number o( Senators shall never be greater th?n otut half, nor less than one third.of the number of Representatives. Immediately after the Senators (hall be ele&ed in consequence oftht firft election, the Senators refidingin each cou/ity shall be divided by lot into three clafles. The feats of the Senators of the firft class shall be vacated at the expiration of the firft year ; of the fccond class at the expiration of the second year ; and of the ihird class at the expiration ot the third year; so that one third may be chosen every year. 4. The General Assembly shall meet on the firft Tnefday in January in every year, unless looner convened by the Governor. 5. Each House (hall choose its Speaker and other Officers ; and also each House, whose Speaker (hall exercise the office of Go vernor, may choose a Speaker pro tempore. 6. Each House shall judge of the ele&ions, returns, and qualifi cations of its own members ; and a majority of each shall consti tute a quorum to do business ; but, a smaller number may adjourn from day to day, and shall be authorised to compel the attendance ofabfent members, in such manner and under such penalties as shall be deemed expedient. 7* Each house may determine the rules of its proceedings, pi:n ifh any of its members for disorderly behavior, and with the concurrnnce of two thirds expel a member; and shall have all other powers neceflary for a branch of the legislature of a free and independent State. 8. Each House shall keep a journal of its proceedings, and publish them immediately after every session, except such parts as may require secrecy ; and the yeas and nays of the members on any question, shall at the desire of any member be entered on the journal. 9- The doors of each House, and of committees of the whole, shall be open, unless when the business is such as ought to be kept secret. jo, Neither House shall, without the consent of the other, ad journ for more than three days, nor to any other place than that in which the tv«o Houses shall be fitting. 11. The Senators and Representatives fnall receive a compen sation for their services, to be afcerta'ned by law, and paid out of the Treasury of the State : Bur, no law varying the compensation shall lake efFe£l, till an ele&ion of Representatives shall have in tervened. They shall in all cases, except treason, felony, or breach ° k c *>eac<\, be privileged from arrest during their attendance at t e feftion of their refpe&tve Houses, and in going to and return ing from the fame ; and for any speech or debate in either House they shall not bequeflioned in any other place. 12. No Senator or Reprefenrative shall, during the time for "which he shall have been ele&ed, be aopointed to any civil office under this State which fhal) have been created, or the emoluments of which shall have been increased during such time. No person concerned in any army or navy contra#, no member of Congrcfs, not any person holding any office under this State, or the United States, (except Attomies at Law and Officers in the Militia) (hall unng his continuance in Congress, or in office, be a Senator or Representative. *3* When vacancies happen in either House, writs of elc&ion nail be lifued by the Speakers refpeftively, or in cases of necefli ty in such other manner as (ball be provided for by law ; and the per ons thereupon chosen shall hold their feats as long as those in "whole (lead they are ele&ed might have done, ft such vacancies had not happened. 14- All bills for railing revenue (hall originate in the House of Keprclematives; but, the Senate may propose alterations as on other bills ; and no bill from the operation of which, when paf ied into a raw, revenue may incidentally arise, shall be acconnted a bill tor railing revenufc; nor (hall anv matter or clause whatever, not immediately relatiugto and necessary for railing revenue, be m any manner blended with, or annexed to, a bill for railing revenue. - v, ° money shall oe drawn from the Treasury, but in con- Jequence of appropriations mace by law ; and a regular ftaiement and account of the receipts and expenditures of all public lhall be publilhed annually. ( TO B E continued.) Oft. 2t. Notwithstanding theprefent apparent public peace and tranquility, it is visible that no fniall uneasiness exists relative to the very consi derable emigrations that have taken place these some weeks pad:. It is a matter of serious con cern also to lee such quantities of cafli every day transferred into foreign countries, which ought, in justice, to remain in the kingdom.—There is no doubt of the reality of the preparations mak ing by the French ex-princes ; and however dis couraging their profpecfis may seem, they are by no means dertitute of powerful friends. The pafl'ages leading to the French frontiers, are as much thronged by people, night and day, as the road between Paris and Versailles. The French inhabitants on the frontier provinces are ex tremely exasperated against the fugitives, and have unanimously declared, that upon the firft authentic news of an invasion, they will imme diately burn and destroy the buildings and pof femons of the old nobility, and will give 110 quar ter to any person whatever, who is found in arms, and in favor of restoring the old govern ment. It is certain, that if a civil war does break out (and as f&r asdepends on the emigrants, that will certainly be the cafe) it will be one of the tnott bloody that has ever happened in the an nals of mankind. 