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from abroad, and laying others in their stead; and also, upon spirits distilled within the United States, and for appropriating the same," which was made to this House on Tuesday, the 6th instant, be committed to a Committee of the Whole House on Tuesday next.

SATURDAY, March 17.

The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanying his report on the petition of the Ministers and Trustees of the Lutheran church in Rheland township, Chester county, in the State of Pennsylvania; also, on the petition of the Wardens of the Calvinist church, in Vincent township, in the county and State aforesaid; and on the petition of the Corporation of Trustees of the public Grammar school and Academy of Wilmington, in the State of Delaware; 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 his report concerning the additional supplies requisite for the ensuing year, made pursuant to a resolution of the House of the 8th instant; which was read, and ordered to be committed to a Committee of the Whole House on Friday next.

The SPEAKER laid before the House a Letter from the Attorney General of the United States, enclosing his report on the petition of Andrew Jackson; which was read, and ordered to lie on the table.

Ordered, That a committee be appointed to prepare and bring in a bill or bills to amend an act entitled "An act to provide more effectually for the collection of duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," so far as to permit the landing of salt, under certain regulations, at warehouses belonging to the several fisheries, and to allow a drawback on the exportation of salted provisions equal to the duty that is paid on the salt used in preserving the same; and that Mr. WILLIAMSON, Mr. KEY, and Mr. PARKER, be the said committee.

APPORTIONMENT BILL.

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Clark, Thomas Fitzsimons, Elbridge Gerry, Nicholas
Gilman, Benjamin Goodhue, James Gordon, Thomas
Hartley, Israel Jacobs, Aaron Kitchell, John W. Kitte-
ra, John Laurance, Amasa Learned, Samuel Liver-
more, Nathaniel Niles, Cornelius C. Schoonmaker,
Theodore Sedgwick, Jeremiah Smith, Israel Smith,
John Steele, Peter Sylvester, George Thatcher, Thomas
Tredwell, John Vining, and Jeremiah Wadsworth.

NAYS.-John Baptist Ashe, Abraham Baldwin, Ro-
B. Giles, Andrew Gregg, Samuel Griffin, William Barry
bert Barnwell, John Brown, William Findley, William
Grove, Daniel Heister, James Hillhouse, Daniel Huger,
Philip Key, Richard Bland Lee, Nathaniel Macon,
James Madison, John Francis Mercer, Andrew Moore,
Frederick Augustus Muhlenberg, John Page, Josiah
Parker, Joshua Seney, William Smith, Samuel Sterrett,
Jonathan Sturges, Thomas Sumpter, Thomas Tudor
Tucker, Abraham Venable, Alexander White, Hugh
Williamson, and Francis Willis.

said bill were then severally read; and, on the The other amendments of the Senate to the question put thereupon, disagreed to by the House. the Senate on the subject-matter of_the_said Resolved, That a conference be desired with amendments; and that Mr. MADISON, Mr. FINDLEY, Mr. HILLHOUSE, Mr. SMITH, of South Carothe said conference, on the part of this House. lina, and Mr. BALDWIN, be appointed managers at

MONDAY, March 19.

A petition of John Macpherson, setting forth that he has discovered an infallible method of ascertaining the longitude, to a degree of precision far beyond any former discovery; and praying that Congress will enable him to prove his theory by experiments in a voyage to France.

Ordered, That the said petition do lie on the table.

A message from the Senate informed the House that the Senate agree to the conference proposed by this House, on the subject-matter of the amendments disagreed to by this House to the bill entitled "An act for an Apportionment of Representatives among the several States, according to the first Enumeration, and making provision for another Enumeration and an Apportionment of Representatives thereon, to compose the House of The House proceeded to consider the amend- Representatives after the 3d day of March, 1797," ments proposed by the Senate to the bill entitled and have appointed managers at the said confer"An act for the Apportionment of Representatives ence on their part. The Senate recede from among the several States, according to the first some, and insist on other of their amendments Enumeration, and making provision for another disagreed to by this House to the bill entitled Enumeration, and an Apportionment of Represent-"An act for the relief of certain widows, orphans, atives thereon, to compose the House of Repre-invalids, and other persons." The Senate have sentatives, after the 3d day of March, 1797." Whereupon, the first amendment being read, and the question put, that this House doth agree to the same, as follows:

