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.