H. or R.] Contested Election-President's Speech-Rules of the House. [DECEMBER, 1795. Mr. TRACY attested that Mr. CHRISTIE had exerted himself very considerably to accelerate the business of the claims. He knew that the gentleman had suffered much in his health by that means. He should be very sorry to lose him as an assistant, for he had attended almost constantly last winter to the business. Sometimes want of health had indeed compelled him to be absent. The House agreed to the request of Mr. CHRIS A message was received from the Senate, announcing the election of the Right Rev. Bishop WHITE as Chaplain on its part. Mr. W. SMITH presented a petition for Edmund Hogan, requesting to be admitted as Stenographer to the House. Mr. SMITH also moved that a committee should be appointed to receive proposals on that subject. Mr. W. SMITH, Mr. GILES, and Mr. SWIFT, were appointed a committee to this effect. CONTESTED ELECTION. Mr. SITGREAVES presented a petition for John Richards, of the county of Montgomery, claiming a seat in the House. He had, as he alleged, been legally elected, but James Morris, who is since dead, had obtained the return as member. Mr. S. moved that the petition be referred to the Committee on Elections. The motion was agreed to. Also a petition of Burwell Bassett, of the State of Virginia, complaining of an undue election and return of John Clopton, to serve as a member of this House, for the said State. Referred to the Committee of Elections. After the reception of several petitions of a private nature, the House went into a Committee of the Whole on the state of the Union, Mr. MUHLENBERG in the Chair. PRESIDENT'S SPEECH. Mr. W. SMITH presented a set of resolutions, in substance as follows: "Resolved, as the opinion of this Committee, that more effectual provision ought to be made for organizing, disciplining, and arming, the Militia of the United States. "Resolved, as the opinion of this Committee, that further provision ought to be made for the security of the frontiers, and for protecting the Indians against cer tain lawless inhabitants of the frontier. "Resolved, as the opinion of this Committee, that provision should be made for supplying the necessities of the Indians in times of peace. "Resolved, as the opinion of this Committee, that inquiry ought to be made whether further means should be provided to reinforce the provisions heretofore made for the extinction of the Public Debt. "Resolved, as the opinion of this Committee, that an inquiry ought to be made into the state of the Mint, and whether any further provisions are necessary in that department. Mr. GILES thought it better to let these resolutions lie on the table for this day. He thought some of the resolutions required evidence before the House proceeded on them. Mr. W. SMITH said, that the resolution for organizing the militia did not require evidence. Mr. SWANWICK moved an additional resolution, which was for inquiring into the present situation of the American Navy. It was a point on which he felt himself extremely interested. Mr. BALDWIN made some remarks, wherein he alluded to the awkward outset of the House last session. They had been for three weeks before they could get at the papers laid on the table before them. He did not wish to see the House in the same situation, or to make such a beginning again. Mr. GOODHUE saw no use for hastening the resolutions on the Committee just now. The Committee rose. The CHAIRMAN reported that they had made some progress, but had come to no resolution. Mr. SWANWICK then moved that the resolutions read in the Committee on the state of the Union should be printed. He said that it was difficult for members to form an opinion upon them, without they had an opportunity of reading them. The SPEAKER observed, that as they were only read in the Committee, and not regularly before the House itself, to print them would be against order. Mr. W. SMITH did not see the necessity for this rule. Mr. MACON objected to taking up the resolutions at all. He supposed them to be bottomed on the PRESIDENT'S Speech, on which there is an order for a Committee of the Whole House. It would thence be improper to proceed with them till the Speech itself had been discussed. Mr. HILLHOUSE was of pinion that there was no occasion for being in such a hurry with printing the resolutions. The SPEAKER repeatedly observed that this whole conversation was irregular and improper, because there was in reality no question before the House. He informed them that there was now a motion to adjourn. This was made by Mr. SMITH. Mr. SEDGWICK wanted him to withdraw it. He refused; and the House, at half after twelve o'clock, adjourned. DECEMBER, 1795.] Chaplain-The Mint-Address to the President. [H. OF R. deration of members, and referred to a Committee to be committed to the Committee of the Whole of the Whole House. This was agreed to, and, on another motion, Monday was appointed for taking them up. CHAPLAIN TO THE HOUSE. House on the state of the Union. THE MINT. A letter, enclosing some papers, was received from Mr. TIMOTHY PICKERING, Secretary of State. This communication regarded the Mint. It was of the Union. It was next