The House proceeded to ballot for a Chaplain, when a majority of the votes were found in favor of the Rev. Mr. BLAIR. [OCTOBER, 1791. approbation of the House of the wise and prudent measures he has pursued during their recess, in the execution of the duties committed to his charge; promising A message being received from the Senate, speedy attention to the important and momentous obstating that they were ready to receive the Com-jects recommended to their consideration, and expressmunication from the President of the United ing their approbation of the humane and effectual steps States, the Speaker, attended by the members of taken, under his direction, for the defence of the westthe House, withdrew to the Senate Chamber for the purpose of receiving the same. On the return of the members, the Speaker laid before the House a copy of the Speech delivered by the President, (which will be found in the proceedings of the Senate, ante, page 11.) The Speech was committed to a Committee of the Whole to-morrow. WEDNESDAY, October 26. The following members appeared, presented their credentials, and took their seats: THEODORE SEDGWICK, from Massachusetts; ABRAHAM VENABLE, from Virginia; NATHANIEL MACON, from North Carolina. The SPEAKER laid before the House a Letter from the Treasurer of the United States, accompanying his accounts of the receipts and expenditures of the public moneys, from October 1, 1790, to the 30th of June, 1791; which was read, and ordered to lie on the table. Resolved, That the Rules and Orders of proceeding established by the last House of Representatives, shall be the Rules and Orders of proceeding to be observed in this body, until a revision or alteration of the same shall take place. The President of the United States transmitted to the House, by message, copies of the following Acts, which had been transmitted to him during the recess, viz: "An act passed by the Legislature of New Hampshire, for ceding to the United States the fort and light-house belonging to said State;" ""An act of the Legislature of Pennsylvania, ratifying, on behalf of said State, the first article of amendment to the Constitution of the United States, as proposed by Congress;" and "An act of the Legislature of North Carolina, granting the use of the jails within that State to the United States:" which were ordered to lie on the table. A petition of James Rumsey, by Joseph Barnes, his attorney in fact, was presented to the House and read, praying that the act entitled "An act to promote the progress of useful arts," may be amended, and rendered more effectual for securing to original inventors, property in their respective dis coveries." Ordered, That the petition lie on the table. The House then went into Committee of the Whole, on the President's Speech, Mr. MUHLENBERG in the chair. The Speech being read, Mr. VINING moved a resolution, of which the following is the purport: "Resolved, That it is the opinion of this committee that an Address should be presented to the President of the United States by the House of Representatives, in answer to his Speech, to congratulate him on the prosperous situation of the United States, expressive of the ern frontiers." This resolution was objected to by Messrs. LAURANCE, SEDGWICK, SMITH of South Carolina, and LIVERMORE, upon the principle, that it expressed the sense of the House upon points which required further information and investigation before the House could, with propriety, determine. It was difficult to say, before proper documents were laid before the House, whether the measures adopted for the defence of the western frontiers were the most prudent that could be adopted. It was impossible positively to assert, that the President, in the execution of the duties assigned him in carrying into effect the excise act, had done all for the best. Every member that spoke agreed in exPresident had acted with his wonted prudence pressing his individual opinion, that no doubt the and wisdom in the execution of the trusts reposed in him; but also agreed that it was improper, indeed, it was no compliment paid to the President, to approve, before a formal examination. that so far as circumstances had been made known In answer to these objections it was observed, to the members, relative to the steps taken by the President during the recess of the Federal Legislature, so far they claimed the approbation of the only meant to be given as far as they were inHouse; and that the opinion of the House was formed. It was urged, that the answer of the House should be a candid expression of their feelings; feelings which the prosperous situation of the country undoubtedly called forth, and which the issue of the measures adopted could not fail to excite. solution, which was finally agreed to, as follows: Several modifications were proposed to the re "Resolved, That it is the opinion of this Committee that a respectful Address ought to be presented by the House of Representatives to the President of the United States, in answer to his Speech to both Houses of Congress at the commencement of this session, containing the various and important matters recommended to their assurances that this House will take into consideration attention." of South Carolina, were appointed a committee Mr. MADISON, Mr. LAURANCE, and Mr. SMITH, to prepare an Address, pursuant to the resolution. CONTESTED ELECTION. A resolution which had been laid on the table, contemplating the appointment of a Committee of Contested Elections was taken up. Mr. LIVERMORE was opposed to such an appointment. The Constitution had fixed the mode of judging contested elections, at least to determine, so far, that the House should be the judges of contested elections of their own members. He was of opinion that the forms to be observed