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[APRIL, 1789. prepare and report such standing rules and orders pose expressed in the message from the Senate ; and of proceedings as may be proper to be observed in that Mr. Parker and Mr. HEISTER be appointed, on this House. And the following members were the part of this House, to sit at the Clerk's table with named on said committee, to wit: Messrs. Gil- the member of the Senate, and make a list of the votes MAN, GERRY, WadswORTH, BOUDINOT, HART- as the same shall be declared. LEY, SMITH, LEE, TUCKER, Madison, SHERMAN, Mr. Speaker accordingly left the Chair, and, and GOODHUE.

attended by the House, withdrew to the Senate Resolved, That a Doorkeeper and Assistant Chamber, and after some time returned to the Doorkeeper be appointed for the service of this

House. House.

Mr. SPEAKER resumed the Chair. On motion,

Mr. Parker and Mr. Heister then delivered in

at the Clerk's table a list of the votes of the ElectOrdered, That it be an instruction to the ors of the several States in the choice of a PREcommittee appointed to prepare and report such sident and Vice President of the UNITED Standing Rules and Orders of proceeding as may States, as the same were declared by the Presibe proper to be observed in this House, that they dent of the Senate, in the presence of the Senate also report the duty and services of a Sergeant- and of this House, which was ordered to be enat-arms, or other proper officer for enforcing the tered on the Journal.* orders of the House.

On motion,

Ordered, That a message be sent to the SenFRIDAY, April 3.

ate, to inform them that it is the desire of this George CLYMER, from Pennsylvania, appeared House that the notifications of the election of the and took his seat.

President and Vice President of the United States

should be made by such persons, and in such manSATURDAY, April 4.

ner, as the Senate shall be pleased to direct; and

that Mr. Madison do communicate the said mesGEORGE PARTRIDGE, from Massachusetts, appeared and took his seat.

Tuesday, April 7.
MONDAY, April 6.

The SPEAKER laid before the House a letter from Daniel Carroll, from Maryland, appeared the Mayor of the city of New York, covering cerand took his seat.

tain resolutions of the Mayor, Aldermen, and Ordered, That leave be given to bring in a bill Commonalty of the said city, appropriating the to regulate the taking the oath or affirmation pre- City Hall for the accommodation of the General scribed by the sixth article of the Constitution; Government of the United States; which were and that' Messrs. White, Madison, TRUMBULL, read, and ordered to lie on the table. GILMAN, and CADWALADER, do prepare and bring Mr. BOUDINOT, from the committee appointed in the same.

to prepare such Rules and Orders of proceedings On motion,

as may be proper to be observed in this House, Resolved, That the form of the oath to be taken by made the following report:the members of this House, as required by the third “ The committee to whom it was referred to clause of the sixth article of the Constitution of the prepare such Standing Rules and Orders of proGovernment of the United States, be as followeth, to ceeding as may be proper to be observed in this “ wit: “I, A B, a representative of the United States in House, have, according to order, prepared the " as the case may be) in the presence of Almighty GOD, same, and agreed to the

following report: « that I will support the Constitution of the United that the rules and orders following are proper to be es

Resolved, That it is the opinion of this committee “States. So help me God.”

tablished as the Standing Rules and Orders of this A message from the Senate, by Mr. ELLSWORTH: House, to wit: Mr. Speaker : I am charged by the Senate to inform

1.- Touching the duty of the Speaker. this House, that a quorum of the Senate is now formed; that a President is elected for the sole purpose of open

He shall take the chair every day at the hour to ing the certificates and counting the votes of the Elect- which the House shall have adjourned on the preceding ors of the several States, in a choice of a President

and day; shall immediately call the members to order, and, Vice President of the United States; and that the Sen- on the appearance of a quorum, shall cause the journal ate is now ready in the Senate Chamber, to proceed, in of the preceding day to be read. presence of this House, to discharge that duty. I have

He shall preserve decorum and order; may speak to it also in further charge to inform this House that the points of order in preference to other members, rising Senate has appointed one of its members to sit at the from his seat for that purpose, and shall decide quesClerk's table to make a list of the

votes as they shall tions of order, subject to an appeal to the House by be declared, submitting it to the wisdom of this House any two members. to appoint one or more of its members for the like

He shall rise to put a question, but may state it sitpur

ting. pose.

