nominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly.

Ordered, That the Clerk of the House do carry the said resolution to the Senate, and desire their

concurrence.

(JANUARY, 1790.

his opinion, ought to be preserved in the Journal, because its meaning was of some importance. He observed, that the Legislature of South Carolina was a biennial body, and that it was for some time a matter of uncertainty whether the session was not the term of two years for which the Mr. GILMAN, from the committee appointed to Senate and House of Representatives were electwait on the President of the United States, pur-ed, but the point had been determined, upon a law suant to the order of this day, reported that they passed to continue for a term of years, and from had, according to order, performed that service, thence to the end of the next session of the Legisand that the President was pleased to say he lature; the efficacy of this law depended upon the would attend to make his communications to meaning of the word session, and the courts of both Houses of Congress to-morrow morning, at judicature were of opinion that a session was 11 o'clock. from the time of meeting until the rising of the Legislature, and no longer.

FRIDAY, January 8.

HENRY WYNKOOP, from Pennsylvania, peared, and took his seat.

He conceived the title to be of no importance in any other point of view, but in this it might, ap-as Congress had already passed a law for a term expiring at the end of the next session, he, there

The SPEAKER and the members present attend-fore, wished the word to be defined, and he imaed in the Senate Chamber, to receive the Presi-gined it would be done by retaining it in the place dent of the United States, who addressed both it stood. Houses. [His Address will be found in the Proceedings of the Senate, page 932.]

The SPEAKER and the members of the House having returned from the Senate, a copy of the President's Speech was read, and committed to a Committee of the whole House on to-morrow.

The Journal was then read by the Clerk. Mr. BOUDINOT moved to correct the title by striking out all the words, after declaring it merely the Journal of the House of Representatives. He was seconded by Mr. BENSON.

Mr. PAGE opposed it, because the title of the Journal contained nothing more than the fact. It was denominated the Second Session of the First Congress under the Constitution of the Government of the United States, proposed September 17th, 1787, by the Convention in Philadelphia; and he called upon gentlemen to say, if this was more or less than the truth; besides, it was perfectly consonant with Parliamentary practice; if the last sitting of Congress, and the present were to be determined one session, then all business would proceed from the state in which it had been left last September; now this was contrary to the rule established by the Lex Parliamentaria, and might be productive of bad consequences. If the words are to be struck out, the natural implication will be, that the two sittings are but one session.

After some further desultory conversation, the title of the Journal was established by a vote of the House, as follows:

JOURNAL OF THE HOUSE OF REPRESEN

TATIVES OF THE UNITED STATES.

At a session of Congress of the United States, begun and held at the city of New York, on Monday, the 4th day of January, 1790, being the second session of the First Congress, held under the present Constitution of Government for the United States, being the day appointed by law for the meeting of the present session.

On the further reading of the Minutes, Mr. THATCHER observed, that a call of the House which had taken place at the meeting was not entered on the Journal.

Un

Mr. PAGE was sorry to find any gentleman
insist upon the entry of a measure which was not
completed. He was concerned, likewise, that
he had not been here to answer to his name, but
he was delayed seven days by head winds, and
two days by extreme badness of the roads.
der such circumstances, he thought the gentle-
men who were so fortunate as to get here in time,
deserved little more credit than those who were
plunging at the risk of their lives through almost
insuperable difficulties. He hoped it was not in-
tended to stigmatize gentlemen who did not de-
serve it.