in the trial should not be fixed before a case of contested election occurred. He totally disapproved of the OCTOBER, 1791.] Address to the President. [H. of R. It yields us particular satisfaction to learn the success with which the different important measures of the Government have proceeded; as well those specially provided for at the last session, as those of preceding date. The safety of our Western frontier, in which the lives and repose of so many of our fellow-citizens are involved, being peculiarly interesting, your communications on that subject are proportionally grateful to us. The gal idea of delegating to a committee this power of judging, expressly given to them by the Constitution. Such a transfer of power, he conceived, would be as unconstitutional as to delegate a Legislative authority. In the British Parliament, it was true, a committee was made the judge of contested elections; but there was no higher authority there, he observed, to prevent them from delegating this power; when here, the people of the Uni-lantry and good conduct of the militia, whose services ted States had clearly spoken in their Constitution, and determined the judges of the elections. Mr. VINING stated, that his object in wishing the resolution adopted, was to procure expedition, save expense, and secure fairness of decision in determining contested elections. He hoped the Constitution would be no obstacle to the attainment of these desiderata. Perhaps it might be found necessary to leave to the House a final vote, after the work of the committee had been laid before them. were called for, is an honorable confirmation of the effi cacy of that precious resource of a free State. And we anxiously wish that the consequences of their successful enterprises, and of the other proceedings to which you have referred, may leave the United States free to pursue the most benevolent policy towards the unhappy and deluded race of people in our neighborhood. The amount of the population of the United States, determined by the returns of the census, is a source of the most pleasing reflections, whether it be viewed in relation to our national safety and respectability, or as a proof of that felicity in the situation of our country, which favors so unexampled a rapidity in its growth. Nor ought any to be insensible to the additional motive suggested by this important fact to perpetuate the free Government established with a wise administration of it, to a portion of the earth which promises such an increase of the number which is to enjoy those blessings within the limits of the United States. Mr. WHITE clearly saw great inconvenience in permitting cases of contested elections to come directly before the House. The delays and consequent expense of examining witnesses would be very great. He was of opinion that a committee appointed for that purpose should examine the evidences brought forward, arrange them, and lay them in order before the House for their informa- triotic recommendations, and with a deep sense of the We shall proceed with all the respect due to your pation; but then he insisted on the necessity of let-trust committed to us by our fellow-citizens, to take into ting the determination depend upon a vote of the House. consideration the various and important matters falling within the present session; and, in discussing and deBefore any question was taken on the resolu- ciding each, we shall feel every disposition, whilst we tion, it was are pursuing the public welfare, which must be the suOrdered, That a standing Committee of Elec-preme object with all our constituents, to accommodate, tions be appointed. as far as possible, the means of attaining it to the sentiAnd a committee was appointed, of Mr. LIVER-ments and wishes of every part of them. MORE, Mr. BOUDINOT, Mr. GILES, Mr. GERRY, Mr. BOURNE, of Rhode Island, Mr. HILLHOUSE, and Mr. STEELE. THURSDAY, October 27. Mr. MADISON, from the committee appointed, reported an Address to the President of the United States, in answer to his Speech to both Houses of Congress; which was read, and ordered to be committed to a Committee of the whole House immediately. ADDRESS TO THE PRESIDENT. The House accordingly resolved itself into a Committee of the Whole House on the said Address; and, after some time spent therein, Mr. MUHLENBERG reported that the committee had had the said Address under consideration, and made no amendment thereto. Whereupon, it was Resolved, unanimously, That this House doth agree to the said Address, in the words following: SIR: In receiving your Address, at the opening of the present session, the House of Representatives have taken an ample share in the feelings inspired by the actual prosperity and flattering prospects of our country; and whilst, with becoming gratitude to Heaven, we ascribe this happiness to the true source from which it flows, we behold with an animating pleasure the degree in which the Constitution and Laws of the United States have been instrumental in dispensing it. Resolved, That the Speaker, attended by the House, do present the said Address; and that Mr. MADISON, Mr. LAURANCE, and Mr. SMITH, of South Carolina, be a committee to wait on the President to know when and where it will be convenient for him to receive the same. A Message, in writing, was received from the President of the United States, by the Secretary of War, as follows: Gentlemen of the Senate, and of the House of Representatives: I have directed the Secretary of War to lay before you, for your information, the Reports of Brigadier General Scott and Lieutenant Colonel Commandant Wilkinson, the officers who commanded the two expeditions against the Wabash Indians, in the months of June and August last, together with the instructions by virtue of which the said