Questions shall be distinctly put in this form, viz: On motion,

“As many as are of opinion that-(as the question Resolved, That Mr. Speaker, attended by the House, do now withdraw to the Senate Chamber, for the pur * For this list see the Senate Journal.

APRIL, 1789.]


[H. OF R.

say No."

may be) say Aye : And, after the affirmative voice is House, but may be withdrawn at any time before a deexpressed“ As many as are of a contrary opinion, cision or amendment.

When a question is under debate, no motion shall be If the Speaker doubts, or a division be called for, the received, unless to amend it, to commit it for the preHouse shall divide; those in the affirmative going to vious question, or to adjourn. the right, and those in the negative to the left of the A motion to adjourn shall always be in order, and chair. If the Speaker still doubt, or a count be re- shall be decided without debate. gured, the Speaker shall name two members, one from The previous question shall be in this form : “Shall each side, to tell the numbers in the affirmative ; which the main question be now put ?" It shall only be adbeing reported, he shall then name two others, one mitted when demanded by five members; and until it from each side, to tell those in the negative ; which be- is decided, shall preclude all amendment and further ing also reported, he shall rise and state the decision to debate of the main question. the House.

On a previous question no member shall speak more The Speaker shall appoint committees, unless it be than once without leave. determined by the House that the committee shall con

Any member may call for the division of a question, sist of more than three members, in which case the ap- where the sense will admit of it. pointment shall be by ballot of the House.

A motion for commitment, until it is decided, shall In all cases of ballot by the House, the Speaker preclude all amendment of the main question. shall vote; in other cases he shall not vote, unless the Motions and reports may be committed at the pleaHouse be equally divided, or unless

his vote, if given to sure of the House. the minority, will make the division equal, and in case

No new motion or proposition shall be admitted, unof such equal division, the question shall be lost.

der color of amendment, as a substitute for the motion When the House adjourns, the members shall keep or proposition under debate. their seats until the Speaker go forth ; and then the Committees consisting of more than three members members shall follow.

shall be ballotted for by the House ; if, upon such bal

lot, the number required shall not be elected by a maII.-Of Decorum and Debate. jority of the votes given, the House shall proceed to a When any member is about to speak in debate, or second ballot, in which a plurality of votes shall predeliver any matter to the House, he shall rise from his vail ; and in case a greater number than are required seat, and respectfully address himself to Mr. Speaker. equal number of votes, the House shall proceed to a

to compose or complete the committee shall have an If any member, in speaking or otherwise, transgress further ballot or ballots. the rules of the House, the Speaker shall, or any mem In all other cases of ballot than for committees, a ber may, call to order; in which case the member majority of the votes given shall be necessary to an called to order shall immediately sit down, unless per- election : and where there shall not be such majority on mitted to explain, and the House shall, if appealed to, the first ballot, the ballot shall be repeated until a madecide on the case, but without debate. If there be no jority be obtained. appeal, the decision of the Chair shall be submitted to.

In all cases where others than members of the If the decision be in favor of the member called to or House may be eligible, there shall be a previous nomider, he shall be at liberty to proceed ; if otherwise, and nation. the case require it, he shall be liable to the censure of If a question depending be lost by adjournment of the House.

the House, and revived on the succeeding day, no When two or more members happen to rise at once, member who has spoken twice on the day preceding the Speaker shall name the member who is first to shall be permitted again to speak without leave. speak.

Every order, resolution, or vote, to which the concurNo member shall speak more than twice to the rence of the Senate shall be necessary, shall be read to same question, without leave of the House ; nor more the House, and laid on the table, on a day preceding than once, until every member choosing to speak shall that in which the same shall be moved, unless the have spoken.

