CONGRESS. PHILADELPHIA HOUS 3 REPRESENTATIVES, ] December 22. In commit ee of-1| ; whole, on the bill relative to the choice , el/Bo, rs 0 f President and Vice-Pre J: dent ; d termintfjjg w Jjat ojflcer Jhall ast as President ca J e °J vac 'mcies in the office both of Prejident and | ice-Prejr.j elit^ JTHt k'" '.vas read by the Clerk—the firlt lection •, as t hen read by the Chairman, .j." * ucker- nioved to amend this clause by linking out these words, " except in cases in vv lich an exti aordinary election of President and Vice-Pi pficien t flhtaJl take place, as hereinafter peciheci ; this metion was agreed to. Mr. iedgvvi L .] 4 madefome general observations on the gru objects of the bill, and adverting to the term p'opofed for the choice of elec r tor>i of 1 elident ,j Vice-President—observed that he nad his do bts whether it would not be belt to £ lve a j' 1 i j time. He enlarged on the difa greejble . onfequerices which would probably Vn)ue,iii c a f e (here Ihould not be a choice by the e | C " :s * as the bufinef# mult then be determi iiec y t h e House, voting, according to the con ltitution, by States. He difcanted'on the per nicious ' on f«(]uences which might result from the co in' loa of parties, and the working of paf 11011s Hi he breads of men whose ardor would proba be exc i teci to the grcateft degree UIJ lucli u ca f lon .he said every reasonable mea ure i, j.| he adopted to prevent the evils which le c e ated ; he therefore moved that the words tydays{hould be struck out, ill order t0 g u< e people a longer time to give in their votes electors. hite objected to 1 the motion ; he con- C^'. v ' '- c w as calculated to produce the very snif chie h e gentleman appeared to deprecate. If Kll -en polfible, he could have wiihed that t - lf itors Ihould meet and give in their votes 01 j veVy day of their being chosen ;he wi(h much as the gentleman to adopt nieafures event the evils he mentioned — but did not - the motion would conduce to that object ; .bought the time Ihould rather be contracted extended. Mr. Dayton also objected to the motion ; he thought 14 days would be a more proper time ; i : was the deiign of the conftituiion,, though it is not exprefled, that the President lhould & not know the characters to whom he is indebted for his election. Mr Sedgwick observed that the objections would be very proper was it certainly known that the dehors would always agree in a choice ; but this he conceived, it was hardly polfible Ihould always be the cafe—and what will then taxe place Ihe election devolves on this house and the electors will then be known, and liable to all that inti igue and cabal which has prevail ed in other countries. He left it to the consi deration ol the committee to determine 011 the i mine life importance of providing in season a gainlt the evils of a contelted election, in the cafe now belore them. Mr. Baldwin objected to the motion ; but said if it was It ruck out, he (hould then move to insert a clause which ihould alfign different periods ac cording to the circufnftances of the several States that the electors Ihould meet as nearly as pol fible at the fame time in all the States. Mr. Niles objected to the motion ; and the qneftion being put, it was negatived. The clause which makes it the duty of the ex ecutive of the several States to cause ihe names ol the electors to be certified, was objected to Mr. Niles observed that no person could be called upon to discharge any duty on behalf of tije United States, who had not accepted of an appointment under their authority. Hethoujilu that this was opening the doo> too wide, and in volves a blending oft he relpective powers and du nes of each, which are not warranted by the con ftituiion ; and he observed that he Ihould be sorry that the government of the United States Ihould attempt to exercise a power which thev are not competent to carrying into execution. He nioved that the clause Ihould be struck out Mr. Sedgwick observed that if Congress were not authorized to call 011 the executives of the several States, he could not conceive what de ception of persons they were empowered to call upon. Mr. Niles said he considered this section as degrading to the executive of the several States ; and enquired what is to be done in cafc those I executives ftiould refufe to comply with the re quifition ! t Mr. Clark said jt appeared to jjim that the committee was creating difficulties where none before existed. He observed' that the chufing these electors was a privilege conferred oil the people, and that this was merely pointing out the modeof exercifingthis privilege ; he thought the clause flood very well and would create no uneasiness whatever. •> Mr. Hillhoufe said he considered the provision improper, it imposed a duty on the supreme ex ecutives of the several States, which they might, or might not execute ; and thus the neceifary certificates may not be made. He seconded the motion to strike out the clause, and proposed a fubftitnte making ic the dnty of the electors