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agreed to-yeas 69; when the House concurred in the whole report as amended. It was as follows: Rules and Orders for conducting business in the House
of Representatives of the United States. First.-Touching the duty of the Speaker. He shall take the chair, every day, precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order, and, on the appearance of a quorum, shall cause the Journal of the preceding day to be read.
He shall preserve decorum and 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 be) say Aye," and, after the affirmative voice is expressed, "as many as are of a contrary opinion, say No." If the Speaker doubts, or a division be called for, the House shall divide; those in the affirmative of the ques
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 perdecide on the case, but without debate. If there be no mitted to explain, and the House shall, if appealed to, If the decision be in favor of the member called to order, appeal, the decision of the Chair, shall be submitted to. 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 on the same question, without leave of the House, nor more than once, until every member choosing to speak shall have spoken.
dressing the House, none shall walk out of, or across the Whilst the Speaker is putting any question, or ad
tion 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 mem-House; nor, in such case, or when a member is speaking, bers, one from each side, to tell the members in the af- shall entertain private discourse; nor, whilst a member firmative, which being reported, he shall then name is speaking, shall pass between him and the Chair. 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.
No member shall vote on any question, in the event of which he is immediately and particularly interested; or, in any 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.
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 elected 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 When a motion is made and seconded, it shall be is required to compose or complete the committee shall stated by the Speaker, or, being in writing, it shall be have an equal number of votes, the House shall pro-handed to the Chair, and read aloud by the Clerk be
ceed to a further ballot or ballots.
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 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.
In all cases where other than members of the House may be eligible to any office, by the election of the House, there shall be a previous nomination.
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 the 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 for the previous question, to postpone it indefinitely, to postpone it to a day certain, to lie on the table, to commit it, to amend it, 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 All acts, addresses, and joint resolutions, shall be the main question be now put ?" It shall only be adsigned by the Speaker; and all writs, warrants, or sub-mitted when demanded by five members; and, until it pœnas, 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 the galleries or lobby, the Speaker (or Chairman of the Committee of the whole House) shall have power to order the same to be cleared.
No person shall be admitted within the lobby or lower gallery but members of the Senate, officers of the General Government, foreign ministers, and such as are introduced by the Speaker, or some other member of the House.
Stenographers shall be admitted, and the Speaker shall assign such places to them on the floor as shall not interfere with the convenience of the House.
is decided, shall preclude all amendment and further debate of the main question.
On a previous question there shall be no debate. When a question is postponed indefinitely, the same shall not be acted upon again during the session. 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 pleasure 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 a motion has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof.
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 last preceding 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.
If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member, who shall have spoken twice on the preceding day, 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.
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A Committee of Elections, a Committee of Claims, a Committee of Commerce and Manufactures, a Committee of Ways and Means, a Committee on the Public Lands-to consist of seven members each.
A Committee of Revisal and Unfinished Business, and a Committee of Accounts.-to consist of three members each.
It shall be the duty of the Committee of Elections 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 petitions, and other matters touching elections and returns, as shall, or may be, presented, or come in question, and be referred to them by the House.
It shall be the duty of the said Committee of Claims to take into consideration all such petitions and matters or things touching claims and demands on the United States, as shall be presented, or shall or may come in question, and be referred to them by the House, and to report their opinion thereupon, together with such propositions for relief therein, as to them shall seem expedient.
Petitions, memorials, and other papers, addressed to the House, shall be presented by the Speaker, or by a member in his place; a brief statement of the contents thereof shall verbally be made by the introducer, and shall not be debated or decided on the day of their being first read, unless where the House shall direct other-be wise; but shall lie on the table, to be taken up in the order they were read.
Any fifteen members (including the Speaker, if there be 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
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 again be 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 expenses of such special
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 thereof, 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 travelling expenses of himself, or a special messenger, going and returning, one tenth of a dollar per mile.
Seven standing committees shall be appointed at the commencement of each session, viz:
It shall be the duty of the said Committee of Commerce and Manufactures to take into consideration all such petitions and matters or things touching the commerce and manufactures of the United States, as shall presented, or shall or may come in question, and be referred to them by the House, and to report, from time to time, their opinion thereon.
and Means to take into consideration all such reports of It shall be the duty of the said Committee of Ways the Treasury Department, and all such propositions relative to the revenue, as may be referred to them by the House; to inquire into the state of the public debt; of the revenue and of the expenditures; and to report, from time to time, their opinion thereon; to examine into the state of the several public departments, and particularly into the laws making appropriations of moneys, and to report whether the moneys have been disbursed conformably with such law; and also to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the departments, and the accountability of their officers.
It shall be the duty of the said Committee on the Public Lands to take into consideration all such petitions, and matters or things, respecting the lands of the United States, as shall be presented, or shall or may come in question, and be referred to them by the House; and to report their opinion thereupon, together with such propositions for relief therein, as to them shall seem expedient.
