That the first named member of any committee, appointed by the Speaker, or the House, shall be the chairman; and in case of his absence, or being excused by the House, the next named member, and so on, as often as the case shall happen, unless the committee, by a majority of their number, elect a chairman. It shall be the duty of any committee to meet, on the call of any two of their members, if the chairman be absent, or decline to appoint such meeting: The House proceeded to consider the said motion at the Clerk's table, and the same being twice read, was, upon the question put thereupon, agreed to by the House. On a motion made and seconded, Resolved, That so much of the rules and orders of this House, under the fourth head "of Committees of the Whole House," as is contained in the third paragraph thereof, be amended, by striking out, in the fourth line of the paragraph, the word "title," and inserting, in lieu thereof, the word "preamble." A petition of Bayze Wells, of Farmington, in the county of Hartford, in the State of Connecticut, was presented to the House and read, praying to be placed on the list of pensioners, as a lieutenant, in consideration of hardships and disability incurred by the petitioner, during the Revolutionary war with Great Britain. Also, a petition of the Governor, Judges, and Secretary, of the Indiana Territory, pray. ing to be compensated for services rendered under the act of Congress, entitled "An act erecting Louisiana into two Territories, and for providing for the temporary Government thereof," for which no provision has been made by law. Ordered, That the said petitions, together with the petition of Francis Adams, presented to this House on the eleventh of December, one thousand eight hundred and four, and the petition of James Bonnell, presented to this House on the second of Janu ary last, be severally referred to the committee of Claims. A petition of George Rogers Clark was presented to the House and read, praying that Congress will confirm to him a grant of lands, made by the chiefs and head men of the Piankeshaw nation of Indians, on the sixteenth day of July, one thousand seven hundred and seventy-nine. Ordered, That the said petition be referred to the Committee on Public Lands. Mr. John Cotton Smith, from the Committee of Claims, to whom were referred, on the sixteenth instant, the memorial of Return Jonathan Meigs, junior, with the report of the Committee of Claims thereon, made on the eighteenth of February last, made a report thereon; which was read, and ordered to be committed to a Committee of the Whole House on Tuesday next. A petition of sundry inhabitants of the counties of Chesterfield and Amelia, in the State of Virginia, whose names are thereunto subscribed, was presented to the House and read, praying that the present post road from Manchester to Colesville, which passes by Chesterfield Court House, may be extended from thence to Spring Hill, and from thence on to Mansfield, in the county of Amelia. Ordered, That the said petition be referred to the Committee on Post Office and Post Roads. The several orders of the day were farther postponed until Monday next. MONDAY, DECEMBER 23, 1805. A message, in writing, was received from the President of the United States, by Mr. Coles, his Secretary, transmitting a report from the Governor and presiding Judge of the Territory of Michigan, relative to the state of that Territory; which were read, and ordered to be referred to Mr. Jackson, Mr. Morrow, of Ohio, Mr. Smilie, Mr. Ellis, and Mr. Moore, of South Carolina. Mr. Dawson, from the committee appointed, on the fourth instant, on so much of the message of the President of the United States as relates to the aggressions committed on our coasts by foreign armed vessels; to the defence of our ports and harbors; to the building of seventy-four gun ships; and to the prohibiting of the exportation of arms and ammunition; made a report thereon, in part; which was read, and ordered to be committed to a Committee of the Whole House on the state of the Union. A petition of the inspectors of the customs of the city of Baltimore, in the State of Maryland, whose names are thereunto subscribed, was presented to the House and read, praying an increase of the compensations granted them by law. Ordered, That the said petition be referred to the Secretary of the Treasury, with instruction to examine the same, and report his opinion thereupon to the House. On a motion made and seconded that the House do come to the following resolution: VOL. V.-27 Resolved, That in the case of the contested election in the State of Georgia, the memorialist and the sitting member shall, if they desire it, be heard by counsel, before the bar of the House: And, the question being put thereupon, It was resolved in the affirmative. On a motion made, and leave given by the House, Mr. Crowninshield, from the Committee of Commerce and Manufactures, presented, according to order, a bill to provide for light houses in Long Island Sound: and to declare Roxbury, in the State of Massachusetts, to be a port of delivery; which was received, and read the first time. On motion, The said bill was read the second time, and ordered to be committed to a Committee of the Whole House on Wednesday next. A petition of sundry merchants, traders, and others, of Lynchburg, in the State of Virginia, whose names are thereunto subscribed, was presented to the House and read, praying that a post route may be established between Lynchburg and Danville, in Pittsylvania county, and between Lynchburg and Lexington, in Rockbridge county. Also, a petition of sundry other merchants and traders, of Lynchburg, in the State of Virginia, praying the establishment of a weekly mail stage coach, from Richmond to Lynchburg, by way of Prince Edward Court House. Also, a petition of sundry inhabitants of the States of New Jersey and Pennsylvania, praying the establishment of post offices on the road leading from Belvidere to Springfield; from thence to Knolton Mills; from thence, through the Water Gap, to Dutotsburgh; and thence to Stroudsburg. Also, a petition of sundry inhabitants of the towns of