DECEMBER, 1805.

TUESDAY, December 17.

Two other members, to wit: from Virginia, MATTHEW CLAY, and from Kentucky, MATTHEW WALTON, appeared, produced their credentials, and took their seats in the House.

Mr. TENNEY made a report in the name of the Committee of Revisal and Unfinished Business.

Mr. GREGG withdrew a motion, made by him a few days since, relative to the disposition of public lands recently acquired from the Indians, under the impression that the subject would of course go to the standing land committee.

On the motion of Mr. GREGG a standing Committee on Public Lands were appointed.

Mr. STANTON moved the following resolution: Resolved, That the Committee of Revisal and Unfinished Business be instructed to inquire into the expediency of suspending, for a limited time, so much of an act regulating foreign coins, and for other purposes, as is contained in the second section thereof, with authority to report by bill or otherwise.

Mr. ALSTON observing that this subject was under the consideration of the Committee of Revisal and Unfinished Business, who would probably soon make a report upon it, the resolution was disagreed to-yeas 29.

Mr. J. C. SMITH, from the Committee of Claims, made a report on the petition of the crew of the late frigate Philadelphia, unfavorable to the peti tioners, which was referred to a Committee of the

Whole to-morrow.

THEODORICK ARMISTEAD.

The House resolved itself into a Committee of

the Whole on the bill for the relief of Theodorick Armistead; on which a debate of about one hour's duration ensued.

The ball was supported by Messrs. CROWNIN

H. of R.

cision should be made on this principle, by which provision would be opened for all similar cases, by taking off the existing restriction on the importation of spirits which precluded their admission in smaller vessels than of ninety gallons.

The friends of the bill declared the case to be an extremely hard one, and explained the peculiar circumstances attending it as we have already stated them on a former day. They represented that delay in this case would be equal to a denial of justice, and would, by the accruing expenses of demurrage, which fell on the petitioner, eat up the value of his brandies; that the general provision alluded to would probably excite much diversity of sentiment, and might, after considerable delay, be rejected.

In the course of the debate Mr. CROWNINSHIELD, alluding to the recent British orders, spoke of them "as novel and strange principles acted on by their courts;" and Mr. NEWTON represented them as "piratical orders issued by the King and Council of Great Britain;" remarking that he could call them by no other name.

After adopting an amendment for securing the payment of the duties, offered by Mr. J. CLAY, the Committee agreed to the bill-nays 27; rose and reported it to the House, who ordered it to be engrossed for a third reading to-morrow.

RULES OF THE HOUSE.

The House again went into Committee of the Whole on the standing rules of the House.

After making a slight amendment in one of the rules, the Committee rose and reported their agreement to the rules, with certain amendments.

The House immediately took up the report. On the amendment offered by Mr. FINDLEY, relative to the appointment of a standing committee respecting the lands of the United States, a debate of some length ensued, in which the amendment was supported by Messrs. GREGG, NICHOLSON, and SMILIE; and opposed by Mr.

BEDINGER.

Mr. BEDINGER suggested his fears, lest a standing committee, vested with the entire business connected with the public lands, should gain such an ascendency over the sentiments and decisions of the House, by the confidence reposed in them, as to impair the salutary vigilance with which it became every member to attend to so interesting a subject.

On the other hand it was contended that the

business of the House would, on this point, be greatly facilitated by the institution of a standing committee, whose decisions would be uniform, who would from a long experience become more would be enabled to despatch the business confided to them with greater celerity.

CREERY; and opposed by Messrs. J. C. SMITH and MACON

The opposition was sustained on the alleged invariable practice of the House. to establish general principles, instead of providing for special As a general principle, which would embrace this case, was pending before the Committee of Commerce and Manufactures, it was contended to be the most proper to wait until a de

The amendment was agreed to-yeas 87. The remaining amendments proposed by the Committee of the Whole were agreed to.

Mr. Early renewed the amendment, offered yesterday by Mr. SMILIE, to preclude all debate on the previous question; whica, after a few remarks from Messrs. EARLY, SMILIE, and VARNUM, was

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 dec.de 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 ex

pressed, "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 question shall first rise from their seats, and afterwards those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name two members, one from each side, to tell the members in the affirmative, which being reported, he shall then name two others, one from each side, to tell those in the negative; which being also reported, he shall rise, and state the decision to the House.

All conmittees 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 is required to compose or complete the committee shall have an equal number of votes, the House shall proceed to a further ballot or ballots.

In all 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.

All acts, addresses, and joint resolutions, shall be signed by the Speaker; and all writs, warrants, or subpœnas, issued by order of the House, shall be under his hand and seal, attested by the Clerk.

In case of any disturbance or disorderly conduct in 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 adinitted 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.

DECEMBER, 1805.

spoken.

Whilst the Speaker is putting any question, or addressing the House, none shall walk out of, or across the House; nor, in such case, or when a member is speaking, shail entertain private discourse; nor, whilst a member is speaking, shall pass between him and the Chair.

No member shall vote on any question, in the event of which he is immediately and particularly interested; or, in any case, where he was not present when the question was put.

Upon a division and count of the House on any question, no member without the bar shall be counted.

Every member who shall be in the House when a question is put, shall give his vote, unless the House, for special reasons, shall excuse him.

When a motion is made and seconded, it shall be stated by the Speaker, or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk before debated.

Every motion shall be reduced to writing, if the Speaker or any member desire it.

After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in 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 the main question be now put?" It shall only be admitted when demanded by five members; and, until it is decided, shall preclude all amendment and further debate of the main question.

On a previous question 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.

Mot ons 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.

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 otherwise; but shall lie on the table, to be taken up in the order they were read.

Any fifteen members (including the Speaker, if there 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

to attend.

Upon a call of the House, the names of the members shall be called over by the Clerk, and the absentees noted; after which the names of the absentees shall 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

messenger.

A Sergeant-at-Arms shall be appointed to hold his office during the pleasure of the House, whose duty it shall be to attend the House during its sitting; to execute the commands of the House, from time to time; together with all such process issued by authority 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: 9th CON.-10

HoF R.

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.

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 be 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.

It shall be the duty of the said Committee of Ways and Means to take into consideration all such reports of 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 undetermined.

It shall be the duty of the said Committee of Ac counts 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 trûe 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 priority of business to be acted on, shall be decided without debate.

Thirdly-Of Bills.

Every bill shall be introduced by motion for leave, or by an order of the House, on the report of a committee; and, in either case, a committee to prepare the same shall be appointed. In cases of a general nature, one day's notice, at least, shall be given of the motion to bring in a bill; and every such motion may be committed.

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.

When a bill shall pass, it shall be certified by the Clerk, noting the day of its passage at the foot thereof. Fourthly-Of Committees of the Whole House.

It shall be a standing order of the day, throughout the session, for the House to resolve itself into a Committee 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

DECEMBER, 1805.

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.

Messages shall be sent by such persons as a sense of propriety in each House may determine to be proper.

While bills are on their passage between the two Houses, they shall be on paper, and under the signature of the Secretary or Clerk of each House, respectively.

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.

the Senate.

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.

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 chamber 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

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 held at Vincennes, in the Indiana Territory, declaring the consent of the people of the said Territory to a suspension of the sixth article of compact 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.

H. or R.

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 Kentueky 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 and Unfinished Business, made a further report; which was read, and ordered to lie on the table.

Mr. TENNEY, from the same committee, presented a bill to revive and continue in force an 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.

Mr. SOUTHARD prefaced this motion by stating that he had been informed that jurors in the different Courts of the United States received various compensations.

:

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 refugees 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 Commit