Section first, between the words "of", and "members," insert "one hundred and twenty:"

It passed in the negative-yeas 30, nays 31, as follows:

YEAS.-Fisher Ames, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham

also passed a bill entitled "An act to erect a lighthouse on Montauk Point, in the State of New York;" to which they desire the concurrence of

this House.

A message from the Senate informed the House. that the Senate have passed the bill entitled "An act providing for the settlement of the claims of persons under particular circumstances barred by the limitations heretofore established," with several amendments; to which they desire the concurrence of this House.

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GEORGIA CONTESTED ELECTION. The House then resumed the consideration of a further decision on the contested election, in the case of the petition of JAMES JACKSON, complaining of an undue election and return of ANTHONY WAYNE, one of the members returned to serve in this House for the State of Georgia; and, a motion being made and seconded, that the House do come to the following resolution:

"Resolved, That the petitioner, JAMES JACKSON, is entitled to a seat in this House, as a member for the lower district of the State of Georgia; and that the right of petitioning against the election of the said JAMES JACKSON be reserved to all persons, at any time during

the term for which he was elected."

Debate thereon ensued; when an adjournment being called for, the several orders of the day were further postponed until to-morrow.

TUESDAY, March 20.

A bill sent from the Senate, entitled "An act to erect a light-house on Montauk Point, in the State of New York," was read twice and committed.

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act providing for the settlement of the claims of persons, under particular circumstances, barred by the limitations heretofore established ;" and the same being read, were agreed to.

The House proceeded to reconsider the amendments proposed by the Senate to the bill, entitled "An act for the relief of certain widows, orphans, invalids, and other persons," which were disagreed to by this House and insisted on by the Senate; whereupon,

Resolved, That this House doth recede from their disagreements to the said amendments, and doth agree to the same.

GEORGIA CONTESTED ELECTION.

The House resumed the consideration of the motion made yesterday, on the contested election in the case of the petition of JAMES JACKSON, COmplaining of an undue election and return of ANTHONY WAYNE, one of the members returned to serve in this House for the State of Georgia.

Mr. W. SMITH proposed the following resolution, viz:

"That the seat of ANTHONY WAYNE, as a member of this House, is vacant; and that notice be served on the Executive of the State of Georgia, in order that he may issue a writ for a new election."

[MARCH, 1792.

Mr. GILES supported this motion by a train of judicious and well applied arguments, drawn from the precedents of the British Government; he particularly mentioned the Middlesex election, when Mr. Wilkes was expelled the House of Commons, for having been tried and found guilty of an abominable libel; in which case a writ for a new election was issued, because there was not then any other candidate: but when afterwards there was a candidate set up against Mr. Wilkes, the House of Commons did not order a new writ to issue, they declared the other candidate duly elected, having previously decided that Mr. Wilkes was ineligible to a seat in the House. This, although it may not be reckoned exactly a case in point, comes something near to the Georgia elecwhich Mr. G. quoted, he thought the House would tion; and from this and a variety of other cases, be highly justifiable in declaring Mr. JACKSON duly elected, and therefore entitled to a seat in the House of Representatives. Mr. G. further observed, that the consequence of not agreeing to the resolution he had the honor to propose, would be a disavowal of the right of the judicial powers of the House in cases where they were to decide on the qualifications of their own members; and it would be transferring those powers to the Executives of the States, if Mr. SMITH's motion should obtain.