New Marlborough, Sandisfield, and Granville, in the State of Massachusetts, praying that a post route may be established from Hartford to Sheffield, Great Barrington, or Stockbridge, so as to pass through the said towns of New Marlborough, Sandisfield, and Granville. Ordered, That the said petitions be severally referred to the Committee on Post Office and Post Roads. A petition of Thomas Snowden was presented to the House and read, praying relief in consideration of a wound received whilst a sergeant in the army of the United States, during the Revolutionary war with Great Britain. Also, a petition of Robert Connelly, praying relief in consideration of blindness and other infirmities with which he is afflicted, in consequence of fatigue and hardship, sustained while a soldier in the service of the United States, during the Revolutionary war with Great Britain. Ordered, That the said petitions be severally referred to the Committee of Claims. Mr. Gregg, from the Committee on the Public Lands, to whom was referred, on the twentieth instant, the petition of George Rogers Clark, made a report thereon; which was read, and considered: Whereupon, Resolved, That the prayer of the petition of George Rogers Clark ought not to be granted. A memorial of the Philadelphia Chamber of Commerce, signed by Thomas Fitzsimons, their President, was presented to the House and read, praying the consent of Congress to an act of the Legislature of the State of Pennsylvania, passed the fifteenth of March last, entitled "An act to empower the Board of Wardens for the port of Philadelphia, to collect a certain duty on tonnage, for the purposes therein mentioned," the better to enable the memorialists to sink additional piers in the river Delaware, for the security and protection of vessels employed in the commerce of the port of Philadelphia. Ordered, That the said memorial be referred to the Committee of Commerce and Manu factures. A memorial of the Mayor, Aldermen, and Commonalty, of the city of New York, was presented to the House and read, praying that prompt and efficient measures may be taken by Congress for putting their city and port into an adequate state of defence. Ordered, That the said memorial be referred to the committee appointed, on the fourth instant, on so much of the message of the President of the United States as relates to the aggressions committed on our coasts by foreign armed vessels; to the defence of our ports and harbors; to the building of seventy-four gun ships; and to the prohibiting of the exportation of arms and aminunition. A petition and memorial of Samuel Blodget was presented to the House and read, praying that Congress will designate the site intended for the University of Washington, with the additional lots or lands that may be intended therefor: and also that they will be pleased to grant such other patronage thereto, as in their wisdom may appear expedient. Ordered, That the said petition and memorial be referred to Mr. Quincy, Mr. Magruder, Mr. Lewis, Mr. Covington, and Mr. Thompson, of Virginia; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. On a motion made and seconded, Resolved, That the President of the United States be requested to inform this House, whether any, and what, measures have been taken by the States indebted to the United States, to discharge the balances due under the provisions of the act, passed on the twenty-third day of June, one thousand seven hundred and ninety-seven, entitled "An act to provide for the further defence of the ports and harbors of the United States." Ordered, That Mr. Dawson and Mr. Bryan be appointed a committee to present the foregoing resolution to the President of the United States Ordered, That Mr. Goldsborough have leave to be absent from the service of this House for one week, Mr. Dickson for ten days from this day, and Mr. John Whitehill for three weeks from Thursday next. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the report of the Committee of Elections, respecting the contested election of Cowles Mead, one of the members returned to serve in this House, from the State of Georgia; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Dawson reported that the committee had, according to order, had the said report under consideration, and made some progress therein; but not having time to go through the same, had directed him to move for leave to sit again. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said report. Mr. Bidwell, from the committee to whom was referred, on the twelfth instant, a resolution respecting William Eaton, made a report thereon; which was read, and ordered to be committed to a Committee of the Whole House on Wednesday next. A memorial of the manufacturers of hats, of the city of Baltimore, whose names are thereunto subscribed, to the same effect with a memorial of sundry other manufactu rers of hats, of the city of Philadelphia, presented to this House on the tenth instant, was presented to the House and read. Ordered, That the said memorial be referred to the Committee of Commerce and Manufactures. A petition of Anna Byrd, administratrix, with the will annexed, of Otway Byrd, de. ceased, late Collector of the Customs for the District of Norfolk and Portsmouth, in the State of Virginia, was presented to the House and read, praying that an act of Congress may pass to authorize the real estate of the decedent, in the States of Ohio and Kentucky, to be commuted at a fair valuation, in payment of a debt due from the decedent to the United States. Ordered, That the said petition be referred to the Committee of Ways and Means. TUESDAY, DECEMBER 24, 1805. Another member, to wit: Roger Nelson, from Maryland, appeared, produced his credentials, and took his seat in the House; the oath to support the Constitution of the United States being first administered to him by Mr. Speaker, according to law. Mr. Crowninshield, from the Committee of Commerce and Manufactures, to whom was referred, on the tenth instant, the petition of Simon Phillipson, made a report thereon; which was read, and ordered to be committed to the Committee of the Whole House to whom was committed, on