to procure for themselves the necessary certificates. Mr. Livermpre spoke in favor of the clause ; he did not conlider it either as an undue affutn tion of power, or degrading to the executives of the refpeiftive States. Mr. Barnwell said a small addition to the clause would in his opinion obviate every difficulty ; the words he proposed to insert were—or fucli person as the executive may appoint. Mr. Sturges moved to strike out " Executive," and insert the Legijiature. Mr. J. Smith said it appeared to him that the proposed alteration would amount to exactly the fame thing—for theduty of givingthe certificate would eventually devolve on the executive. The motion for striking out the clause was ne gatived. , The yth fetflion provides that in cafe of va cancies in the offices of President and Vice-Pre fident, the President of the Senate pro tem. or the Speaker of the House of Representatives fliall acft as President. Mr. White moved the fe<ftion should be struck out—he said the House had for merly difeufled the fubjedt and could not agree : the fir it part of the bill is neccflary—this he said is not of immediate importance to be attended to. Mr. Kitzfimons said he supposed the q-ueftion mull be determined some time or other, and he knew? of no reason why it fhduld not be decided at this time ; to strike out the clause would in effetft be to declare that the House could not agree Mr. Williamfon was in favor of striking our. Mr. Livermore objected to the motion ; lie said no two iubjeCls could possibly be more intimate ly connected—and the provisions of Llie bill are Inch as to render the intermission, during wlucli tliis regency was to take place, as Ihort as polli ble—he hoped the clause would not be struck out. Mi. VV hite added some further objections to the fediion ; he said it was diltindt from the bill, and though a majority of the committee were in fa vor of the characters nominated—yet bethought it would be belt to make it the objedt of another bill, and of an independent discussion. Mr. Sedgwick said he hoped the fectioo would not be struck out, especially if there is a majori ty of the committee in favor of it. He observed that 1a it feflion there was no decision in the cale he conceived it neceflkry that the business should be now decided on—and adverting to the par ticular characters named —he said.they were as far removed from any influence of the executive as any perlons that could possibly be pointed out. Mr. Barnwell was in favor of going into a dif cirlnon of the lubjeCl at this time fie laid there was a large number of the present House who had not heard the obl'ei vations offered in thelalt Congress ; lie fuppufed the present as proper a time to eonhder the fubjetft as any that could occur—if gentlemen who are opposed to the lec tion will offer their objections, he fhauld be Had to hear them ; jt they were conchifive, he /huuld vote to ft'"ike out the section. If nothing was offered he should vote againlt the motion. Mr.Starges mentioned several objections to the lection, which m his opinion rendered it un conihtutional ; he could not find that the Speak er of the House or Prelident of the Senate 4,•„ an. weie officers of the government in the sense contemplated by the conltitution. The com pen fat ions of the Frefident and Vice-Prfefident are (ettled by the House ; the Speaker would have to decide on those csmpenfations, this he said rendered him evidently improper. He further oblerved that the confcquence would be, caball lnf,an? electioneering in lhe choice of Speaker. lr. \\ hite the Speaker was not a perma nent otncer, if he could be considered as one in any point of view—but he was of opinion, that he was no more an officer of government than every other member of the House. I"he queltion for fhiking out the fedion was negatived. Mr. Sturges then moved to strike out the words " the President of the' Senate pro tempore, and the Speaker of the Houi'e of Representatives." i /',? Hated tlie reasons which he conceiv -1 ,ul V P rovecl 'lie unconflit utionality of the clause. 1 he■characters referred to he did not think were officers. If they had been confide, ed as inch it ts probable iliey would have beeii de iiguated m the couftiiution j the coiiftitution re 298 fers to foine permanent officer to be creaied nu. fuant to the provisions therein contained. 1 i heie persons are not permanent ; a perm i nent officer was contemplated, the fubieft w" not to be left to any cafualty,.if it could pufiiblv be prevented Mr. Sedgwick said Jie did not know what of ncer could with propriety be said tote per, )la nent ; offices are held during good behavior some instances, and in others during pleasure— but-it will be impolTible to fay that any officer is a permanent officer, for ,»he exprfeflion is very ex tenflve. * He was surprized to hear the idea controvert ed, that the Speaker of the House, or the Presi dent of the Senate, pro tem. is .not an officer — In common parlance he was sure there was no difficulty in the business. Mr. Gerry observed chat some gentlemen had said the Speaker is not an officer— bnt if he is noc ail officer, what is he ?