00. 28. Notwnhftanding the very confidera blenumber of French officers that are reported to have deferred their ports on the frontiers, (feme fay 30 or 40 thousand) it is proved that these accounts are exaggerated. A letter from the minister of war to the National Membly ffates the matter as follows. The total number of officers in the French is from ten to eleven thousand, from which have deserted not more than two thousand, exclusive of the body-guards of the king and princes, which are fomethino fliort of 1400 ; and perhaps eight or nine hun dred more from the old reformed corps ■ so that the whole number of deserters is between four and five thousand ; who have referred to the fe veral rendezvous of the ex-princes.— It is certain tha; the number of soldiers that have deserted to the party of the princes is not near so consi derable as that of the officers, and confiderine the obstacles that the German princes have thrown in the way of recruiting for the French princes, if does not seem probable that they will ever be in a condition to invade France with any profpecl 01 success. PARIS. CONGRESS. PHILADELPHIA HOUSE OF RF. PRESEN TA TIVE S, THURSDAY, January 5, 1791. The Houje proceeded in the consideration of the Pofl-Office Bill. TV/TR. FITZSIMONS' proportion for authorif >ng the (tages vvhicli transport the mail to carry palfengers—was further difcufTed. Mr. Clark objected to the proposition—he tho't it would give rile to a contest between the (late and general governments, which he conceived was unneceflary, and had better be avoided. Mr. Seney also objected to it—he said, before such a clause was agreed to, it certainly was in cumbent on the gentlemen in favor of it, to (hew that the regulations in the several states which would be affedted by it, had, or would obflrutfi the transportation of the mail—except this was made to appear, it ought to be well confidcred how far the interference with those privileges would tend to dilturb the tranquility of the go vernment. Mr. Livermore said he had no dotibts on this fubje<sl— the right of Congress to fend the mail in that way which will jbe nvoft for the public advantage, cannot be controverted.—Let gentle fen, said he, consider what would be the conse quence, if fiinilar monopolies existed in all the other states—it would entirely render nugatory the power of Congress to eftablifli poft-offices and post-roads— The consequences of this areea fily to be conceived—lt is said, that the persons vested with these exclusive privileges, have con tracked on as ealy terms as the post-master gene ral could have contracted with any other per sons—but it does not folldw that they will not extort in future—it certainly destroys all compe tition, and leaves ths United States entirely in the power of these perfong. He hoped that the House would not hesitate to adopt the proposi tion. Mr. Seney replied to Mr. Livermore, in a few remarks, in which he juftified the states of Ma jyland and Virginia for granting the monopolies in quefhon. r _ Mr. Gerry said he was in favor of the proposi tion—He aiferted that the power to eftablifli poft roads was coeval with that of eftablilhing poft ofhces; if the former power is not in Congress, t ey have already proceeded too far in exercising the latter power It has been faid,.that the states had a right to grant these monopolies—to this l.e conceded, that they had, previous to the a doprion of the conftnution ; but in consequence of that event, all fnch laws are null and void of courfe.—lt is become necefTary for Congress to carry their power in this refpetl into execution tor he had been informed from good authority, that the post-master general could not contract with these perlons npon the fame terms that he could wuh others-He inrtanced other inconve niencies and disadvantages resulting from this situation of the business, especially by an unne ceflary detention of the mail for two days every week.—Congress ought to define and declar'e he:r powers, that those states which have palled wTtV'.-ef"'!^ 1^ 'ble therewith, may repeal them. With lefpedl to the power of eftabli/hing Poft oftices, none of the states claim a participation of that power ; and as to the eflablifhing poft roads, the states pofiefs any power in thft cafe Congress certainly poflfefs a concurrent power J and therefore this government may certainly make the neceflary regulations, where the states ha e either made improper regulations, or no re gulations at all.