expeditions were undertaken. When the operations now depending shall be terminated, the reports relative thereto shall also be laid before you. G. WASHINGTON. UNITED STATES, October 27, 1791. Ordered, That the information referred to in the said Message do lie on the table. Mr. MADISON, from the committee appointed to wait on the President of the United States, to know when and where it will be convenient for him to receive the Address of this House, in answer to his Speech to both Houses of Congress, Ordered, That a committee be appointed to prepare and bring in a bill or bills for registering ships or vessels, and for regulating those employed in the coasting trade and fisheries; and that Mr. GOODHUE, Mr. FITZSIMONS, and Mr. LEARNED, be of the said committee. The SPEAKER, attended by the House, then withdrew to the house of the President of the United States, and there presented to him the Address of this House, in answer to his Speech to both Houses f Congress; to which the President made the following reply: Gentlemen: [OCTOBER, 1791. following gentlemen appointed: Messrs. WILLIAMsoN, HILLHOUSE, and SEDGWICK. MONDAY, October 31. Several other members, to wit: from Vermont, NATHANIEL NILES and ISRAEL SMITH; from MaryWILLIAM BARRY GROVE; and from South Caroland, UPTON SHERIDINE; from North Carolina, lina, ROBERT BARNWELL-appeared, produced their credentials, and took their seats in the House. Mr. SMITH, of South Carolina, laid on the table a resolution for extending the time allowed for making a return of the census of South Carolina. Mr. SEDGWICK's motion respecting persons who flee from justice, &c., laid on the table last Friday, was committed to Messrs. SEDGWICK, BOURNE (M.) and WHITE. cases of contested elections of members of the House. Messrs. AMES, DAYTON, BROWN, FITZSIMONS, and TUCKER, were appointed a committee to reThe pleasure I derive from an assurance of your at-port a regular and uniform mode of proceeding in tention to the objects I have recommended to you is doubled by your concurrence in the testimony I have borne to the prosperous condition of our public affairs. Relying on the sanctions of your enlightened judgment, and on your patriotic aid, I shall be the more encouraged in all my endeavors for the public weal, and particularly in those which may be required on my part for executing the salutary measures I anticipate from your present deliberations. G. WASHINGTON. A Message was received from the President of the United States, communicating a copy of the Enumeration of the Inhabitants of the United States, agreeable to the Census taken pursuant to a law of the Union. Also, sundry papers from the Governor of Pennsylvania, respecting several persons who have fled from justice from that State to the State of Virginia. The papers were read, and a motion laid on the table by Mr. SEDGWICK, that a committee should be appointed to whom the papers, respecting the persons fleeing from justice, should be referred; with instructions to report a bill or bills, making a general provision in cases of persons charged with felony, treason, or other crimes, who may flee from a State having cognizance thereof, &c. The schedule of the Census was referred to a Committee of the Whole House, and made the order of the day for Monday next. The other papers referred to in the Message of the President received yesterday, were then read, viz: An act of the State of North Carolina, ceding a tract of land for the use of the United States, for the erection of light-houses, and the reports of the commanders on the expeditions against the Indians. On motion of Mr. SEDGWICK, a committee was appointed to bring in a bill to provide for the regulation of the Post Office and Post Roads, consisting of Messrs. LIVERMORE, CLARK, STEELE, BOURNE of Rhode Island, and THATCHER. Mr. WILLIAMSON's motion, for a committee to bring in a bill to amend the act for promoting the progress of the useful arts, was adopted, and the On motion of Mr. SEDGWICK, a committee, consisting of Messrs. WADSWORTH, SMITH, of South Carolina, and SYLVESTER, was appointed to report a bill for the relief of widows and orphans in certain cases. THE CENSUS. The House resolved itself into a Committee of the Whole House on the schedule of enumeration of the inhabitants of the United States. Mr. LAURANCE observed, that there were two objects which presented for the attention of the committee on this occasion; the first, the apporthe situation of the census as it respects the State tionment of the ratio of representation-the other, of South Carolina-both of them important. first-"That till the time of the next enumeration, Mr. L. proposed a resolution in regard to the the number of Representatives shall be one to every thirty thousand inhabitants." He further observed, that the census of South Carolina not limited by law, it remains that some provision on being completed, and returns made within the time that subject should be made; but as he supposed the gentlemen from that State would make a proposition to the House, he should waive any further remarks for the present. He concluded by repeating his motion, that the ratio of representation should be one for every thirty thousand. Mr. LIVERMORE said, he was apprehensive the motion would be premature, till the fate of an amendment to the Constitution proposed to the people, was known; that amendment says that the ratio of representation shall be one to every 30,000 persons, till the number of Representatives amounts to 100; after which the ratio is to be one to 40,000. If this amendment is agreed to, the resolution on the table will contravene its operation; if that amendment is not adopted (and I heartily wish it never may be) we should, on the proposition now moved, have a larger House than that amendment