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FRIDAY, April 3.

[APRIL, 1789.

pose expressed in the message from the Senate; and that Mr. PARKER and Mr. HEISTER be appointed, on the part of this House, to sit at the Clerk's table with the member of the Senate, and make a list of the votes as the same shall be declared.

Mr. SPEAKER accordingly left the Chair, and, attended by the House, withdrew to the Senate Chamber, and after some time returned to the

House.

Mr. SPEAKER resumed the Chair.

Mr. PARKER and Mr. HEISTER then delivered in at the Clerk's table a list of the votes of the Electors of the several States in the choice of a PRESIDENT and VICE PRESIDENT of the UNITED STATES, as the same were declared by the President of the Senate, in the presence of the Senate and of this House, which was ordered to be entered on the Journal.*

On motion,

Ordered, That a message be sent to the Senate, 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.

SATURDAY, April 4.

President and Vice President of the United States should be made by such persons, and in such manner, as the Senate shall be pleased to direct; and that Mr. MADISON do communicate the said mes

GEORGE PARTRIDGE, from Massachusetts, ap- sage. peared and took his seat.

MONDAY, April 6.

DANIEL CARROLL, from Maryland, appeared and took his seat.

Ordered, That leave be given to bring in a bill to regulate the taking the oath or affirmation prescribed by the sixth article of the Constitution; and that Messrs. WHITE, MADISON, TRUMBULL, GILMAN, and CADWALADER, do prepare and bring in the same.

On motion,

Resolved, That the form of the oath to be taken by the members of this House, as required by the third clause of the sixth article of the Constitution of the Government of the United States, be as followeth, to "wit: "I, A B, a representative of the United States in "the Congress thereof, do solemnly swear (or affirm, as the case may be) in the presence of Almighty GOD, "that I will support the Constitution of the United "States. So help me God."

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A message from the Senate, by Mr. ELLSWORTH: Mr. Speaker: I am charged by the Senate to inform this House, that a quorum of the Senate is now formed; that a President is elected for the sole purpose of opening the certificates and counting the votes of the Electors of the several States, in a choice of a President and

Vice President of the United States; and that the Sen

ate is now ready in the Senate Chamber, to proceed, in presence of this House, to discharge that duty. I have it also in further charge to inform this House that the Senate has appointed one of its members to sit at the Clerk's table to make a list of the votes as they shall be declared, submitting it to the wisdom of this House to appoint one or more of its members for the like pose.

On motion,

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Resolved, That Mr. Speaker, attended by the House, do now withdraw to the Senate Chamber, for the pur

TUESDAY, April 7.

The SPEAKER laid before the House a letter from the Mayor of the city of New York, covering certain resolutions of the Mayor, Aldermen, and Commonalty of the said city, appropriating the City Hall for the accommodation of the General Government of the United States; which were read, and ordered to lie on the table.

Mr. BOUDINOT, from the committee appointed to prepare such Rules and Orders of proceedings as may be proper to be observed in this House, made the following report:

"The committee to whom it was referred to prepare such Standing Rules and Orders of proceeding as may be proper to be observed in this House, have, according to order, prepared the same, and agreed to the following report:

that the rules and orders following are proper to be esResolved, That it is the opinion of this committee

tablished as the Standing Rules and Orders of this House, to wit:

I.-Touching the duty of the Speaker.

He shall take the chair every day 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; may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide 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, viz: "As many as are of opinion that-(as the question

*For this list see the Senate Journal.

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may be) say Aye: And, after the affirmative voice is expressed "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 going to the night, and those in the negative to the left of the chair. If the Speaker still doubt, or a count be regured, the Speaker shall name two members, one from each side, to tell the numbers 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.

[H. or R.

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 to amend it, to commit it for the previous question, or to adjourn.

A motion to adjourn shall always be 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 no member shall speak more than once without leave.

The Speaker shall appoint committees, unless it be determined by the House that the committee shall consist 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.

Any member may call for the division of a question,

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. When the House adjourns, the members shall keep their seats until the Speaker go forth; and then the members shall follow.

II.-Of Decorum and Debate.

When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat, and respectfully address himself to Mr. Speaker.