Mr. W. SMITH rose to oppose Mr. GILES's motion, and entered into a very extensive chain of argument on the rights of election, the powers of Congress, the danger of foreclosing the chair of the sitting member, should he desire to impeach the validity of the petitioner's election; the want of reciprocity that would ensue from an adoption of the resolution; the danger of so bad a precedent; the deprivation of the rights of Georgia to hold a new election to fill the vacancy, &c., &c. He also quoted almost all the cases of contested elections in Great Britain, and drew inferences from each in favor of his own opinion. He said the business before the House was not to take cognizance of Mr. JACKSON's right to a seat, it had been no more than to investigate the legality of Mr. WAYNE's seat, which was now decided in the negative; it was not a contest between Mr. WAYNE and Mr. JACKSON, but an inquiry into a return.

Mr. GILES proposed to amend his motion, by adding these words, "and that the right of petitioning against the said election (of JAMES JACKSON) be preserved to all persons, &c., within the time for which he was elected."

Mr. MADISON replied generally to all the reaThis motion was objected to as not being suffi-soning of the gentlemen who had gone before him ciently comprehensive to express the sense of the House. On the contrary, it seemed to be intended to prevent the introduction of a resolution which was proposed by Mr. GILES, viz:

"Resolved, That James Jackson is entitled to a seat

in this House."

To both of those motions several amendments, substitutes, &c., were proposed; and Mr. GILES's motion was modified so as to read thus:

"Resolved, That JAMES JACKSON is duly elected, and, therefore, entitled to a seat in this House."

in this business; he mentioned the general rule, that whosoever had a majority of sound votes was the legal Representative; he then recited the several exceptions to this rule, and expatiated on the quoted by Mr. GILES and Mr. W. SMITH, he menlex parliamentaria. In addition to the cases tioned one wherein corruption appeared in both candidates, and the seat was adjudged to him who had the greatest number of sound votes; but this, he said, was not a case exactly in point: he therefore believed it would be necessary to decide the present one agreeably to the Constitution and

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right reason. He had ventured an opinion for-
merly upon an occasion of this kind, and he would
now confess that if the House could, conformably
to reason, precedents, or convenience, admit the
petitioning member to a seat, he believed that they
ought to do it, in order to fill up the chasm in the
House, so far as relates to the representation and
interest of the State of Georgia. He differed in
opinion with those who had argued that the peti-
tioner had not claimed his seat; and even admit-
ting he had done so, or that he would resign or
refuse to accept it, still the House are bound to
declare and establish his right.
The House now adjourned.

WEDNESDAY, March 21.

A petition of sundry merchants of the State of Rhode Island, trading to India and China, was presented to the House and read, praying that teas imported from Europe in vessels the property of citizens of the United States, may be subjected to the same duties and regulations as teas imported from India in vessels belonging to citizens of the United States. Ordered, that the said petition be referred to the Committee of the Whole House on the state of the Union.

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necessary to an investigation had not been yet before the House, as no other evidence had been adduced but such as was thought necessary to vacate the contested seat; consequently, the evidence admitted in one case cannot be admitted in the other; and if Congress proceed in the question now under consideration, they must do it without the cognizance of Georgia, and without any return by them made in favor of the petitioner. Besides, it will be doing an essential injury to the sitting member, should it appear that he had a majority of votes exclusive of all the illegal ones, as it will be precluding him from all redress, to declare the petitioner the sitting member.

Mr. B. also quoted the case of the Maryland election of Mr. PINKNEY, who had resigned; yet the next candidate in number of votes was not declared; a new election was held. Upon the whole, after considerable time spent in reasoning nearly on similar grounds with those of Mr. W. SMITH, he concluded by declaring that he was apprehensive the House would be acting rather precariously should they attempt any decision at present on the resolution proposed.