contemplated; he was opposed to so large a number of Representatives as would be consequent on the plan proposed, and concluded by inquiring whether the above amendment had been adopted by the requisite number of the Legislatures? On examination it did not appear that a sufficient number of the States had made returns respecting the amendments to determine the question. [H. or R. TUESDAY, November 1. vented the completion of the census of that State within the time limited by law. A Message was received from the President of the United States, communicating the arrangement made in respect to the division of the United Mr. SEDGWICK said the Constitution had provi- States into districts and surveys, appointment of ded that the number of Representatives should inspectors, and compensations to officers, pursuant not exceed one for every 30,000, but Congress may to the law, laying duties on distilled spirits, &c. increase the number of constituents of each mem- Also, a copy of the presentment of the grand jury ber. He read the result of a calculation of the of the federal court for the district of South Canumber of Representatives which would be re-rolina, in which the causes are stated which preturned on a supposition of there being one to 30, 33, 34, and 40,000 thousand persons. According to the present census, supposing South Carolina to contain 240,000 thousand persons-thirty thousand would give 110-thirty-three, 104; thirty-four, 100; and forty thousand, 82 members. Judging from the sense of the people, so far as it could be collected from what had been done respecting the proposed amendment on this subject, he was of opinion that the ratio which would meet the general approbation was that which would give about one hundred members in the House of Representatives. Mr. LIVERMORE was in favor of a ratio which would give the smallest number that was mentioned by the gentleman last up. These papers being read, the motion of Mr. SMITH, of South Carolina, for allowing further time to complete the enumeration of the inhabitants of South Carolina, was taken into consideration, and agreed to; and Messrs. SMITH, BOUDINOT, and VENABLE, appointed to report a bill accordingly. Mr. MUHLENBERG, of the committee appointed to report such Standing Rules and Orders as may be proper to be observed by the House, brought in a report; which was read, and laid on the table. Mr. BOURNE, of Rhode Island, moved the following resolution : Mr. WHITE said, that the general sentiment of the people was perhaps more fully known on the That the Secretary of the Treasury be directsubject before the committee, than on any other ed to lay before the House, the amount of the that can come before them. Among the objec-subscriptions to the public loan, made pursuant to the tions to the Constitution, the smallness of the react making provision for the public debt, as well in the presentation was very generally objected to. An evidences of the domestic debt of the United States as increase of the number of this House is expect- that remains unsubscribed; also, such measures as he those of the debts of the respective States; the amount ed. It has been said by the enemies of the Consti- may think expedient to be adopted to complete the obtution that Congress will never consent that thereject of the law." shall be a Representative for every 30,000 persons. The time is now come when the question is to be determined; and I hope, said Mr. W., that Congress will act with the utmost liberality on the occasion; and that they will not diminish the number of Representatives. Mr. DAYTON Considered the subject in a different light from the gentleman last speaking. He supposed the sense of the people at the present day was opposed to a great increase of the number of Representatives. He thought that one to 40,000 persons would give the most eligible number, but was willing to meet the gentleman half way, and moved to insert the word five between "thirty" and "thousand," in the resolution. Mr. WHITE explained himself as referring particularly to the time when the Constitution was adopted. Mr. SENEY observed, that the subject was too important, in his opinion, to come to a sudden decision upon, especially as many of the members of the House had not arrived. He moved, therefore, that the committee should rise, report, and ask leave to sit again. The committee accordingly rose. A memorial of Joseph Ceracchi, a Roman sculptor, was presented and read, proposing to execute a monument to perpetuate American Independence. Laid on the table. This resolution was agreed to. THE PRESIDENT'S SPEECH. The House then proceeded to the order of the day on the President's Speech. The Speech being read by the Clerk Mr. SEDGWICK said, that the last session of Congress, the House of Representatives, by the appointment of committees, to which almost every object of discussion in the President's Speech was referred, so far monopolized the public business, that during great part of the session, the Senate had very little to attend to. He thought it of importance that a similar interference should be avoided the present session. He then recapitulated the principal objects recommended to the attention of Congress in the Speech; and informed the House it had been intimated to him that the Senate proposed to take into consideration_the subjects of the Mint, Weights and Measures, Consuls, election of President and Vice President, and the establishment of Land Offices. The House, therefore, if they thought proper, might avoid a primary discussion of these subjects, and employ their deliberations on other important parts of the Speech. Some of these the House had already provided for, by the appointment of committees, others remained to be attended to; among these, the reference in the Speech to