CHAP. IV. 1st Congress. 1st Session. Executive Departments-Officers, &c. Noes-Messrs. Cadwalader, Coles, Gerry, Grout, Hathorn, Huntington, Livermore, Mathews, Page, Parker, Partridge, Van Amend- Rensselaer, Sherman, Smith, of South Carolina, Sturges, Sumpthe House, ter, Tucker, White.-18. ments in Read the 1789. It was then moved further to amend the bill, by striking out H.Journal, the words "to be removable from office by the President of the P. 51, 52. United States," in the first enacting clause. This was the motion which caused the debate in committee, to which reference has been made, and the decision of the committee was now reversed, the question being determined in the affirmative, as follows: Ayes-Messrs. Ames, Baldwin, Benson, Brown, Burke, Clymer, Noes-Messrs. Boudinot, Cadwalader, Carroll, Contee, Fitzsi- The bill was then ordered to be engrossed and read a third time. Id. p. 52. third time, On the 24th it received the third reading, and the question being and passed. then put, on its passage, was determined in the affirmative, as Id. p. 52, Acted on ed in Se nate. follows: Ayes-Messrs. Ames, Benson, Boudinot, Brown, Burke, Cadwalader, Carroll, Clymer, Contee, Fitzsimons, Gilman, Goodhue, Griffin, Hartley, Heister, Huger, Lawrance, Lee, Madison, jr., Moore, Muhlenberg, Schureman, Scott, Sedgwick, Seney, Sinnickson, Silvester, Trumbull, Vining.-29. Noes-Messrs. Coles, Gerry, Grout, Hathorn, Huntington, Jackson, Leonard, Livermore, Mathews, Page, Parker, Partridge, Van Rensselaer, Sherman, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Sumpter, Thatcher, Tucker, White.-22. 53. 42. The bill was then sent to the Senate, where it received the s. Journal, and amend- first reading on the 25th, but was not taken up for the second p. 37, 41, reading until the 14th of July, when it produced a debate, which continued during the 15th, 16th, and 17th. On the last named day, it was agreed to expunge, in the first line, the words "Congress of the United States," and to insert "Senate and House of Representatives of the United States of America, in Congress assembled," and the bill was then ordered to the third reading. On the 18th the bill was again considered. Previously to any question CHAP. IV. 1st Session. and Executive Departments-Foreign Affairs. 1st Congress. being put, the Senate adopted an order that, in taking the yeas where the Vice-President is called upon to vote, the secretary propose to him the question. It was then moved to strike out of the bill these words, page 3d, line 15th, "by the President of the United States," and the yeas and nays being required thereupon by one fifth of the Senators present, it was determined as follows: Bill passed Yeas-Messrs. Few, Grayson, Gunn, Johnson, Izard, Langdon, Nays-Messrs. Bassett, Carroll, Dalton, Elmer, Henry, Morris, The numbers being equal, the Vice-President decided the ques- 1789. A motion was then made to strike out the following words:"Line 4th. Such duties as shall, from time to time, be enjoined on, or intrusted to him by the President of the United States, agreeably to the Constitution, relative to correspondences, commissions, or instructions, to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers, or other foreigners, or to such other matters, respecting foreign affairs, as the President of the United States shall assign to the said department. And, furthermore, that the said principal officers shall conduct S. Journal, the business of said department, in such manner as the Presi- p. 42, 43. dent of the United States shall, from time to time, order or in struct.' "And in lieu thereof, to insert as follows: the duties of his office with integrity, ability, and diligence.' This question, also, was decided in the negative. A motion to strike out of line 13th, these words, "To be appointed by the said principal officer," was likewise determined in the negative. It was then agreed to expunge the proviso in lines 17th, 18th, and 19th, as follows:-" Provided, nevertheless-That an appointment of such chief clerk shall be valid, until the same shall have been approved by the President of the United States." The question was then put on concurring in the bill, as now by Senate. amended, and was decided in the affirmative, by the following vote: Yeas-Messrs. Bassett, Carroll, Dalton, Ellsworth, Elmer, CHAP. IV. 1st Congress. 1st Session. House concur. Motion for supplementary bill. Executive Departments-Foreign Affairs-War. Nays-Messrs. Few, Grayson, Gunn, Johnson, Izard, Lang don, Lee, Maclay, Wingate.-9. 1789. The House of Representatives, on the 20th, considered and H. Journal, agreed to the amendments. .63. p. 6 On the 23d of July, it was moved, in the House of Repre- H. Journal, sentatives, "That a committee be appointed to bring in a bill P. 65. supplementary to the act for establishing the department of foreign affairs, declaring that department to be hereafter denominated ; and that the principal officer in that department shall have the custody of the records and seal of the United States; and that such bill do contain provision for the fees of office, to be taken for copies of records; and further provision for the due publication of the acts of Congress, and other matters relating to the premises, as the committee shall deem necessary Rejected. to be reported to this house." This motion was rejected. WAR DE. On the 24th, the House of Representatives, in committee of H. Journal, PARTMENT. the whole, considered the bill for establishing an executive de- p. 53, 54. partment, to be denominated the Department of War, and having gone through the same, reported several amendments, which were agreed to on the following day, and the bill was ordered to Bill passed be engrossed for the third reading. The bill was read the third 51. by House. time on the 27th, and was passed, and sent to the Senate, where s. Journal, Nays-Messrs. Carroll, Dalton, Ellsworth, Elmer, Henry, Amended The Senate then concurred in the bill, with the following Id. p. 52. by Senate. amendments: "Line 1. After Be it enacted by the,' strike out Congress of the United States,' and insert Senate and House of Representatives of the United States of America, in Congress assembled.' "Line 3. After war,' strike out and.' Strike out by reason of,' and insert, 'for.' CHAP. IV. 1st Congress. 