If any member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case the member called to order shall immediately sit down, unless permitted to explain, and the House shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the House.

When two or more members happen to rise at once, the Speaker shall name the member who is first to speak.

No member shall speak more than twice to the same question, without leave of the House; nor more than once, until every member choosing to speak shall have spoken.

Whilst the Speaker is putting any question, or addressing the House, none shall walk out of or across the House; nor either in such case, or when a member is speaking, shall entertain private discourse, or read any printed book or paper; 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 other case where he was not present when the question was put.

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

A motion for commitment, until it is decided, shall preclude all amendment of the main question.

Motions 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.

Committees consisting of more than three members shall be ballotted for by the House; 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 are 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 where there shall not be such majority on the first ballot, the ballot shall be repeated until a majority be obtained.

In all cases where others than members of the House may be eligible, there shall be a previous nomination.

If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member who has spoken twice on the day preceding 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 through the Speaker, or by a member in his place, and shall not be debated or decided on the day of their first being read, unless where the House shall direct otherwise; but shall lie on the table, to be taken up in the order they were read.

be one,) shall be authorized to compel the attendance of Any fifteen members (including the Speaker, if there

absent members.

Upon calls of the House, or in taking the ayes and noes on any question, the names of the members shall be called alphabetically.

III.-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

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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 the bill be rejected?" If no opposition be made, or the question to reject be negatived, the bill shall go to its second reading without a question.

[APRIL, 1789.

by the Constitution, in the form agreed to yesterday.

And then the House adjourned until to-morrow morning, eleven o'clock.

WEDNESDAY, April 8.

Two other members, to wit: JOHN LAWRENCE, from New York, and THOMAS FITZSIMONS, from Pennsylvania, appeared and took their seats.

The Chief Justice of the State of New York attended, agreeably to the order of yesterday, and administered the oath required by the ConstituUpon 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, if committed, then a question shall be, whether to a Se-members of the House present, to wit: Fisher to Mr. SPEAKER in his place, and then to the other lect 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 a day when it shall be read the third time. After commitment, and a report thereof to the House, a bill may be re-committed, or at any time before its passage. All bills ordered to be engrossed shall be executed in

a fair round hand.

The enacting style of bills shall be, "Be it enacted by the Senators and Representatives of the United States in Congress assembled."

When a bill shall pass, it shall be certified by the Clerk, noting the day of its passing at the foot thereof. No bill amended by the Senate shall be committed.

IV. 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.

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 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.

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Ames, Elias Boudinot, Theodorick Bland, Lambert Cadwalader, George Clymer, Daniel Carroll, Thomas Fitzsimons, Nicholas Gilman, Benjamin Goodhue, Elbridge Gerry, George Gale, Samuel Griffin, Benjamin Huntington, Thomas Hartley, Daniel Heister, George Leonard, Richard Bland Lee, John Lawrence, Peter Muhlenberg, James Madison, Jun., Andrew Moore, George Partridge, John Page, Josiah Parker, Jonathan Sturges, Roger Sherman, James Schureman, William Smith, Thomas Scott, George Thatcher, Thomas Tudor Tucker, Henry Wynkoop, and Alexander White.

DUTIES ON IMPOSTS.

On motion, the House resolved itself into a Committee of the Whole on the state of the Union, Mr. PAGE in the Chair.

Mr. MADISON.-I take the liberty Mr. Chairman, at this early stage of the business, to introduce to the committee a subject, which appears to me to be of the greatest magnitude; a subject, sir, that requires our first attention, and our united exertions.

No gentleman here can be unacquainted with the numerous claims upon our justice; nor with the impotency which prevented the late Congress of the United States from carrying into effect the dictates of gratitude and policy.

effective Government, having recovered from the The Union, by the establishment of a more state of imbecility that heretofore prevented a performance of its duty, ought, in its first act, to revive those principles of honor and honesty that have too long lain dormant.

The deficiency in our Treasury has been too notorious to make it necessary for me to animadvert upon that subject. Let us content ourselves with endeavoring to remedy the evil. To do this a national revenue must be obtained; but the system must be such a one, that, while it secures the object of revenue, it shall not be oppressive to our constituents. Happy it is for us that such a system is within our power; for I apprehend that both these objects may be obtained from an impost on articles imported into the United States.