Mr. BOUDINOT declared, he had no design of Mr. WHITE. If the absentees were from the deciding the question alluded to by his honorable remote States, there would be some indelicacy in friend. It was merely to rid the Journal of ordering a call of the House at so early a period words which appeared to him superfluous. of the session, because there might be natural unMr. SHERMAN was in sentiment with the gen-avoidable impediments to prevent their punctual tleman from New Jersey; he did not wish to give an opinion respecting the unfinished business of last session, but he thought the regulation on that head had better be established by a joint rule of both Houses.

attendance, but he had observed, that the absentees were mostly from the neighboring States, Connecticut, New York, New Jersey, and Pennsylvania; and some of the members had declared they would not come until they were informed Mr. TUCKER remarked, that the question that there was a House. Now, in order to make "whether the business of last session was to be the Journal a true transcript of what had really taken up de novo, or to be continued on ward from passed in the House, it was necessary to have this the state in which it had been left, was not prop-call inserted; for the motion was regularly made, erly before the House, but the word session, in seconded, and carried; the absentees were noted.

JANUARY, 1790.]

Secretary of the Treasury's Report.

and, after some time, they were called again, and, those who were known to be sick, or on their way, were apologised for, and excused; here, indeed the business terminated, and they were not ordered into the custody of the Sergeant-at-Arms. After these remarks he concluded by saying, that he did not move to have it inserted on the Journal, and was unconcerned about it.

[H. OF R.

able clearly to comprehend so intricate a subject without oral illustration.

Mr. CLYMER expressed some doubts with respect to the propriety of receiving oral communications from the Head of such an important Department. He was rather inclined to think that such communications ought to be in writing.

Mr. AMES conceived it to be the duty of the Mr. LAWRENCE hoped the call would not be en- House to obtain the best information on any subtered on the Journal, if it was intended to re-ject; but on this very important one they ought proach the conduct of the absent members, for he was very well satisfied in his own mind, that few, if any, of them were guilty of neglecting their duty.

to be particularly careful to get it from the highest source. The Secretary of the Treasury is a most important and responsible officer; the delicacy of his situation required every indulgence to Mr. WADSWORTH likewise hoped the entry be extended to him, that had a tendency to enable would not be made. He had left home a week him to complete the arduous undertaking in ago, but had been detained by head winds. He which he was engaged. It would be a real misdared to say that this would be found to be the fortune that a salutary measure should be defeated case with respect to a number of other gentle- for want of being understood; yet the most admen; and as far as his knowledge went with rela-vantageous plans may miscarry in their passage tion to such as were absent, it was on necessary through this House, by reason of their not being clearly comprehended. He hoped, therefore, that Mr. PARTRIDGE did not wish to stigmatize any the financier would be authorized to make such gentleman by an entry of this kind on the Jour- communications and illustrations as he judged nals. He meant simply that the fact should ap- necessary; but he wished these communications pear as it really happened in the House; how-to be in writing; in this shape they would obtain ever, as the business had not been completed, he would withdraw his second to the motion for having the entry made.

occasions.

Mr. PAGE said, no new stigma could be received by him or his colleague, (Mr. LEE.) By the entry on the Journals, it appeared they were not here on Monday or Tuesday, but on Wednesday it is said that John Page and R. B. Lee appeared, and took their seats; consequently, what he had said could not be construed to favor himself or his colleague, but it was generally for those who had not been able to get here so soon. The motion for entering on the Journals the call of the House, was withdrawn.

The House then proceeded to the appointment of a Chaplain for the present session; and, after a previous nomination, the Rev. Mr. LYNN was duly chosen.

SECRETARY OF THE TREASURY'S REPORT. A letter from Alexander Hamilton, Secretary of the Treasury, was read, informing the House that, agreeably to their resolution of the 21st of September, he had prepared a plan for the support of the Public Credit, and that he was ready to report the same to this House, when they should be pleased to receive it.

It was proposed that Thursday next be assigned for this purpose.

Mr. GERRY wished to add to the motion, that it should be made in writing.

Mr. BOUDINOT hoped that the Secretary of the Treasury might be permitted to make his report in person, in order to answer such inquiries as the members might be disposed to make, for it was a justifiable surmise that gentlemen would not be 1st CoN.-34

a degree of permanency favorable to the responsibility of the officer, while, at the same time, they would be less liable to be misunderstood.