House shall otherwise expressly allow. Whilst the Speaker is putting any question, or ad Petitions, memorials, and other papers addressed to dressing the House, none shall walk out of or across the House, shall be presented through the Speaker, or the House ; nor either in such case, or when a member by a member in his place, and shall not be debated or is speaking, shall entertain private discourse, or read decided on the day of their first being read, unless any printed book or paper; nor whilst a member is where the House shall direct otherwise ; but shall lie speaking, shall pass between him and the chair.

on the table, to be taken up in the order they were No member shall vote on any question, in the event read. of which he is immediately and particularly interested ; or in any other case where he was not present when be one,) shall be authorized to compel the attendance of

Any fifteen members (including the Speaker, if there the question was put.

absent members. Every member who shall be in the House when a question is put, shall vote on the one side or the other,

Upon calls of the House, or in taking the ayes and unless the House, for special reasons, shall excuse him noes on any question, the names of the members shall

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

III.-Of Bills. fore debated.

Every bill shall be introduced by motion for leave, or Every motion shall be reduced to writing, if the by an order of the House on the report of a commitSpeaker or any member desire it.

tee; and, in either case, a committee to prepare the After a motion is stated by the Speaker, or read by same shall be appointed. In cases of a general nature, the Clerk, it shall be deemed to be in possession of the one day's notice, at least, shall be given of the motion

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Duties on Imports.

[APRIL, 1789. to bring in a bill; and every such motion may be com- by the Constitution, in the form agreed to yes. mitted.

terday. Every bill shall receive three several readings in the And then the House adjourned until to-morrow House previous to its passage ; and all bills shall be morning, eleven o'clock. 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 or

WEDNESDAY, April 8. der of the House.

Two other members, to wit: John LAWRENCE, The first reading of a bill shall be for information, from New York, and Thomas FITZSIMONS, from and if opposition be made to it, the question shall be, Pennsylvania, appeared and took their seats. * Shall the bill be rejected ?" If no opposition be The Chief Justice of the State of New York made, or the question to reject be negatived, the bill attended, agreeably to the order of yesterday, and shall go to its second reading without a question. administered the oath required by the Constitu

Upon the second reading of a bill, the Speaker shall tion, in the form agreed to on Monday last, first state it as ready for commitment or engrossment, and, to Mr. SPEAKER in his place, and then to the other if committed, then a question shall be, whether to a Se members of the House

present, to wit: Fisher lect Committee, or to a Committee of the Whole House; if to a Committee of the whole House, the Ames, Elias Boudinot, Theodorick Bland, LamHouse shall determine on what day. But if the bill be bert Cadwalader, George Clymer, Daniel Carroll

, ordered to be engrossed, the House shall appoint a day Thomas Fitzsimons, Nicholas Gilman, Benjamin when it shall be read the third time. After commit- Goodhue, Elbridge Gerry, George Gale, Samuel ment, and a report thereof to the House, a bill may be Griffin, Benjamin Huntington, Thomas Hartley, re-committed, or at any time before its passage.

Daniel Heister, George Leonard, Richard Bland All bills ordered to be engrossed shall be executed in Lee, John Lawrence, Peter Muhlenberg, James a fair round hand.

Madison, Jun., Andrew Moore, George Partridge, The enacting style of bills shall be, “Be it enacted John Page, Josiah Parker, Jonathan Sturges, by the Senators and Representatives of the United Roger Sherman, James Schureman, William States in Congress assembled.

Smith, Thomas Scott, George Thatcher, Thomas When a bill shall pass, it shall be certified by the Tudor Tucker, Henry Wynkoop, and Alexander Clerk, noting the day of its passing at the foot thereof. White. No bill amended by the Senate shall be committed.