In pursuing this measure, I know that two points occur for our consideration. The first respects the general regulation of commerce; which, in my opinion, ought to be as free as the policy of nations will admit. The second relates

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Duties on Imports.

to revenue alone; and this is the point I mean more particularly to bring into the view of the

committee.

Not being at present possessed of sufficient materials for fully elucidating these points, and our situation admitting of no delay, I shall propose such articles of regulations only as are likely to occasion the least difficulty.

The propositions made on this subject by Congress in 1783, having received, generally, the approbation of the several States of the Union, in some form or other, seem well calculated to become the basis of the temporary system, which I wish the committee to adopt. I am well aware that the changes which have taken place in many of the States, and in our public circumstances, since that period, will require, in some degree, a deviation from the scale of duties then affixed: nevertheless, for the sake of that expedition which is necessary, in order to embrace the Spring importations, I should recommend a general adherence to the plan.

This, sir, with the addition of a clause or two on the subject of tonnage, I will now read, and, with leave, submit it to the committee, hoping it may meet their approbation, as an expedient rendered eligible by the urgent occasion there is for the speedy supplies of the federal treasury, and a speedy rescue of our trade from its present anarchy.

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Resolved, As the opinion of this committee, that the following duties ought to be levied on goods, wares, and merchandise, imported into the United States, viz: On rum, per gallon, of a dollar; on all other spirituous liquors, ; on molasses, ; on Madeira wine, ; on all other wines, mon bohea teas per lb., -; on all other teas, -; on brown sugars, -; on loaf sugars, ; on all other sugars, ―; on cocoa and coffee, -; on all other articles, per cent. on their value at the time and place of importation. That there ought, moreover, to be levied on all vessels in which goods, wares, or merchandises shall be imported, the duties following, viz: On all vessels built within the United States, and belonging wholly to citizens thereof, at the rate of per ton.

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On all vessels belonging wholly to the subjects of Powers with whom the United States have formed treaties, or partly to the subjects of such Powers, and partly to citizens of the said States, at the rate of On all vessels belonging wholly or in part to the subjects of other Powers, at the rate of

[H. OF R.

of our constituents at that time; and, I believe, nothing since has intervened to give us reason to believe they have made an alteration in their sentiments.

Mr. WHITE.—I wish filling up the blanks may be deferred until the business is more matured; nor will this be attended with a loss of time, because the forms necessary to complete a bill will require so much as to give gentlemen leisure to consider the proper quantum of impost to be laid, as well on the enumerated articles as on the common mass of merchandise rated ad valorem ; for, as was hinted by my colleague, something may have occurred to render an alteration in the sums recommended in 1783 in some degree necessary; and if so, time will be given to consider the subject with more attention in the progress of the bill, and no unnecessary delay can arise; wherefore, I move you, sir, that the committee now rise, report progress, and ask leave to sit again.

Mr. MADISON.-I do not consider it at this moment necessary to fill up the blanks, nor had I it in contemplation at the time I offered the propositions. I supposed that most of the gentlemen would wish time to think upon the principles generally, and upon the articles particularly; while others, who, from their situation and advantages in life, are more conversant on this subject, may be induced to turn their particular attention to a subject they are well able to do justice to and to assist the committee with their knowledge and information; unless such gentlemen are now prepared and disposed to proceed in filling up the blanks, I shall second the motion for the committee's rising.

Mr. PARKER.-As it is impossible that gentlemen should be prepared to go into the immediate discussion of my worthy colleague's motion for raising an impost, I shall heartily concur in the motion for the committee's rising.

The question on rising being put, was agreed to; when

Mr. SPEAKER resumed the Chair, and Mr. PAGE reported progress.

Adjourned until to-morrow.

THURSDAY, April 9.

EGBERT BENSON, from New York, and ISAAC COLES, from Virginia, appeared and took their

seats.

Mr. BOUDINOT, from the committee appointed to prepare rules for the government of the House, made a further report; which, being read, was ordered to lie on the table.

