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