DUTIES ON IMPOSTS. IV.-Of Committees of the whole House. On motion, the House resolved itself into a It shall be a standing order of the day, throughout Committee of the Whole on the state of the the session, for the House to resolve itself into a Com- Union, Mr. Page in the Chair. mittee of the whole House on the state of the Union. Mr. Madison.-I take the liberty Mr. Chair

In forming a Committee of the whole House, the man, at this early stage of the business, to inSpeaker shall leave his chair, and a Chairman to pre- troduce to the committee a subject, which appears side in committee shall be appointed. -

to me to be of the greatest magnitude; a subject, Upon bills committed to a committee of the whole sir, that requires our first attention, and our united House, the bill shall be first read throughout by the exertions. Clerk, and then again read and debated by clauses, No gentleman here can be unacquainted with leaving the preamble to be last considered. The body the numerous claims upon our justice; nor with of the bill shall not be defaced or interlined; but all the impotency which prevented the late Congress amendments, noting the page and line, shall be duly of the United States from carrying into effect the entered by the Clerk, on a separate paper, as the same dictates of gratitude and policy; shall be agreed to by the committee, and so reported to the House. After report , the bill shall again be subject effective Government, having recovered from the

The Union, by the establishment of a more to be debated and amended by clauses, before a question state of imbecility that heretofore prevented a to engross it be taken.

All amendments made to an original motion in com- performance of its duty, ought, in its first act, to mittee shall be incorporated with the motion, and so re-revive those principles of honor and honesty that ported.

have too long lain dormant. All amendments made to a report committed to a The deficiency in our Treasury has been too Committee of the Whole, shall be noted and reported notorious to make it necessary for me to animadas in the case of bills.

vert upon that subject. Let us content ourselves All questions, whether in committee or in the House, with endeavoring to remedy the evil. To do this shall be propounded in the order they were moved, ex- a national revenue must be obtained; but the syscept that, in filling up blanks, the largest sum and tem must be such a one, that, while it secures the longest day shall be first put.

object of revenue, it shall not be oppressive to our The rules of proceeding in the House shall be ob- constituents. Happy it is for us that such a sysserved in committee, so far as they may be applicable, tem is within our power; for I apprehend that except that limiting the times of speaking.”

both these objects may be obtained from an imOn motion,

post on articles imported into the United States. Ordered, That the Chief Justice of the State In pursuing this measure, I know that two of New York be requested to attend this House, points occur for our consideration. The first at the hour of its meeting to-morrow, for the respects the general regulation of commerce; purpose of administering to the SPEAKER, and which, in my opinion, ought to be as free as the other members of the House, the oath required policy of nations will admit. The second relates


April, 1789.]
Duties on Imports.

[H. OF R. to revenue alone; and this is the point I mean of our constituents at that time; and, I believe, more particularly to bring into the view of the nothing since has intervened to give us reason to committee.

believe they have made an alteration in their Not being at present possessed of sufficient ma- sentiments. terials for fully elucidating these points, and our Mr. White.--I wish filling up the blanks may situation admitting of no delay, I shall propose be deferred until the business is more matured; such articles of regulations only as are likely to nor will this be attended with a loss of time, occasion the least difficulty.

because the forms necessary to complete a bill The propositions made on this subject by Con- will require so much as to give gentlemen leisure gress in 1783, having received, generally, the to consider the proper quantum of impost to be approbation of the several States of the Union, laid, as well on the enumerated articles as on the in some form or other, seem well calculated to common mass of merchandise rated ad valorem ; become the basis of the temporary system, which for, as wag hinted by my colleague, something may I wish the committee to adopt. I am well aware have occurred to render an alteration in the sums that the changes which have taken place in many recommended in 1783 in some degree necessary; of the States, and in our public circumstances, and if so, time will be given to consider the subsince that period, will require, in some degree, a ject with more attention in the progress of the deviation from the scale of duties then affixed : bill

, and no unnecessary delay can arise; wherenevertheless, for the sake of that expedition fore, I move you, sir, that the committee now which is necessary, in order to embrace the Spring rise, report progress, and ask leave to sit again. importations, I should recommend a general adhe Mr. MADISON.-I do not consider it at this morence to the plan.