Here Mr. BOUDINOT proposed to read a paper in his place, containing information which he said was necessary to support the opinions he had adOrdered, That the report of the Attorney Gene-vanced, and which paper went to prove that there

ral on the petition of Andrew Jackson, be committed to Mr. CLARK, Mr. STEELE, and Mr. LIV

ERMORE. T

Ordered, That the Message, of yesterday, from the President of the United States, be committed to Mr. WHITE, Mr. LAURANCE, and Mr. SMITH, of South Carolina, with instructions to report thereon by way of bill or bills.

was not a majority of votes in favor of the petitioner after deducting the illegal votes. Several members opposed the reading of these papers, and some asked why these papers had not been produced on the trial? To this it was replied by Mr. W. SMITH, that this testimony was not then necessary; it was also observed, that in case Mr. WAYNE's testimony should prove so many illegal votes against Mr. JACKSON, that, after all the bad votes were left out on both sides, it should appear that Mr. WAYNE had a majority notwithstanding, the House would be driven into a dilemma, for it might be demanded of them to declare his election legal after the House had already declared it illegal. Under these circumstances, it was judged improper to produce the evidence proposed to be The House resumed the consideration of the read by Mr. BOUDINOT; and he accordingly withmotion on the contested election in the case of the drew it, and proceeded to make some further obpetition of JAMES JACKSON, complaining of an un-servations on the impropriety of agreeing to the due election and return of ANTHONY WAYNE, one of the members returned to serve in this House for the State of Georgia.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act for fixing the compensation of the Doorkeepers of the Senate and House of Representatives in Congress;" to which they desire the concurrence of this House.

GEORGIA CONTESTED ELECTION.

motion under consideration.

Mr. LIVERMORE expressed some regret at the situation into which the House was driven in this business. He quoted the election laws of Britain, and drew several inferences therefrom, as the only precedents that could enable Congress to form a

ought to be paid to the election law of Georgia. From the whole of his arguments, it appeared that unless a majority of votes in favor of Mr. JACKSON had been returned to the Governor, and from him transmitted officially to the Speaker, &c., he could not suppose him entitled to a seat.

Mr. BOUDINOT rose to deliver his opinion; previous to which, he thought proper to recapitulate most of the circumstances which have come into view, before the House, from the time of receiv-judgment. He also observed that special regard ing Mr. JACKSON's petition to the present time, of declaring whether he is, or is not, entitled to the seat in the House of Representatives. He took particular notice that there were only two candidates for the lower district of Georgia; no third candidate had been set up. Hence, as there were only two, and one of them has been proved to be illegally elected, it remains to be decided whether the other be entitled to his seat. He observed, that in three of the counties the whole of their elections were null and void; and that, with respect to the others, all the evidence which would be

Mr. HILLHOUSE was of opinion that, until such time as Congress enacted a law for regulating elections, there was no other rule to go by than the laws of the States; under this impression, he joined in opinion with Mr. LIVERmore.

The question being now taken that this House

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It passed in the negative-yeas 29, nays 29the House being equally divided.

And Mr. SPEAKER declaring himself with the nays-the yeas and nays, as demanded by one-fifth of the members present, were as follows:

YEAS.-John Baptist Ashe, Abraham Baldwin, John Brown, Abraham Clark, William Findley, Elbridge Gerry, William B. Giles, Andrew Gregg, Samuel Griffin, William Barry Grove, Daniel Heister, Israel Jacobs, Richard Bland Lee, Nathaniel Macon, James Madison, Andrew Moore, Nathaniel Niles, John Page, Josiah Parker, Cornelius C. Schoonmaker, Joshua Seney, Jeremiah Smith, Samuel Sterrett, Jonathan Sturges, Thomas Sumpter, Thomas Tredwell, Abraham Venable,

and Francis Willis.

[MARCH, 1792.

Mr. SMITH, of South Carolina, from the committee to whom was referred the petition of Henry Laurens, made a report; which was read, and ordered to lie on the table.

Mr. LIVERMORE, from the committee to whom was referred the petition of George Turner, one of the Judges of the Territory Northwest of the River Ohio, made a report; which was read, and ordered to lie on the table.

The SPEAKER laid before the House a Letter from the Secretary of State, on the subject of a report on the commerce and navigation of the United States with foreign nations; which was read, and ordered to lie on the table.

A memorial of Benjamin Stiles, in behalf of himself and his associates, was presented to the House and read, praying that the contract between the United States and John Cleves Symmes may be so far varied, as to include the purchase made by the memorialist and his associates of the said Symmes, and to quiet them in their title and possession of the same.