—He theji read a clanfe from the confutation, which fays that the House (hall choose their Speaker and other officers.— hoped, however, that the Speaker of thp House of Representatives woufd he struck out, in order to avoid blending the legiffative and executive branches together—He considered thw measure as a political stroke of the Senate ; Jput he hoped that the House would never consent to making their Speaker an amphibious animal—He moved therefore thafc the words " Speaker of the House of Representatives" ifhould be struck aut. Mr. Hillhoufe objected to any officer appointed by the executive's being inferred—He said, if that should be ihe cafe, the appointments would, in molt cases be made with reference to that ob and hence important offices would often be filled with improper and incompetent characters — Betides, it was taking away the choice from the people, and thus violating the firft principle of a free elective government. The Senate Hie appointed by the people, or their representatives, and hence, in his opinion, filling the vacancy would devolve with the greatell propriety on that body. Mr. Williamfon was in favor of the motion for (hiking out both the characters.—He observ ed, that this extensive conftrntftion of the meau ing ofthe word officer, would render it proper to poiut out any person in the United States,whe ther connected with the government or not, as a proper person to fill the vacancy cont6inplated. WEDNESDAY, January jr. A meflkge, from die Pixlident of the United Stares, was delivered by Mr. Secretary Lear, to getiier with two reports from i lie Secretary of the Department of War, refpetfing thefiiuation o( affairs ill the Wettern Country —Which bein" confidential', the gallery was cleared. i liURSDAY, January 12. A nieflage was received l'roni tlicSenate by Mi Ons their Secretary, informing that they have palled the bill lent from the House, extending t ie tune liinitted for fettling accounts between tile United States and individual States, with a inendinents, to which they icqueil the concur lence oi the Houic. Alio, that ihey have pafled a bill for the en couiagement of the bank and other cotl-fifh. eries, and for regulating clie seamen employed t iei exii, in which they requelt the concurrence of the House. I he House i hen proceeded to the reading of li„ papeis and documents communicated in the 1 ieiideiit's ir.clfage of yelterday—which occa lioued the galleries Co be /hut. T , ... . FRIDAY, January 13. I'i V' 1 lorn l ' le Senate, entitled art act for the cncouragc icnt of the bank, and other osa-fifhei ies, and to regulate the fifii ermen employed therein, was read the H,ft and fcco.id tint s, and relcrred to a committee ol the whole Hotile-tu be the order of ihc day so, the 23d instant. ' A ineffage was received from the Senate, by Mr. Secretary Otis ' 1 \ r , 1 11 '" 'heHoufe 'hat they have pa(fed a bill, entitled, "An ■ e '"8 a Mint, and regulating the Coins of the United ■ les ui which they lequeit the concurrence of theHoufc— read the bill and fecotid times, aud referred to a committee of the ole House—to be the order of the day for Thursday next, 011 ' ncms °' l ' lc Senate to the bill for extending the time • , c . °* culuig tbc accounts oi the United States with the n.7 US US ' weic ' ,11 0 confederation, and agreed to— 1 j c am^ n -ents piovided, by an additional fe£tion, for the set- I ,' "j° l . a «"Mm»ofihe (late of Vermont—laid accouuts to ' d by tile firft of December next. th ,™ m 'r °," Ule f )cuiiu " ul Richard Lloyd, reported,that the petitioner have leave ,0 withdraw his petition. anil uavm"!! °f eor ß e was lead, praying f'ettletnent II vorl *(' a " ac, " ou,lt '°i trucking of sundry public pioper f'cT ed 1 [h i ' hte " dVy bMrd ,ur < hc Kaliern Depattment " ° Se «"» r y of the Treasury— Sundry other petitions A'oetitioft " T d ' fferCnt h " ds ol departments. Virpini wl "" X Ullliiu itants of the county of Frederick, diftilf-d'f i a mo dification aud alteration of the Te Ho 1'• 'J'r rCd to tht S « r " ar v 'he Treasury. mor alof F "' C | ,lle ; co " r »»«'"o" of the report on the me nu; with tl J "i" IJ° » Others, coinnnfTioners for treat fubftau« ■( r ~ an BlCCdtC>lh<: lo "ow'%' resolution, in oroo r a C T""" VC a PP"""cd to br.ng in a lull toap iialifts an J 'fn U ' n t ° ft- dollars, to be aliowed to the memo n, f omVrf ?" their extra exoences in going to, and return pooin d K V : Mcffrs - Tucktr . G.les, and J. Smith, were appouiteu the corniniitce. % J lu committee ot the whole nn rh* k;n ~r rn u. u the bill to ascertain aim regulate inc. claims to naif pav. arid tn hiujU , > r »*-• • , , " . » to luvalia pennons. The committee nade fund,y amendments to the bill; aud proceeded thTolgl' w.tl he r° e°d w hole_they then , ofe aud repo, ted the fame with the amendments which weie latd on tl.e taoU, and the aujournt*, tiu Mjtidav iu xt
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