ment necessary to fill up the blanks, nor had I it This, sir, with the addition of a clause or two in contemplation at the time I offered the propoon the subject of tonnage, I will now read, and, sitions. I supposed that most of the gentlemen with leave, submit it to the committee, hoping it would wish time to think upon the principles may meet their approbation, as an expedient ren- generally, and upon the articles particularly ; dered eligible by the urgent occasion there is for while others, who, from their situation and advanthe speedy supplies of the federal treasury, and a tages in life, are more conversant on this subject, speedy rescue of our trade from its present anar- may be induced to turn their particular attention

to a subject they are well able to do justice to Resolved, As the opinion of this committee, that the and to assist the committee with their knowledge following duties ought to be levied on goods, wares,

and information ; unless such gentlemen are now and merchandise, imported into the United States, viz: prepared and disposed to proceed in filling up the

On rum, per gallon, — of a dollar; on all other blanks, I shall second the motion for the commitspirituous liquors, -; on molasses, ; on Ma- tee's rising. deira wine, - ; on all other wines, ; on com Mr. PARKER. As it is impossible that gentlemon bohea teas per Ib., -; on all other teas, men should be prepared to go into the immediate on pepper, on brown sugars, -; on loaf suo discussion of my worthy colleague's motion for gars, ; on all other sugars, ; on cocoa and raising an impost, I shall heartily concur in the coffee, -; on all other articles, per cent. on motion for the committee's rising. their value at the time and place of importation. The question on rising being put, was agreed

That there ought, moreover, to be levied on all vessels to; when in which goods, wares, or merchandises shall be im Mr. SPEAKER resumed the Chair, and Mr. ported, the duties following, viz: On all vessels built Page reported progress. within the United States, and belonging wholly to citi Adjourned until to-morrow. zens thereof, at the rate of —per ton.

On all vessels belonging wholly to the subjects of Powers with whom the United States have formed

Thursday, April 9. treaties, or partly to the subjects of such Powers, and EGBERT Benson, from New York, and ISAAC partly to citizens of the said States, at the rate of

Coles, from Virginia, appeared and took their On all vessels belonging wholly or in part to the seats. subjects of other Powers, at the rate of

Mr. BOUDINOT, from the committee appointed Mr. Boudinot.—The necessity of adopting to prepare rules for the government of the House, some measure, like the one proposed by the hon- made a further report, which, being read, was orable gentleman from Virginia, is too apparent ordered to lie on the table. to need any argument in its support. The plan Mr. LEONARD and Mr. WYNKOOP asked and which he has submitted to the committee, ap- obtained leave of absence. pears to be simple and sufficiently complete for The SPEAKER laid before the House a letter the present purpose; I shall, therefore, for my from Oliver ELLSWORTH, Esq., a member of the own part, be content with it, and shall move you, Senate, stating the appointment of a committee sir, that the blanks be filled up in the manner of that House to confer with a committee to be they were recommended to be charged by Con-appointed on the part of this House, in preparing gress in 1783. My reason for this is, that those a system of rules to govern the two Houses in sums have been approved by the Legislatures of cases of conference, and to regulate the appointevery State represented on this floor, and of con- ment of Chaplains. sequence must have been agreeable to the sense Whereupon, Messrs. BOUDINOT, SHERMAN,

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Duties on Imports.

[APRIL, 1789. TUCKER, MADISON, and BLAND, were elected by With great deference I have submitted these ballot for that purpose.

sentiments to the committee, as what occurred to

me to be the better plan of the two; though, I DUTIES ON IMPORTS.

must own, it is a subject on which I am not so The House again resolved itself into a Com- fully informed as I wish to be, and therefore mittee of the Whole on the state of the Union, hope the indulgence of the committee in considerMr. Page in the Chair.