Mr. BENSON observed, that the Secretary of the Treasury was directed, by a resolution of the last session, to prepare a plan for the support of public credit, and to report the same at this meeting. The point to be settled is, whether it shall be done by an oral communication, or transmitted in writing? In the former order of the House, this point was untouched, and the Secretary was left at his discretion to prepare himself for reporting in either way; consequently, when we have fixed the time for receiving his report, he may make it in the manner for which he is prepared; but, no doubt, this officer, actuated by motives of deference and respect, will conform to any rule the House may think proper to enjoin.

Mr. GERRY conceived it would be necessary the Secretary should be authorized, by a vote of the he was not expressly authorized to do by the vote House, to give explanations to his plans. This, of the last session, which confined him merely to prepare a plan for the support of the public credit. Would any gentleman on this floor suppose himself capable of comprehending and combining the parts of a general system, calculated to produce such a grand effect? In a plan for supporting public credit, may be comprehended every species of finance. The Secretary, under such an order, may propose an extension of your impost to entire new articles, an increase of some, and a diminution upon others. He may propose an introduction of a system of excise; with all these he may combine duties, stamps, and direct taxes. Can the human mind retain, with any great degree of precision, objects so extensive and multifarious upon a mere oral communication? This consideration alone ought to be sufficient to induce gentlemen to agree to his proposition of making

H. OF R.]

President's Speech-Unfinished Business.

the report in writing; but his proposition extended still further, it went to give him a right to lay before them his explanations, if he thinks explanations necessary.

On the question, the resolution for receiving the report of the Secretary of the Treasury in writing was carried in the affirmative.

PRESIDENT'S SPEECH.

On motion, the House now resolved itself into a Committee of the Whole on the President's Speech. Mr. BALDWIN in the Chair.

Mr. SMITH (of South Carolina) proposed a resolution that an Address be presented to the President in answer to his Speech to both Houses, assuring him that this House will, without delay, proceed to take into their serious consideration the various and important matters recommended to their attention.

Mr. WHITE thought this motion hardly sufficient; it was too general to warrant a select committee to draught that particular reply which he hoped the House was disposed to make to every part of the President's Speech; he therefore begged the gentleman to withdraw it, and permit him to substitute one in its stead, which he read in his place.

(JANUARY, 1790.

mined, reported that the committee have, accord-
ing to order, examined the Journal, and agreed to
the following report:

of David Ramsay, John Churchman, Alexander Lewis
It appears to your committee, that the several petitions
Arthur Greer, Jedediah Morse, John Fitch, Englehar
Cruse, Nicholas Pike, Samuel Briggs, John Christo
pher Stoebel, Leonard Harbaugh, Hannah Adams,
Christopher Colles, David Greenleaf, John Macpherson.
Abraham Westervelt, James Rumsey, and W
Hoy, respectively, praying for exclusive privileges

authors or inventors of some useful work or discovery,
were ordered to lie on the table, and so remained during
the session.

It further appears to your committee, that the severa petitions of Martha Walker, Duncan Campbell, Tristram Coffin, William Finnie, Englebert Kemmena, Thomasin Gordon, Prudent la Jenesse, Baron de Steuben, and Richard Ham, respectively, praying to be compensatet for military services, or for injuries or losses sustained during the late war, were referred to the Secretary of the Treasury to examine and report to the present sessie

It further appears to your committee, that the sever petitions of John M'Garrah, Dudly Tyler, Patrick Ber net, John Hurt, James Gibbons, Archibald M'Allst Alexander Power, attorney for Col. Flower's regiment Henry Malcom, and Charles Markle, respectively, pr Mr. BOUDINOT thought the proposition just reading to be compensated for military services rendere by the honorable gentleman from Virginia much during the late war, were referred to the Secretary superior to that proposed by his worthy friend War, to examine and report upon, to the present sessi from South Carolina. It must have struck every It further appears to your committee, that the severa gentleman that there were other matters contain-petitions of Andrew Newell, Seth Clarke, Sarah Pariet ed in the Speech deserving of notice, besides those Bartlet Hinds, Robert Frazier, David Sturges, Richar. recommended to their serious consideration. There Philips, James M'Lean, James Read, and Thomas Barwas information of the recent accession of the im- clay, respectively, praying that certain claims whic they exhibit against the United States, may be consider portant State of North Carolina to the Constitu- ed and allowed, were ordered to lie on the table, and s tion of the United States. This event ought to remained during the session. be recognised in a particular manner, according to its importance; and he presumed to think that its importance was of the very first magnitude.

