 12 o'clock, in the Representatives' Chamber.

Ordered, That a committee be appointed to prepare and report such Standing Rules and Orders of proceeding as are proper to be observed in this House; and that Mr. MUHLENBERG. Mr. MURRAY, and Mr. BALDWIN, be the said committee.

Resolved, That the Rules and Orders of proceeding, established by the late House of Representatives, shall be deemed and taken to be the Rules and Orders of proceeding to be observed in this House, until a revision or alteration of the same shall take place.

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 touching returns and elections, and to report their proceedings, with their opinion thereupon, to the House.

And a committee was appointed, of Mr. VENABLE, Mr. DENT, Mr. KITTERA, Mr. SwIFT, Mr. DEARBORN, Mr. HARPER, and Mr. BLOUNT.

TUESDAY, December 8.

Several other members, to wit: from Maryland, SAMUEL SMITH; from Virginia, RICHARD BRENT; and from Georgia, JOHN MILLEDGE, appeared, produced their credentials, and took their seats in the House; the oath to support the Constitution of

A petition of Matthew Lyon, of the State of Vermont, was presented to the House and read, complaining of an undue election and return of ISRAEL SMITH, to serve as a member of this House for the said State.

Ordered, That the said petition be referred to the Committee on Elections; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

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: Provided. They do not exceed the price at which subscribers, citizens of Philadelphia, are furnished with them.

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DECEMBER, 1795.]

Committee of Claims.

[H. of R.

Mr. PARKER offered an amendment, which was special leave of the House, until the former is disposed seconded by Mr. MACON.

The substance of this amendment was, to strike out all that part of the resolution which goes before the word assurances; in place of which, Mr. PARKER proposed to appoint a committee, who should personally wait on the PRESIDENT, and assure him of the attention of the House, &c., and concluding as above. Mr. P. had the highest respect for the PRESIDENT, but he had always disapproved of this practice of making out Addresses in answer to these Speeches, and of the House leaving their business to go in a body to present them. Last session, the framing of this Address had cost very long debates, and produced very great irritation. Some of the most disagreeable things that happened during the session occurred in these debates. He wished unanimity and the despatch of business, and so, could not consent that any Address should be drawn up, as he preferred ending the affair at once by sending a committee with a verbal answer.

Mr. MURRAY replied, that the practice of drawing up such an Address was coeval with the Constitution. It was consistent with good sense; and he did not see that any arguments had been employed by the gentleman who spoke last against it. It was true that the House might send a verbal answer, and it was likewise true that the PRESIDENT might have sent them his Speech by his Secretary, without coming near them at all. He had come to Congress, and Mr. M. could perceive no impropriety in Congress returning the compliment by waiting on him.

The Committee divided on the amendment proposed by Mr. PARKER. Eighteen members rose in support of it: so it was lost. The Committee then agreed to the resolution as offered by Mr. MURRAY. They rose, and the Chairman reported progress. The resolution was agreed to by the House. The next question was, of how many members the select committee should consist that were to be employed in framing a draft of the Address. The different numbers of five and three were proposed. A division took place on the former motion, when only thirty-one gentlemen rose in its favor. The motion for a committee of three members to report an Address was of course carried. Mr. MADISON, Mr. SEDGWICK, and Mr. SITGREAVES, were appointed.

It was then moved that two Chaplains should be named, as usual; which was agreed to.

A motion was next made for referring the PRESIDENT'S Speech to a Committee of the Whole House on the state of the Union. An explanation as to a point of order here took place between Mr. MUHLENBERG and Mr. SEDGWICK. The result was, that the Speech was referred to a Committee of the Whole House to-morrow.

On account of some casual conversation, the SPEAKER then read a rule of the House, which is: “That 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

of."

A committee of three members was appointed to report the unfinished business of last session; and the House adjourned.

THURSDAY, December 10.

FRANCIS PRESTON, from Virginia, appeared was qualified, and took his seat.

COMMITTEE OF CLAIMS.

It was proposed and agreed to appoint a Committee of Claims. Seven members were named. Mr. TRACY, Chairman of the same committee in last Congress, was also first named this day. He rose, and observed, that he had been extremely hard employed last year, and had undergone much trouble about this business of claims. He would therefore, if agreeable to the House, be very glad of being left out of the nomination; and for that reason he objected to the motion.

Mr. SEDGWICK wished the member to continue his services. These claims were now drawing to a conclusion. The task would not probably be so arduous as it had been. He thought that the House could not excuse Mr. TRACY, from his known abilities.

Mr. GILES said, that Mr. TRACY was, perhaps, better qualified than any other member in the House for expediting that business. He had been at much trouble about it, for which the House were obliged to him. It was something of a systematic nature, and new members would not be able to go on it with the same degree of information and experience.

The SPEAKER (Mr. DAYTON) remarked, that he had under the latter idea named the same gentlemen at this time as those who were in the last committee-only two members were not here, viz: Mr. MONTGOMERY and Mr. MEBANE, in the room of whom he had named Mr. HEISTER and Mr. MACON.

Mr. HEATH, a member both of the old and new Committees of Claims, observed that he would very willingly be excused, if the sense of the House were in that way. At the same time, he came to Congress to do his duty and the business of his constituents, and if the House entertained an opinion that he ought to undertake the same office a second time, he had nothing to urge against it.

The House divided on the question, whether Mr. TRACY should be a member of the Committee of Claims. It passed in the affirmative.

Mr. CHRISTIE, another member of the old and new committees, then rose, and observed that, notwithstanding the negative passed on the proposal of Mr. TRACY, he should trouble the House own account. The state of his health required with an application of the same nature upon his that he should ride every morning, and the time necessary for despatching the business of the Committee of Claims put it out of his power to take the requisite exercise. On that account alone he begged the indulgence of the House.

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