It shall be the duty of the said Committee of Revisal and Unfinished Business to examine and report what laws have expired, or are near expiring, and require to be revived, or further continued; also, to examine and report, from the Journal of the last session, all such matters as were then depending and undeter mined.
It shall be the duty of the said Committee of Accounts to superintend and control the expenditure of the contingent fund of the House of Representatives, and to audit and settle all accounts which may be charged thereon; and, also, to audit the accounts of the members for their travel to and from the seat of Government, and their attendance in the House.
No committee shall sit during the sitting of the House, without special leave.
The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office to
the best of his knowledge and abilities, and shall be deemed to continue in office until another be appointed. It shall be the duty of the Clerk of the House, at the end of each session, to send a printed copy of the Journals thereof to the Executive, and to each branch of the Legislature of every State.
Whenever confidential communications are received from the President of the United States, the House shall be cleared of all persons, except the members and the Clerk, and so continue during the reading of such communications, and (unless otherwise directed by the House) during all debates and proceedings to be had thereon. And when the Speaker, or any other member, shall inform the House that he has communications to make, which he conceives ought to be kept secret, the House shall, in like manner, be cleared till the communication be made; the House shall then determine whether the matter communicated requires secrecy or not, and take order accordingly.
All questions relating to the priority of business to be acted on, shall be decided without debate.
Every bill shall receive three several readings in the House previous to its passage; and all bills shall be despatched in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be twice read on the same day, without special order of the House.
The first reading of a bill shall be for information, and, if opposition be made to it, the question shall be, "Shall this bill be rejected?" If no opposition be made, or if the question to reject be negatived, the bill shall go to its second reading without a question.
Upon the second reading of a bill, the Speaker shall state it as ready for commitment or engrossment; and if committed, then a question shall be, whether to a select or standing committee, or to a Committee of the whole House; if to a Committee of the whole House, the House shall determine on what day. But, if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time. After commitment and report thereof to the House, or at any time before its passage, a bill may be recommitted.
All bills ordered to be engrossed shall be executed in a fair round hand.
entered by the Clerk on a separate paper, as the same shall be agreed to by the committee, and so reported to the House. After report, the bill shall again be subject to be debated, and amended by clauses, before a question to engross it be taken.
All amendments made to a report, committed to a Committee of the whole House, shall be noted and reported as in the case of bills.
All questions, whether in committee or in the House, shall be propounded in the order in which they were moved; except that, in filling up blanks, the largest sum, and longest time, shall be first put.
No motion or proposition for a tax, or charge upon the people, shall be discussed the day on which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the whole House.
No sum, or quantum of tax, or duty, voted by a Committee of the whole House, shall be increased in the House, until the motion or proposition for such increase shall be first discussed and voted in a Committee of the whole House; and so in respect to the time of its continuance.
All proceedings, touching appropriations of money, shall be first discussed in a Committee of the whole House.
The rules of proceeding in the House shall be observed in a Committee of the whole House, so far as they may be applicable, except the rule limiting the times of speaking; but no member shall speak twice to any question until every member, choosing to speak, shall have spoken.
No standing rule or order of the House, shall be rescinded without one day's notice being given of the motion therefor.
Joint Rules and Orders of the two Houses.
In every case of an amendment of a bill agreed to in one House, and dissented to in the other, if either House shall request a conference and appoint a committee for that purpose, and the other House shall also appoint a committee to confer, such committees shall, at a convenient hour, to be agreed on by their chairmain, meet in the Conference chamber, and state to each other, verbally or in writing, as either shall choose, the reasons of their respective Houses for and against the amendment, and confer freely thereon.
When a message shall be sent from the Senate to the House of Representatives, it shall be announced at the door of the House by the Doorkeeper, and shall be respectfully communicated to the Chair by the person by whom it may be sent.
The same ceremony shall be observed when a message shall be sent from the House of Representatives to the Senate.
When a bill shall pass, it shall be certified by the Clerk, noting the day of its passage at the foot thereof. Messages shall be sent by such persons as a sense of propriety in each House may determine to be proper. Fourthly-Of Committees of the Whole House. While bills are on their passage between the two It shall be a standing order of the day, throughout Houses, they shall be on paper, and under the signathe session, for the House to resolve itself into a Com-ture of the Secretary or Clerk of each House, respectmittee of the whole House on the state of the Union.
In forming a Committee of the whole House, the Speaker shall leave his chair, and a chairman, to preside in committee, shall be appointed by the Speaker.