—He conceived that jullice to individuals and to the United States, rendered k power! for Congreft to exercise the Mr. Niles enquired, what is the import of the present question ? It is not, Sir, whether you may carry your mail through any of the flrates on foot, on horseback, or i.fa stage-coach It ' not contended, that any law ol " any ftT.e conrtitutionally prevent this. The dates h v a' dopting the confutation, have ceded their'ri^ht has been granted by the ftatp rr rt lor lure, still evict. V ' • government, and i exuts, — You are impowered hv n t'on to eltablifh poft-ofßces and n„ft! c , onflm '; to do whatever imv K» rr Pol'-roads, and rv t-Vioi- • uecetjary and proper to cat* ry that power lnto esses v 7. r,,car »*. i. 314 that you fhculd ered* ftage'-coaches f or the n„ r pole of transporting paflengers ? What ha. f Why, Sir, nothing more than this, by " to the carrier of your mail, a right tl £ rr y Zf fengers for hire, the carriage of the mn ;/, P lmie less expensive. Does thit conf.deraiion rl« der it necejfary and proper, for you to violate th,. laws of the states > If not, you will bv In violate their rights, and' overleap ,h e bound? of your own. Tins business occasion 9 adjudication, order to which the judiciary 2 determine, whether you have a conllituthnil l toeftablifh this regulation, and thifSde p £ on the question wherher it be necejfary and S per : A curious dictionary tav qu " efti , ( an one as'prefume never entered the though of the states when they adopted thec<mftit uti ® , k u- , " g P ecuniar y saving pro ; posed by this regulation, entitles it to tile ch a / racter of a necejfary one ;or in.the sense of th* constitution, n proper one, and so a conflk ut i Bna , one, what may not Congress do under the id., of propriety It may be proper, for the fake of, more advantageous contract for carrying t h" mail, toauthorife the carrier to eredi ferry-boat* for the tranfportatjon both of the mail and of paflengers or to grant the right ofdrjving herd, of cattle over toll bridges and turn-pike road, toll free, in violation both of legal and pnefcrin. live rights-To ere<» port-houses underpeculi£ regulations, and with exclusive right. What Sir, may not be construed as proper to be doni by Congress ? Under this idea, the whole pow era veiled in Congress by the constitution, will be found in the magic word proper, and the states might have spared, as nugatory, all their delibe. rations on the constitution, and have constituted a Congress with general authority to legislate on . ever y fubjedt, and in any manner it might think proper. VVhat l ights then remain to the states . None, Sir, but the empty denomination of republican governments. I consider the oro pofition as an attack upon the rights of the states and fliall therefore give my vote against it. ' Mr. Barnwell said he had no doubt of the cot* uitutionahty of jhe propoficion—but he was of opinion the prefenr was not th«r most eligi ble time to exercise the power.—Still he was of opinion that Congress ought now to declare that it would exercise it at the expiration of the con tracts which at present exist between particular states and individuals, and he moved a proviso to that efFeift. Mr. Lawrance was in fentimentwithMr.Barn well, and seconded his motion for adding a pro viso, as above. Mr. Clark objeded to the proviso—it was le gislating on a fubjet'i wliich the House was en tirely ignorant of—we do not know how long those contracts are to exist ; why should we then interfere in a business which we ought not to do any thing about.—We may fee aside the Jaw, or the state may abrogate it, but in either cafe, the proprietors would be entitled to a full in demnification. bis part, he thought the House was getting into a maze—the bill has long been under consideration, and we feeni tn make no progress. I could wish, said he, 'that the whole bill was buried, and that we might hear no more of poft-offices and port-roads. r - Venable controverted the conflitutionali ty of an interference on the part ps Congress in > efpeifi ro these monopolies—He observed that the conftiturion was totally silent on the fubjedt of paflengers, it limply relates to the tranfporta. tion of lefters—And he conceived that the ope lation of the proposition, would be to create mo nopolies on the part of the United States. I It was here contended that the proviso was not in order—The Speaker said it was not in or der—an appeal was then made to the House, which voted that the proviso was in order—and was then dif'cuffed.] Mr. Wadfworth (aid he was opposed to both the clause and the proviso, he conceived there was no occasion for either—The (late of Con- necticut has granted exclusive privileges to run stages in that Hate—but has referred to ilfelf the poxvei to annihilate those contracts at pleaftire ; ai.d whenever the genera] government (hall make pt ovifion for transporting the mai 1 on those roads, those exclusive privileges will cease—and be did not know but that this was the cafe in other flares. Mr. Livermore said the proviso was the mod: extraordinary he had ever heard in his life— we in the fir(t place in efFe<si abrogate certain laws of particular Hates, and then by a proviso, confirm those very laws. Mr. Lawrance contended, that however extra ordinary the proviso may appear to be, it was ftridtlv proper—Contracts are not be violated — once formed, they are sacred-—the dates had a right to form those contraifls, and to grant those privileges, and therefore the persons enjoying thole advantages, cannot be deprived of them — and though the general government has un doubtedly a right to take the moll eligible me thods for the transportation of the mail, yet the rights of these people ought not to be violated.
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