Ordered, That the said memorial do lie on the table.

NAYS.-Fisher Ames, Robert Barnwell, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Thomas Fitzsimons, Nicholas Gilman, Benja- The House resolved itself into a Committee of min Goodhue, James Gordon, Thomas Hartley, James the Whole House, on the report of the committee Hillhouse, Daniel Huger, Philip Key, Aaron Kitchell, to whom was referred the memorial of the DirectJohn W. Kittera, John Laurance, Amasa Learned, Sam-ors of the Ohio Company of Associates; and, after uel Livermore, Frederick Augustus Muhlenberg, Theo- some time spent therein, the Committee rose, and dore Sedgwick, William Smith, John Steele, Peter Syl- had leave to sit again. vester, George Thatcher, Thomas Tudor Tucker, Jeremiah Wadsworth, Artemas Ward, and Alexander

White.

Resolved, That the seat of ANTHONY WAYNE, as a member of this House, is, and the same is declared to be, vacant.

Ordered, That the SPEAKER transmit a copy of the preceding resolution, and of this order, to the Executive of the State of Georgia, to the end that the said Executive may issue writs of election to fill the said vacancy.

the part of this House, to attend a conference with Mr. MADISON, from the managers appointed on ments depending between the two Houses, to the the Senate on the subject-matter of the amendbill, entitled "An act for an Apportionment of Reto the first Enumeration, and making provision for presentatives among the several States according another Enumeration, and an Apportionment of Representatives thereon, to compose the House of Representatives, after the 3d day of March, 1797," reported that the managers had, according to order, attended to that duty, and that, after offering the reasons for disagreement on the part of this House, A memorial of sundry public creditors, who and hearing those which were offered by the maloaned money to the United States between Sep-nagers on the part of the Senate in answer theretember, 1777, and March, 1778, was presented to the House and read, praying that the modification of their claims, suggested in the Report of the Secretary of the Treasury, made to the present session on the subject of the public debt, may be adopted. Referred to the Committee of the Whole House on the Report of the Secretary of the Treasury on the Public Debt.

THURSDAY, March 22.

The bill sent from the Senate, entitled "An act for fixing the compensations of the Doorkeepers of the Senate and House of Representatives in Congress," was read the first time.

The House resolved itself into a Committee of the Whole House, on the Report of the Secretary of the Treasury, on the subject of the Public Debt; and, after some time spent therein, the Committee rose, and had leave to sit again.

Mr. WILLIAMSON, from the committee appointed, presented a bill for ascertaining the bounds of a tract of land purchased by John Cleves Symmes; which was received, read twice, and committed.

to, several propositions, offered by the managers on the part of this House, for accommodating the said disagreement, not being acceded to by the managers on the part of the Senate, they had mutually determined to separate from the said conference without agreement.

A message from the Senate informed the House, that the Senate insist on their amendments disagreed to by this House to the bill, entitled “An act for an Apportionment of Representatives among the several States according to the first Enumeration, and making provision for another Enumeration, and an Apportionment of Representatives thereon, to compose the House of Representatives after the 3d day of March, 1797."

FRIDAY, March 23.

The House proceeded to consider the report of the committee to whom was referred the petition of George Turner, one of the Judges of the Ter

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ritory of the United States Northwest of the River Ohio. Whereupon,

Resolved, That the laws of the Territory Northwest of the Ohio be printed under the inspection of the Secretary of State, and delivered to the Governor and Judges, to be distributed for the information of the inhabitants; that the official duties of the Secretary of the said Territory be under the control of the laws of the Territory; that the Governor and Judges have power to repeal their laws, if found to be improper; that a single Judge, in the absence of the other Judges, be authorized to hold a Court; that the Secretary of State provide seals for the said Territory; that the military power be subordinate to the civil power; that the limitation act, passed by the Governor and Judges of said Territory the 28th day of December, 1788, ought to be repealed by Congress; that certain expenses incurred by two of the Judges in purchasing a boat to carry the Judges and soldiers, as an escort on the circuit, and also for sending an express, amounting to -; ought to be paid by the United States.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. LIVERMORE, Mr. LAURANCE, Mr. WHITE, Mr. WILLIAMSON, and Mr. SMITH, of South Carolina, do prepare and bring in the same.