A desultory conversation now took place on amending the original proposition in such a manner as to embrace generally the subjects of the Speech; when, at length, it was amended to read as follows:

Resolved, As the sense of this committee, that an Address be presented by the House to the President of the United States, in answer to his Speech to both Houses, with assurances that this House will, without delay, proceed to take into consideration the various and important matters recommended to their attention. Whereupon, Messrs. SMITH, (of South Carolina,) CLYMER, and LAWRENCE, were appointed a committee to prepare the said Address.

MONDAY, January 11.

JONATHAN TRUMBULL, from Connecticut; JOHN HATHORN, from New York; and ANDREW MOORE, from Virginia, appeared, and took their seats.

UNFINISHED BUSINESS.

Mr. BOUDINOT, from the committee to whom it was referred to examine the Journal of the last session, and to report therefrom all such matters of business as were then depending and undeter

of Joseph Wheaton, sergeant-at-arms to this Ho It also appears to your committee, that the petition praying an inquiry into the charges exhibited aga him in certain anonymous letters, was ordered to be at the table, and so remained during the session.

Your committee further report, that committees We appointed to prepare and bring in the several halflowing, to wit:

A bill to establish an uniform system on the subjec of bankruptcies throughout the United States.

A bill for the further encouragement of the commer and navigation of the United States.

A bill providing for the actual enumeration of the habitants of the United States.

Also, a bill providing a proper system of regulat for the militia of the United States.

Neither of which bills were reported during the sess It also appears to your committee, that there postponed by this House, for further consideration the present session, the several bills, to wit:

A bill to promote the progress of science and arts, by securing to authors and inventors the excha right to their respective writings and discoveries.

A bill for the establishment of hospitals, for the of sick and disabled seamen, and prescribing regula

for the harbors of the United States.

A bill concerning the importation of certain pers prior to the year 1808.

A bill to establish a land-office in and for the Wes ern Territory. Also, a bill sent from the Senate.

Order of Business-Answer to the President's Speech.

Mr. SMITH (of South Carolina) wished the gentleman to withdraw his motion, in order that the House might go into the consideration of the several important matters recommended to their As the question had been left to the decision attention in the President's Speech, and refer of the Chair, and several members called for Mr. them respectively to committees. If the gentle- SPEAKER's opinion, he stated to the House that man from Massachusetts would conform to this it had been customary with those Legislative sentiment, he would move to go into a Commit-assemblies which he had the honor of being a tee of the Whole for that purpose.

Mr. LEE considered this as a question of some Mr. WHITE did not wish to hurry on a decision importance; but he did not hesitate to say that of this important question, though he was himit was decided by the uniform practice of Parlia-self well prepared for it. He had never an idea ment, and on long experience it was found to be but the business of a former session terminated

with the session, and was to be taken up de novo at the subsequent meeting: this had been the invariable practice of Parliament through the period of their existence. If, then, it had been found advantageous by so enlightened a body, for a period of five hundred years, their experience was sufficient to satisfy his mind of its propriety; and nothing but solid and substantial objections would induce him to deviate from that principle. But, besides the practice of Great Britain, he could adduce the mode of transacting business in Virginia, which was exactly conformable to the former instance.