Mr. LEONARD and Mr. WYNKOOP asked and obtained leave of absence.

Mr. BOUDINOT.-The necessity of adopting some measure, like the one proposed by the honorable gentleman from Virginia, is too apparent to need any argument in its support. The plan which he has submitted to the committee, apThe SPEAKER laid before the House a letter Pears to be simple and sufficiently complete for 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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TUCKER, MADISON, and BLAND, were elected by ballot for that purpose.

DUTIES ON IMPORTS.

[APRIL, 1789.

With great deference I have submitted these sentiments to the committee, as what occurred to me to be the better plan of the two; though, I 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 proposition laid before the committee by the honorable gentleman from Virginia, (Mr. MADISON,) will now, I presume, Mr. Chairman, recur for our deliberation. I imagine it to be of considerable importance, not only to the United States, but to every individual of the Union. The object of the revenue alone would place it in this situation, and in this light I mean now to consider it. If I am not mistaken, the honorable mover of the plan viewed it as a temporary system, particularly calculated to embrace the Spring importations; therefore, in order to discover whether the mode laid before you is well calculated to answer this end, it will be proper to consider its operation. The plan consists of certain distinct propositions; one part is intended to lay a specific sum on enumerated articles, the other a certain per cent. ad valorem perhaps simplifying the system may be productive of happy consequences, and it strikes me that confusion and perplexity will be best avoided by such a measure; hence, it may be proper to lay a duty at a certain rate per cent. on the value of all articles, without attempting an enumeration of any; because, if we attempt to specify every article, it will expose us to a question which must require more time than can be spared, to obtain the object that appears to be in the view of the committee. A question, I say, sir, will arise, whether the enumeration embraces every article that will bear a duty, and whether the duty to be affixed is the proper sum the article is able to bear. On this head, sir, I believe that the committee have not materials sufficient to form even the basis of the system, beside being wholly incompetent to determine the rate most advantageous to the article of revenue, and most agreeable to the interest and convenience of our constituents. Knowledge on these points can only be obtained by experience; but hitherto we have had none, at least of a general nature. The partial regulations made by the States, throw but little light on the subject, and its magnitude ought to induce us to use the greatest degree of caution.

Mr. FITZSIMONS.-I observe, Mr. Chairman, by what the gentlemen have said, who have spoken on the subject before you, that the proposed plan of revenue is viewed by them as a temporary system, to be continued only until proper materials are brought forward and arranged in more perfect form. I confess, sir, that I carry my views on this subject much further; that I earnestly wish such a one which, in its operation, will be some way adequate to our present situation, as it respects our agriculture, our manufactures, and our commerce.

An honorable gentleman (Mr. LAWRENCE) has expressed an opinion that an enumeration of articles will operate to confuse the business. So far am I from seeing it in this point of view, that, on the contrary, I conceive it will tend to facilitate it. Does not every gentleman discover that, when a particular article is offered to the consideration of the committee, he will be better able to give his opinion upon it than on an aggregate question? Because the partial and convenient impost laid on such article by individual States is more or less known to every member in the committee. It is also well known that the amount of such revenue is more accurately calculated and better to be relied on, because of the certainty of collection, less being left to the offcers employed in bringing it forward to the public treasury. It being my opinion that an enumeration of articles will tend to clear away difficulties, I wish as many to be selected as possible; for this reason I have prepared myself with an additional number, which I wish subjoined to those already mentioned in the motion on your table; among these are some calculated to encourage the productions of our country, and protect our infant manufactures; besides others tending to operate as sumptuary restrictions upon articles which are often termed those of luxury. The amendment I mean to offer is in these words: I shall read it in my place, and, if I am seconded, hand it to you for the consideration of the committee:

Resolved, As the opinion of this committee, that the following duties ought to be laid on goods, wares, and merchandise imported into the United States, to wit:

A system of the nature which I hinted at, will, in my opinion, be not only less complex and difficult 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 one, that I esteem to be best which requires the least time to form it.

wheel carriages; chaise, solo, or other two wheel carriages; nutmegs, cinnamon, cloves, raisins, figs, currants, almonds.]

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