moved and resolved to proceed to the choice of a Chaplain. The SPEAKER directed | moved to be referred to the Committee on the state H. or R.] the House to prepare their ballots. Mr. HILLHOUSE said that it would first be proper to make, as on former occasions, a nomination. The House consented, and Mr. HILLHOUSE named Dr. Ashbel Green. The SPEAKER then reminded the House that any other gentleman was at liberty to make what other nomination he should think fit. Mr. GILES and Mr. W. SMITH were appointed tellers. Sixtythree were in favor of Dr. Green, besides seven scattering votes. He was declared duly elected. After transacting some other ordinary business, the House adjourned to Monday next, at 11 o'clock. MONDAY, December 14. Two other members, to wit: from Pennsylvania, THOMAS HARTLEY, and from Virginia, AnTHONY NEW, appeared, produced their credentials and took their seats. Mr. GILMAN, from the committee appointed to examine the Journal of the last session, and to report therefrom 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; which was read, and ordered to lie on the table. Mr. VENABLE, from the Standing Committee of Elections, reported, that the committee had, in part, examined the certificates and other credentials of the members returned to serve in this House, and had agreed to a report; 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 an account of the receipts and expenditures of the United States, for the year one thousand seven hundred and ninety-four; which were read, and ordered to lie on the table. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanied with estimates of the sums necessary to be appropriated for the service of the year one thousand seven hundred and ninety-six; also, statements of the application of certain sums of money granted by law; which were read, and ordered to lie on the table. The SPEAKER laid before the House a Letter from the Secretary of War, accompanying sundry statements and reports relative to the present military force of the United States; to the measures which have been pursued to obtain proper sites for arsenals; to the measures which have been taken to replenish the magazines and military stores; to the measures which have been taken for opening a trade with the Indians; and to the progress made in providing materials for the frigates, and in building them; which were read, and ordered Mr. HILLHOUSE wished to know what it was about. The Clerk read the letter to the PRESIDENT, from Mr. WILLIAM HENRY DE SAUSSURE, late Director of the Mint, which stated it will, if properly supplied with bullion, be able to make a million and an half of dollars, in silver, and an equal value of bullion, in the course of a year, with as much copper as shall be necessary for circulation. The price price of copper has risen, and from causes that are expected to be permanent. He therefore hinted that it might perhaps be proper to reduce the weight of the cent, to prevent its being melted down. The second paper read was a memorial from Mr. ELIAS BOUDINOT, present Director of the Mint, dated 3d of December current. Hestated various circumstances, from which the operation of coinage is, at present, in a state of suspense. The papers were referred to the Committee on the state of the Union, and, on motion by Mr. BOURNE, were ordered to be printed. ADDRESS TO THE PRESIDENT. Mr. MADISON, from the select committee appointed to draftan Address in answer to the Speech of the PRESIDENT, made a report, which was read by the Clerk. Mr. GILES moved that the usual number of copies of the Address should be printed for the use of the members. Mr. SEDGWICK objected, but with some degree of hesitation, because he could not distinctly charge his memory as to the accuracy of the circumstance which he was going to relate. It ran in his memory, that, on some former occasion, similar to the present, a printer got hold of one of these Addresses, printed for the use of members. He had published it, and some improper consequences ensued, but of which Mr. SEDGWICK had not a distinct recollection. He was rather averse to printing the draft of the Address, though he was not disposed to give the proposal a direct negative. Mr. GILES considered the printing of such drafts as having been a common practice. Mr. PARKER said, that if the Address was to be considered as the work of the House, it would be improper to print it, because their only business then was to wait upon the PRESIDENT with it. But as it was only the production of a select committee, it should be printed, that the members might read it, before they adopted it as their own. With every proper feeling of respect for the gentlemen of that committee, he could not give up his own opinion. He hoped that the draft would be referred to a Committee of the Whole House, and when once corrected, and given in to the PRESIDENT, then let it be published as coming from the House. No member, from only hearing it Private Claims-Rules of the House. read by the Clerk, would be able to tell whether or not he approved entirely of its contents, so that it was requisite to print it, before the House could be sure that they understood it. Mr. GILES