1st Session. Executive Departments-Treasury. " Line 16. Strike out, Provided, nevertheless-That no appointment of such chief clerk shall be valid, until the same shall have been approved by the President of the United States.' 1789. These amendments being communicated to the House of ReHouse con- presentatives on the 5th of August, were there considered and H. Journal, agreed to. cur. TREASURY p. 72. The House of Representatives, on the 25th of June, delibe- Id. p. 54. DEPART rated, in committee of the whole, on the bill establishing an ex MENT. 49, 50. ecutive department, to be denominated "the Treasury Department;" and resumed the subject on the 29th and 30th, when Id. p. 55, several amendments were reported to the house, which were fur- 56. ther amended on the 1st of July, and the bill was then ordered to Id. p. 57. Bill passed be engrossed for the third reading. And, on the 2d, the blanks S. Journal, by House. having been filled up, the bill was read the third time and passed, P. 39. 44. and was sent to the Senate, where it received the first reading on the 6th, and was read the second time on the 21st; the subject of the second reading was resumed on the 29th, and 30th; and, on the 31st, the bill was further considered and discussed, Acted on. on the question of the third reading. A motion to strike out, at the end of the first paragraph, the words "and an assistant to the secretary of the treasury," was rejected; as, also, was a motion to strike out the words "secretary of the treasury," and to insert "three superintendents of the treasury." The bill was then concurred in by the Senate, with the following amend Amend ments: "Page 1, line 5. After treasury,' insert which assistant shall ments of be appointed by the said secretary.' the Senate. "Line 20. Strike out of. Between the words 'debts' and 'due,' insert that are or shall be.' "Page 2, line 3. Between the words 'the' and 'house,' insert 'Senate, and.' "Line 15. Strike out 'three,' and insert 'six.' "Line 20. Strike out 'certify upon,' and insert 'record.' Resolution disagree ing. sist. ence. 66 Executive Departments-Treasury. Page 3, line 5. Strike out these words, 'on conviction, be deemed guilty of a high misdemeanor, shall forfeit the penalty of five thousand dollars, and be for ever incapable of holding any office under the United States; and any other officer, herein mentioned, so offending, shall be removed from office, and pay a fine of two thousand dollars: the forfeitures under this act to go, onehalf to the United States, the other half to him who will sue for it,' and insert these words, 'be deemed guilty of a high misdemeanor, and forfeit to the United States the penalty of three thousand dollars; and shall, upon conviction, be removed from office, and for ever thereafter incapable of holding any office under the United States: Provided-That if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one-half of the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information."" 1789. The House proceeded to consider these amendments of the H. Journal, Senate, on the 3d and 4th of August. On the last named day, P. 70, 71. the following resolution was adopted: "Resolved-That this house doth agree to so much of the eighth of House, amendment as proposes to strike out the following words, in the partially seventh clause of the bill; namely:-The assistant to the secretary of the treasary shall be appointed by the President, and,' and doth disagree to such other part of the said amendment, as proposes to strike out the residue of the clause." On the 5th, Id. p. 72. the other amendments of the Senate were agreed to by the Senate in- House. The Senate, on the same day, adopted a resolution to s. Journal, insist on their eighth amendment, as it was originally passed. On p. 58. Confer the 10th, the House of Representatives resolved to desire a con- H. Journal, ference with the Senate, on the subject matter of the said eighth p. 76. amendment; and Messrs. Madison, Fitzsimons, and Boudinot, were appointed managers on the part of the house. The Se- S. Journal, nate, assenting to the conference, appointed Messrs. Johnson, Lee, p. 58. and Strong, to be their managers. On the 14th, Mr. Johnson Id. p. 59. reported to the Senate that the managers on their part had con'ferred with the committee of the House of Representatives, on H. Journal, the disagreement of the two houses, but could not agree upon a p. 89. report. The report of the managers on the part of the House was made by Mr. Madison on the 24th, when the House adopted a resolution to adhere to their disagreement to so much of the eighth amendment of the Senate, as had been disagreed to by the House, and insisted on by the Senate. The Senate resumed |