ing it. Mr. LAWRENCE.—The subject of the proposi Mr. Fitzsimons.-I observe, Mr. Chairman, tion laid before the committee by the honorable by what the gentlemen have said, who have gentleman from Virginia, (Mr. Madison,) will spoken on the subject before you, that the pronow, I presume, Mr. Chairman, recur for our posed plan of revenue is viewed by them as a deliberation. I imagine it to be of considerable temporary system, to be continued only until proimportance, not only to the United States, but to per materials are brought forward and arranged every individual of the Union. The object of in more perfect form. I confess, sir, that I carry the revenue alone would place it in this situation, my views on this subject much further ; that I and in this light I mean now to consider it. If I earnestly wish such a one which, in its operation, am not mistaken, the honorable mover of the will be some way adequate to our present situaplan viewed it as a temporary system, particularly tion, as it respects our agriculture, our manufaccalculated to embrace the Spring importations; tures, and our commerce. therefore, in order to discover whether the mode An honorable gentleman (Mr. LAWRENCE) laid before you is well calculated to answer this has expressed an opinion that an enumeration end, it will be proper to consider its operation. of articles will operate to confuse the business. The plan consists of certain distinct propositions; So far am I from seeing it in this point of view, one part is intended to lay a specific sum on enu- that, on the contrary, I conceive it will tend to merated articles, the other a certain per cent. ad facilitate it. Does not every gentleman discover valorem: perhaps simplifying the system may be that, when a particular article is offered to the productive of happy consequences, and it strikes consideration of the committee, he will be better me that confusion and perplexity will be best able to give his opinion upon it than on an aggreavoided by such a measure; hence, it may be gate question ? Because the partial and conveproper to lay a duty at a certain rate per cent. on nient impost laid on such article by individual the value of all articles, without attempting an States is more or less known to every member in enumeration of any; because, if we attempi to the committee. It is also well known that the specify every article, it will expose us to a ques- amount of such revenue is more accurately caltion which must require more time than can be culated and better to be relied on, because of the spared, to obtain the object that appears to be in certainty of collection, less being left to the offithe view of the committee. A question, I say, cers employed in bringing it forward to the public sir, will arise, whether the enumeration embraces treasury. It being my opinion that an enumeraevery article that will bear a duty, and whether tion of articles will tend to clear away difficulties, the duty to be affixed is the proper sum the arti- I wish as many to be selected as possible; for this cle is able to bear. On this head, sir, I believe reason I have prepared myself with an additional that the committee have not materials sufficient number, which I wish subjoined to those already to form even the basis of the system, beside being mentioned in the motion on your table; among wholly incompetent to determine the rate most these are some calculated to encourage the proadvantageous to the article of revenue, and most ductions of our country, and protect our infant agreeable to the interest and convenience of our manufactures; besides others tending to operate constituents. Knowledge on these points can as sumptuary restrictions upon articles which are only be obtained by experience; but hitherto we often termed those of luxury. The amendment have had none, at least of a general nature. The I mean to offer is in these words: I shall read it partial regulations made by the States, throw but in my place, and, if I am seconded, hand it to you little light on the subject, and its magnitude for the consideration of the committee: ought to induce us to use the greatest degree of caution.

Resolved, As the opinion of this committee, that the A system of the nature which I hinted at, will, following duties ought to be laid on goods, wares, and in my opinion, be not only less complex and diffi- merchandise imported into the United States, to wit: cult in its formation, but likewise easier and more [The articles enumerated for duty were beer, certain in its operation ; because the more simple ale, and porter; beef, pork, butter, candles, cheese, a plan of revenue is, the easier it becomes under- soap, cider, boots, steel, cables, cordage, twine or stood and executed : and it is, sir, an earnest wish pack thread, malt

, nails, spikes

, tacks, or brads; of mine, that all our acts should partake of this salt, tobacco, snuff

, blank books, writing, printing, nature. Moreover, by adopting the plan I have and wrapping paper; pasteboard, cabinet ware; mentioned, you will embrace the Spring importa- buttons, saddles, gloves, hats, millinery, castings tion and give time for digesting and maturing one of iron, slit, or rolled iron; leather, shoes, slippers, upon more perfect principles; and, as the pro- and golo shoes; coach, chariot, and other four posed system is intended to be but a temporary wheel carriages; chaise, solo, or other two wheel one, that I esteem to be best which requires the carriages; nutmegs, cinnamon, cloves, raisins, figs, least time to form it.

currants, almonds.]

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