the excise law, he thought of very material consequence, and accordingly moved that a committee should be appointed to take into consideration that part of the President's Speech which relates to the carrying that law into execution, and to report such circumstances in the law, as may, with consistency, be so altered as to remove any well-intentioned objections against it; also to ascertain and report whether there exists a due proportion between the duties on foreign spirits and those of domestic manufacture. Mr. BOUDINOT observed, that it struck him as an impropriety for the House to receive any information from the Senate, except through an appointed medium; this informal mode, if it was allowed, would be a bad precedent, and productive of great embarrassment; the difficulty which has been mentioned might be avoided by the appointment of a joint committee-which he thought to be the most eligible mode. Mr. SEDGWICK replied, that he meant only to convey to the House the information he had received, which he supposed was of importance; he had no intention of establishing a precedent. Mr. LAURANCE called for the reading of the Speech; which being read, committees were appointed on the several articles, as before stated. Mr. SEDGWICK's motion occasioned considerable debate. Mr. STEELE moved an amendment, by inserting the Secretary of the Treasury, in lieu of a committee. This officer, he observed, was more competent than any other person to give information on the subject, as he had paid the most minute attention to the operation of the law. Prejudices, he said, were entertained against the Secretary, on account of his having originally drafted the law; these prejudices he wished to be removed, as he was well satisfied that it was the wish of the House, as well as of the Secretary, that every reasonable objection against the law should be removed. The motion for a reference to the Secretary was supported by Mr. WHITE, Mr. LAURANCE, Mr. GERRY, Mr. SMITH, (S. C.,) Mr. AMES, and Mr. WILLIAMSON. Mr. SEDGWICK contended for a committee. He was supported by Mr. VINING, Mr. PARKER, Mr. BOUDINOT, and Mr. GOODHUE. On this side of the question it was urged, that there was a manifest impropriety and want of respect in referring any part of the President's Speech, or a law of the Union, to the Head of any particular Department; that the information to be derived from the Secretary would of course be received by a committee, and by them be communicated to the House. The present subject involved considerations that should arrest the particular attention of the Legislature, as they only were competent to decide upon them. The motion has reference to the rate of duties, and the House was certainly the most competent to judge of and estimate the public taxes. After some further debate, Mr. SEDGWICK withdrew his proposition; and a motion by Mr. AMES, [NOVEMBER, 1791. for a reference to the Secretary of the Treasury for information respecting any difficulties in the execution of the law, was agreed to. The business of offices for the sale of vacant lands within the territory of the United States, being considered as particularly connected with revenue, a committee of the House was appointed to prepare and report a bill or bills on that subject. WEDNESDAY, November 2. A petition of John Torrey, of the Common wealth of Massachusetts, was presented to the House and read, praying to be reimbursed a sum of money which he has been compelled to pay for wagonage on account of the United States, during the late war. Referred to the Secretary of the Treasury. Mr. GILES called up a memorial from the officers of the Virginia line, and other papers relative thereto, which were communicated by the President, to the late Congress, but not acted upon. The papers being read, he laid on the table the following resolution: "That so much of the Message and Communications from the President of the United States to both Houses, on the 17th of January last, as relates to the bounty lands granted to the officers and soldiers of the Virginia line on the Continental establishment, be referred to a select committee, to examine the matter thereof, and report the same, with their opinion thereon, to the House." On motion of Mr. DAYTON, it was resolved, that the Secretary of the Treasury be directed to report to the House, whether any and what alterations in favor of the spirits which shall be distilled from articles of the growth or produce of the United States, or from foreign articles within the same, can, in his opinion, be made in the excise law, consistently with its main design, and with the maintenance of the public faith. Mr. GILES laid on the table a motion, that the Secretary of the Department of War should be instructed to lay before the House an accurate statement of all balances of pay which appear, by the books of his office, to be due to the officers and soldiers of the late army of the United States, and which either remain unclaimed, or have been claimed but not paid; together with the reasons for withholding payment from those who may have respectively entered their claims therefor. Mr. VINING laid on the table a motion for the appointment of a committee, to report a bill or bills, to establish a uniform system of bankruptcy throughout the United States. Mr. DAYTON laid on the table a motion, that the Board of Commissioners for settling the accounts between the United States and individual States, be directed to report to the House what progress they have made in such settlement; and their opinion as to the prospect which the present state of the business affords of its speedy and final conclusion. Mr. GERRY, from the committee to whom was referred the memorial of the Sheriff of Suffolk county, in the State of Massachusetts, made a re |