Upon bills committed to a Committee of the whole House, the bill shall be first read throughout by the Clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of the bill shall not be defaced or interlined; but all amendments, noting the page and line, shall be duly
After a bill shall have passed both Houses, it shall be duly enrolled on parchment by the Clerk of the House of Representatives, or the Secretary of the Senate, as the bill may have originated in the one or the other House, before it shall be presented to the President of the United States.
When bills are enrolled, they shall be examined by a joint committee of one from the Senate, and two from the House of Representatives, appointed as a
standing committee for that purpose, who shall carefully compare the enrolment with the engrossed bills, as passed in the two Houses, and correcting any errors that may be discovered in the enrolled bills, make their report forthwith to the respective Houses.
After examination and report, each bill shall be signed in the respective Houses, first by the Speaker of the House of Representatives, then by the President of
After a bill shall have been thus signed in each House, it shall be presented by the said committee to the President of the United States for his approbation, it being first endorsed on the back of the roll, certifying in which House the same originated; which endorsement shall be signed by the Secretary or Clerk (as the case may be) of the House in which the same did originate, and shall be entered on the Journal of each House. The said committee shall report the day of presentation to the President, which time shall also be carefully entered on the Journal of each House.
All orders, resolutions, and votes, which are to be presented to the President of the United States for his approbation, shall also, in the same manner, be previously enrolled, examined, and signed, and shall be presented in the same manner and by the same committee as provided in case of bills.
H. OF R.
in the mode therein stated; that no division of the said Territory may take place; and that the citizens thereof may be permitted to form a State government as soon as their population will permit the measure.
Also, a petition of sundry purchasers of land settled, and intending to settle, on that part of the Indiana Territory west of Ohio, and east of the boundary line running from the mouth of Kentucky river, praying that the said tract of country may be added to and made part of the State of Ohio.
Ordered, That the said petitions be severally referred to the committee last appointed; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.
Mr. VARNUM, from the committee appointed on the sixth instant, presented a bill establishing rules and articles for the government of the armies of the United States; which was read twice and committed to a Committee of the Whole on Friday next.
Mr. TENNEY, from the Committee of Revisal which was read, and ordered to lie on the table. and Unfinished Business, made a further report; Mr. TENNEY, from the same committee, pre
When the Senate and House of Representatives shall judge it proper to make a joint address to the President, it shall be presented to him in his audience cham-sented a bill to revive and continue in force an ber by the President of the Senate, in the presence of the Speaker and both Houses.
WEDNESDAY, December 18.
An engrossed bill for the relief of Theodorick Armistead was read the third time, and passed. Mr. FINDLEY, from the Committee of Elections, to whom was referred, on the ninth instant, the petition of Thomas Spalding, of the State of Georgia, complaining of an undue election and return of Cowles Mead, one of the members returned to serve in this House for the said State of Georgia, made a report thereupon; which was read, and ordered to be committed to a Committee of the whole House on Monday next.
On motion, it was
act, entitled "An act to suspend, in part, an act, entitled 'An act regulating foreign coins, and for other purposes; which was read twice, and committed to a Committee of the Whole tomorrow.
A petition of certain actual settlers on lands lately sold by Congress, as pre-emption lands, lying between the Miamies, in the State of Ohio, was presented to the House and read, praying a remission of interest, and an extension of the terms of payment for their lands.-Referred to the Committee on Public Lands.
On motion of Mr. SOUTHARD,
Resolved, That a committee be appointed to inquire whether any and if any, what alterations are necessary in the act respecting the compensation to grand and other jurors summoned to serve in the Courts of the United States.
Ordered, That the report of a select committee, made the 17th of February, 1804, on a letter of William H. Harrison, President of a Convention Mr. SOUTHARD prefaced this motion by stating held at Vincennes, in the Indiana Territory, de- that he had been informed that jurors in the dif claring the consent of the people of the said Ter-ferent Courts of the United States received various ritory to a suspension of the sixth article of com- compensations. pact between the United States and the said people; also, on a memorial and petition of the inhabitants of the said Territory; be referred to Mr. GARNETT, Mr. MORROW of Ohio, Mr. PARKE, Mr. HAMILTON, Mr. SMITH of South Carolina, Mr. WALTON, and Mr. VAN CORTLANDT.
A petition of the Legislative Council and House of Representatives of the Indiana Territory was presented to the House and read, praying that the introduction of slaves into the said Territory may be permitted by Congress; that the right of suffrage therein may be enlarged; that the salt licks and springs in the said Territory may be ceded to them on certain conditions; that a certain description of claimants to land, in the said Territory, may be permitted to make entry thereof |
On motion of Mr. THOMAS the House resolved itself into a Committee of the Whole on the bill "supplementary to the act entitled an act regulating the grants of land appropriated for the refu gees from the British Provinces of Canada and Nova Scotia."