wished to learn, from the Clerk of the House, what the practice of the House hitherto had been. It appeared that the usual practice was to print, but that it was sometimes departed from. Mr. W. SMITH said that it was wrong to divulge to the public the particular sentiments of the gentlemen who drew up the sketch of the Address. It was unfinished, and as such, if printed for the use of the members, it might be printed in the newspapers, a natural or probable effect. Mr. SWANWICK recommended the printing. Mr. PARKER, in reply to Mr. W. SMITH, hoped that nothing would ever be done in the House tending to infringe the freedom of the press. The public are entitled to know the sentiments of the Committee individually, as well as of the House collectively. one Mr. TRACY said that the draft of the Address had indeed been last year printed for the use of members. But it had been agreed, without dissenting voice, that to print it in the newspapers would not be right. Nay, when he himself had in the House expressed apprehensions on that head, a printer of one of the papers had taken him up in a reply, and assured him that the printers of Philadelphia had too much value for the time of their readers to publish any paper which they knew to be incomplete, and on the point of being perfected. As to the liberty of the press, which the member last up had spoken about, it might be in greater danger now than last year, but he was not acquainted with its being so. It was then unanimously agreed to print this paper for the use of the members; and, on motion of Mr. PARKER, it was referred to a Committee of the Whole House. To-morrow was agreed upon for taking it up. PRIVATE CLAIMS. On a motion from Mr. TRACY, the House took up a report from the Committee of Claims, which was read, and which stated, that at the rising of last session, many petitions had never been examined, from their having been presented at so late a period, that time was wanting to go through with them. The report closed with recommending the adoption of a resolution, the substance of which was, that these unexamined claims be recommended to a new Committee of Claims. This recommendation was agreed to. RULES OF THE HOUSE. A motion was made that the House should go into Committee of the Whole, on the report from the Select Committee on the Standing Rules and Orders of the House. This was accordingly done, Mr. MUHLENBERG in the Chair. The Chairman inquired if it was the pleasure of the Committee that this report should be read over again, as a printed copy was already in the hands of every gentleman. It was the sense of the House that the report should be read over [DECEMBER, 1795. again, which was done, partly by the Chairman, and partly by the Clerk of the House. The following clause was the first in any ways objected to: "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 SPEAKER, (Mr. DAYTON,) did not under stand thoroughly the intent of this clause. A member explained that formerly the custom had been to read any paper as often as it was desired by a member. The consequence was found to be, that papers of more length than importance had been read over and over again, in the course of a session, to the great waste of time. The rule in question was one of those of last session. The SPEAKER replied that papers had sometimes been read, which, as it appeared afterwards, had much better not have been read at all. He referred to a particular instance in the last session. He, therefore, highly approved the idea of the Committee, but objected that it did not go far enough. He, on this account, proposed to strike out the words in italicks, by which means, if the paper was of an improper description, even a first reading would be prevented. The member, if he has any doubts, may communicate its contents to some other gentleman, previous to his laying it before the House, and, if it appears improper, the nature of its contents being thus indirectly con veyed, members can easily form their minds, with out the trouble of reading it. Mr. GILES approved the proposition of Mr. DAYTON, which was agreed to by the Committee. The words in italicks were thus to be struck out. Mr. W. SMITH moved to strike out the follow ing clause: "No committee shall sit, during the sitting of this House, without special leave." Mr. SMITH had no objection to the rule, if the House seriously intended to adopt and enforce it; but if they did not, it was diminishing the respect due to the House. It was entirely improper to make rules, knowing that they would be broken. He moved to strike out the clause only that he chose might obtain the sense of the House whether they We might as to adhere to the rule or not. well have no rules as not observe them. Mr. MUHLENBERG remarked that the Committee on Enrolled Bills, from the nature of their business, can only sit while the House itself is sitting. Mr. KITCHELL said that if the House were to have no rules made, but such as were never broken, they would have no rules at all, for he believed that they never made a rule, which was not transgressed on some occasion or other. He was for keeping in the clause. Mr. DAYTON was for leaving it in the power of