He stated one instance in order to show the impropriety of a different conduct. The State of North Carolina had come into the Union during the recess; the laws that were not perfected before that period ought not to bind her until she had an opportunity of having a voice in enacting them. Now, if the unfinished business was to go on from the stage where it was left last session, a single hour might bind her contrary to her will, and contrary to the sentiments of a majority of the people.

(JANUARY, 1790.

nate, because they might report contrary to the sense of the House.

Mr. LEE was of the same sentiment, and urged the propriety of deciding the question under a sure reliance that the Senate would pursue the same line of conduct, and the practice would be established at once.

Mr. CLYMER.-It appeared to him that the decision of the question which now agitated the House was anticipated, at least the former deter mination ought to have considerable influence er the present vote. If all business was to commence de novo, why did the House appoint a committee to examine and bring forward the unfinished basi ness of the last session? Either the House did not conceive the business dead, or it acted with some degree of absurdity in the appointment of that committee, because a committee could not be appointed on any business until that business was revived by motion, or a new application.

Mr. PARTRIDGE thought, with the gentleman last up, that the business of last session was stil before the House, and he was confirmed in this sentiment by several votes taken at their former Mr. SMITH (of South Carolina) said, the best meeting, by which the business then under con way of trying the question, whether the business sideration had been expressly postponed till the was to be considered as dead or not, was to move present session. The Senate had likewise adopted to appoint committees to the purposes for which a similar practice, as was announced in their mes such committees were appointed at the last ses-sage of the 28th September, in which it is said sion, and not to discharge the committee, as moved by the gentleman from Massachusetts, because both the affirmative and negative implied that the committees are still in existence, which is the point in dispute.

Mr. LEE favored this last opinion, and hoped the question would be taken upon it.

Mr. LIVERMORE heartily concurred with the several gentlemen that were up, in this, that both the Senate and House ought to establish some rule on this subject, and that the rule ought to be the same in both Houses. He wished it to be done before the business of the Legislature was thrown into confusion by a vote of one branch. which would not be acceded to by the other; for this reason, he moved that a committee be appointed to confer with a committee of the Senate, and report to both Houses a uniform rule of proceeding relative to the business of last session. As to his own opinion on this subject, he was free to declare, as his private judgment, that the business of the late session was at an end.

that the Senate have postponed until the next session of Congress, the consideration of the amendment proposed by this House to the bill for establishing the seat of Government of the United

States.

Mr. PAGE requested the gentleman last up to declare what the word session meant in this case and observed. in reply to the gentleman from Pennsylvania (Mr. CLYMER,) that if the business was to proceed from the stage in which it was left, there was no necessity of a committee to examine the journal, as it would have gone on as a matter of course.

Mr. SHERMAN was of opinion that the business which was undecided on by either House might proceed, but that which had passed one branch, and laid before the other for concurrence, ought to be taken up de novo. He said this idea made it perfectly consistent to appoint a committee t report the unfinished business.

Mr. BOUDINOT thought a uniform rule ought t be established between the two Houses.

Mr. GOODHUE thought the first motion the best Mr. SMITH (of South Carolina) said it was a to settle the question, and therefore hoped it would very important question, as it related to the pre be first put. He further observed, that there was sent circumstances of Congress. It is very a necessity for discharging the committee of three portant as a precedent, and would be of peculis appointed to digest a plan for taking the census, importance to the distant States at all times here because they were inadequate to the object. The after. If it is determined that the House ma mode of enumerating the inhabitants of the seve- proceed to finish business left incomplete at their ral States depended a good deal upon certain local last session, it might be destructive of that har regulations, and consequently required the cir-mony which he wished to be ever preserved cumstance of local information in those who were to bring forward the bill. This, he apprehended, would be best attained by forming the committee of a member from each State.

The members from the States near to the seat Government might assemble early in the sessio and carry measures through with the bare maj rity of a very thin House, inimical to the public Mr. WHITE thought it of no use to appoint a welfare. He thought these solid reasons for comcommittee to confer with a committee of the Se-mencing all business anew.