This bill directs the following locations of land and patents to be granted:
"To Charlotte Hazen, widow of Moses Hazen, sixteen hundred acres; Elijah Ayre, senior, one thousand acres; Elijah Ayre, jun., three hundred and twenty acres; and Anthony Burk, two hundred and fifty acres.'
Mr. THOMAS explained the grounds on which this bill is predicated, in virtue of inexecuted resolutions of the old Congress; when the Committee rose and reported it without amendment; in
H. OF R.
which report the House immediately concurred, States. He read the provisions of that act, and and ordered the bill to a third reading to-morrow. observed that they did not contain a word respectMr. MORROW presented a petition, of a very in ing the militia, or those who acted under the teresting nature, from Francis Messonier. a native order of States. He could not see the propriety of France; stating that from numerous experi- of placing on the pension list those who acted ments made by him, in the vicinity of Cincinnati, under the authority of the States. There might in the State of Ohio, he believes he will be able be some bodies who had been ordered out by parto cultivate the vine with complete success; that ticular States, who so far from being recognised the experiments made have issued in results equal by the General Government, had been called out to his most sanguine expectations; that he believes in contravention of their orders. It would, Mr. he will be able to supply wines of a quality equal G. thought, be very extraordinary to place such to those of France competent to the demand of men on the pension list of the United States. He the State at one fourth of the price of imported believed that all proper objects who had been wines; that the fever and ague, so prevalent on drawn out under State orders, were on State penthe western waters, is, in his opinion, greatly ow- sion lists. If these men were set afloat by this ing to the inability of the people, from the exor-act, they might at this late day, owing to the difbitant price of wine, to consume it in connexion ficulty of collecting proper evidence, be left withwith the bark; that he is convinced that the bot-out remedy. toms of Ohio are as favorable to the cultivation of the grape as the hills of France; and soliciting either the grant, or the sale on an extended credit of section 29, in township No. 3, range 9, on Mad river, a situation which he considers singularly favorable to a vineyard.
Referred to the Committee of Commerce and Manufactures.
REVOLUTIONARY PENSIONERS. On motion of Mr. JOHN C. SMITH the House resolved itself into a Committee of the Whole, on the bill "in addition to an act to make provision for persons that have been disabled by known wounds, received in the actual service of the United States, during the Revolutionary war.
The Committee having passed through the bill, reported it without amendment.
Ths House immediately took up the report; and on the question to engross the bill for a third reading,
Mr. ALSTON asked for information with regard to a new principle which appeared to him to be contained in the first section. He observed that it was unknown to him whether the United States had ever placed volunteers or militia on their pension list If this had not heretofore been done, and it should be done at this late period, he did not know where the business would end. It would be nowise difficult for any person to bring forward some kind of evidence of a disability received in the Revolutionary war, by showing that he had performed some service or other. With regard to those at present on the pension list of the States it would be extremely difficult for them to produce the evidence required by this law; and the States might after the passage of this bill sweep from their list pensioners of the description contemplated in the bill. Unless a proper expla nation of these circumstances were made, Mr. A. said he could not vote for the bill.
Mr. JOHN C. SMITH said that the bill under consideration was precisely similar to one which had, at the last session. been agreed to in the House, and had been ordered to be engrossed for a third reading; but which had not been conclusively acted upon. He observed that he had never been very tenacious of the principle on which gentlemen had animadverted; though he believed that the wounds received by the description of persons referred to had been as serious to them, and as important to their country, as those received by soldiers in the actual service of the United States. It had been remarked that some of the States had made provision for this description of persons. Whether this was, or was not the case, be did not know. But if gentlemen would advert to the act of 1796, they would find a provision made for commissioned and non-commissioned officers and privates of the militia who had been in the service of the United States since the Revolutionary war. The principle in this bill was the same with that in the bill passed in 1796. In that instance the militia had been called out for the general service under the authority of particular States. Congress then thought proper to provide for such a case. Mr. S. did not know anything which made it less proper to provide for similar cases which had occurred during the Revolutionary war. It was true that the provision would be applicable to but a few individuals, but this could not affect their claims to the justice of their country. How far this provision might operate unequally, especially on States who had already made provision for their militia, he did not know. He was not acquainted with the facts alluded to. He was perfectly willing that the bill should lie, until correct information should be obtained.
Mr. MARION hoped the words would not be struck out. He perceived no real difference between the claims of the militia and of those in regular service. It was true that some States bad Mr. GREGG moved to strike out the words rela-made provision for their militia. But every State tive to the making provision for persons disabled in the militia, or acting under the authority of a particular State. He said that he thought it a forced construction of the act of 1803 to extend its provision to those persons employed in the militia service or who acted under particular
in the Union ought to bear the burden of the wat equally; it ought not to fall exclusively on those States which had been invaded, and whose militia had consequently been the most exposed. Although such States had made a provision, it was more consonant to equity and justice that the