the SPEAKER to send for committees into the House when they might be wanted. Excepting as to the case of Enrolled Bills, already noticed by the Chairman, others very seldom had occasion to sit, while the House was sitting. But when such a DECEMBER, 1795.] Rules of the House. [H. OF R. necessity happened, there was no doubt that the might be wanted, were it only to take care of the permission would be granted. Mr. W. SMITH, Mr. MURRAY. and Mr. GILES, said a few words, and, in the end, Mr. SMITH Withdrew his amendment. Another rule was read, which directs clearing the House of all persons, except the members and the Clerk, when confidential communications are received from the PRESIDENT. Mr. W. SMITH inquired why the Sergeant-at-Arms was not, as formerly, to be admitted. Mr. MURRAY replied that the committee had not thought his presence essentially necessary. No motion was made on this subject. The reading of the Rules was then finished. The Committee rose, and the Chairman reported that there had been one amendment adopted. The House then took up the rules. One of them hath these words: "A Sergeant-at-Arms shall execute the commands of the House, from time to time, either by himself or a special messenger, to be by him appointed for that purpose." fire. Mr. SEDGWICK said that then there would be occasion to make him swear an oath of secrecy, and to form a rule to that effect. The proposal was negatived. The rules were then, on motion, agreed to by the House, as follows: STANDING RULES AND ORDERS OF THE First. Touching the Duty of the Speaker. 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 a discretionary power of going idle, and hiring ed, "As many as are of a contrary opinion, say No." another person to do his business. He proposed, If the Speaker doubts, or a division be called for, the as an amendment, to add these words, "or in case of sickness." Mr. HILLHOUSE objected to the words in italics, as they now stand, because they give the Sergeant be) say Ay;" and after the affirmative voice is express Mr. VENABLE preferred, as an amendment, to strike out all the words in italics. Mr. HILLHOUSE had once thought of that; but be recollected that the Sergeant might be sent to Georgia to arrest a member. After proceeding three fourths of the way, he falls sick; and not being able to proceed further himself, nor having time at such a distance to consult the House, the result will be that, unless he is qualified to appoint a delegate in his room, the orders of the House will not be executed. Mr. VENABLE still thought it better to leave out the clause, than suffer a Sergeant-at-Arms to appoint an officer for that House. The words were, on a motion to that effect, struck out. Another clause was for appointing a Committee of Commerce. On motion, it was agreed to add the words and Agriculture. One of the rules is in these words: "No petition to controvert the election of a member returned to serve in this House, shall be received, unless the same be presented within fifty days after the member petitioned against shall take his seat." Mr. GILES wished to hear a reason for this re 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 electrequired ed, 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 subpœnas, 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 striction, in point of time, from any of the gentle- the gallery or lobby, the Speaker, (or Chairman of the men, who were on the committee that framed the report before the House. He had doubts of its propriety. Mr. SEDGWICK Inclined to think that the rule should be expunged. It was a delicate matter to pass restrictions, wherein they might be personally interested. The clause was struck out. Mr. GOODHUE objected that the Doorkeeper should not be excluded from the House during the reading of confidential communications. He 4th CON.-6 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 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 plea sure 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, 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. [DECEMBER, 1795. 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 insufficient 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 Sergeant-at-Arms shall be appointed, to hold his office during the pleasure of the House, whose duty it shall be to attend the House during its sitting; to execute the commands of the House, from time to time, together with all such process issued by authority there of, as shall be directed to him by the Speaker. The fees of the Sergeant-at-Arms shall be, for every arrest, the sum of two dollars; for each day's custody and releasement, one dollar; and for traveling expenses of himself, or a special messenger, going and returning, one-tenth of a dollar per mile. Four standing committees shall be appointed at the commencement of each session, viz: A Committee of Elections, a Committee of Claims, a Committee of Commerce and Manufactures-to consist of seven members each: And a Committee of Revisal and Unfinished Business to consist of three members. It shall be the duty of the said Committee of Elections to examine and report upon the certificates of election |