A message from the Senate informed the House, that the Senate have passed a bill, entitled "An act for altering the times of holding the Circuit Courts in certain districts of the United States, and for other purposes;" to which they desire the concurrence of this House.

A petition of Christian George Elholm was presented to the House and read, stating that he had discovered the cause of the motions and variation of the magnetic needle, and praying the patronage of Congress to aid him with the means of making experimental proofs and demonstration of his theory; or that he may now receive compensation as the survivor of five captors, who, during the late war, took and captured one hundred and eleven British regulars, one hundred and twenty-seven stand of arms, five armed vessels, mounted with thirty-six four-pounders, and manned with forty sailors, together with swivels, provisions, and other articles, all which were delivered for the use of the Army.

Ordered, That the said petition, so far as it respects a claim for services rendered during the late war, be referred to the Secretary of War, with instruction to examine the same, and report his opinion thereupon to the House.

The House proceeded to consider the Report of the Secretary of the Treasury, on the petition of the Trustees of the Grammar School and Academy of Wilmington, in the State of Delaware. Whereupon,

Ordered, That the said report and petition be referred to Mr. VINING, Mr. MERCER, and Mr. ASHE; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

A message from the Senate informed the House, that the Senate have passed a bill, entitled "An

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act supplementary to the act for making further and more effectual provision for the protection of the frontiers of the United States;" to which they desire the concurrence of this House.

The said bill was read twice and committed. The House resolved itself into a Committee of the Whole House, on the bill for ascertaining the bounds of a tract of land purchased by John Cleves Symmes; and after some time spent therein, Mr. SPEAKER resumed the Chair, and Mr. SENEY reported that the Committee had had the said bill under consideration, and made no amendment thereto. Ordered, That the said bill be engrossed, and read the third time to-morrow.

The House resolved itself into a Committee of the Whole House, on the bill for finishing the lighthouse on Baldhead, at the mouth of Cape Fear river, in the State of North Carolina; and, after some time spent therein, Mr. SPEAKER resumed the Chair, and Mr. SENEY reported that the Committee had had the said bill under consideration, and made no amendment thereto.

Ordered, That the said bill be engrossed, and read the third time to-morrow.

The House proceeded to consider the report of the committee to whom were referred the petitions of the merchants of the cities of New York and Philadelphia, importers of teas. Whereupon,

Resolved, That, for all teas imported into the United States since the 3d day of March, 1791, the duties whereon shall have been bonded, payable in one year, it shall be lawful for the officers of the customs to whom such bonds were given, to cancel the same, and to take other bonds in lieu thereof, payable in two years, (from the time of the importation of the teas for which the same is given): Provided, That such teas are deposited with the proper officer, agreeably to the provisions of the act of the 3d of March, 1791.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. LAURANCE, Mr. FITZSIMONS, and Mr. GERRY, do prepare and bring in the same.

APPORTIONMENT BILL.

The House proceeded to reconsider the amendments proposed by the Senate, which were disagreed to by this House and insisted on by the Senate, to the bill for an Apportionment of Representatives among the several States according to the first Enumeration, and making provision for another Enumeration, and an Apportionment of Representatives thereon, to compose the House of Representatives after the 3d day of March, 1797. Whereupon,

The question being taken, that this House doth recede from their disagreement to all the said amendments, it was resolved in the affirmativeyeas 31, nays 29, as follows:

YEAS-Fisher Ames, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman, Benjamin Goodhue, James Gordon, Thomas Hartley, Israel Jacobs, Aaron Kitchell, John W. Kittera, John Laurance, Amasa Learned, Samuel Livermore,

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