the twentieth instant, the bill to extend the time for taking the oath and giving bond in cases of drawback, and for other purposes. Mr. Crowninshield, from the same committee, to whom was referred, on the sixteenth instant, the petition of Isaac Clason, made a report thereon; which was read, and ordered to be committed to the Committee of the Whole House to whom was committed, on the twentieth instant, the bill to extend the time for taking the oath and giving bond in cases of drawback, and for other purposes. Mr. John Cotton Smith, from the Committee of Claims, to whom was referred, on the twelfth instant, the petition of John F. Randolph and Randolph McGillis, made a report thereon; which was read, and ordered to be committed to a Committee of the Whole House on Tuesday next. A petition of sundry settlers and purchasers of the lands of the United States Northwest of the Ohio river, whose names are thereunto subscribed, was presented to the House and read, praying that further time may be allowed them to make payment of the first instalment, due on the first of January next, for the lands by them respectively purchased. Ordered, That the said petition be referred to the Committee of Ways and Means. A petition of Edwin Lewis was presented to the House and read, praying the right of pre-emption to a tract of land East of Pearl river, in the Mississippi Territory, which he has improved and settled. Also, a petition of James Callier, of Washington county, in the Mississippi Territory, praying redress of injury and oppression, sustained by the decision of the Commismissioners appointed to adjust the claims to land East of Pearl river. Ordered, That the said petitions be, severally, referred to the Committee on the Public Lands. A petition of John Keehmle and others, whose names are thereunto subscribed, was presented to the House and read, praying that they may be allowed the benefit of depreciation, and other arrearages of pay, due them for services rendered the United States, during the Revolutionary war with Great Britain. Ordered, That the said petition, together with the petitions of Jonathan Moore, administrator, and one of the heirs of David Moore, deceased, and of Seth Bowen, presented to this House on the ninth of January; also, of Eli Elmer, presented to this House on the sixteenth of January, one thousand eight hundred and four; be, severally, referred to the committee appointed, on the fifth instant, "to inquire whether any, and, if any, what, description of claims against the United States, are barred by the statutes of limitation, which, in reason and justice, ought to be provided for by law." A petition of sundry inhabitants of the counties of Rockbridge and Augusta, in the State of Virginia, whose names are thereunto subscribed, was presented to the House and read, praying that the mail may continue to be carried on the route from Staunton, through Middlebrook and Brownsburg, to Lexington, any application which may be made to Congress notwithstanding. Also, a petition of James West, of Staunton, in the State of Virginia, to the same effect. Ordered, That the said petitions be, severally, referred to the Committee on Post Office and Post Roads. Ordered, That the several petitions of Ludwig Kuhn, of the city of Philadelphia, presented to this House on the ninth of March; of Jonathan Very, presented to this House on the twenty-first of December, one thousand eight hundred and four; and of Daniel Clarke, presented to this House on the seventh of February last; be referred to the Committee of Claims. A petition of Amelie Eugenie de Beaumarchais, heir and representative of Caron de Beaumarchais, deceased, by J. A. Chevallie, her attorney, was presented to the House and read, praying to be relieved against a settlement made by the Comptroller of the Treasury, in which large and unjust deductions have been made from a debt due by the United States to the estate of the decedent, Caron de Beaumarchais. Ordered, That the said memorial be referred to the Committee of Claims. Mr. Dawson, from the committee appointed, yesterday, to present to the President of the United States the resolution respecting a statement of the expenditures of money, by the respective States, in the fortification of ports and harbors, reported that the committee had, according to order, performed that service. The House, according to the order of the day, resolved itself into a Committee of the Whol House on the report of the Committee of Elections, to whom was referred the petition of Thomas Spalding, of the State of Georgia, complaining of an undue election of Cowles Mead, returned to serve in this House, as one of the members for the said State; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Dawson reported that the committee had, according to order, had the said report under consideration, and directed him to report to the House their agreement to the resolution contained in the said report, in the words following, to wit: Resolved, That Cowles Mead, returned to this House as a member thereof, from the State of Georgia, is not entitled to a seat; and that Thomas Spalding is entitled to a seat in this House, as a Representative of the State of Georgia. The House then proceeded to consider the said resolution at the Clerk's table And, on the question that the House do concur with the Committee of the Whole House in their agreement to the said resolution : A division of the said question was called for, And the question being taken that the House do agree with the Committee of the Whole House to the first member of the said resolution, in the words following, to wit: "Resolved, That Cowles Mead, returned to this House, as a member thereof, from the State of Georgia, is not entitled to a seat :" It was resolved in the affirmative, S Yeas 68, 53. The yeas and nays being demanded by one-fifth of the members present, Those who voted in the affirmative, are, Isaac Anderson, John Archer, John Hamilton, James Holland, David Bard, Joseph Barker, John W. Eppes, James Fisk, William Findley, David Holmes, Thomas Newton, jun. John Randolph, Thomas M. Randolph, Thomas Sammons, Thomas Sandford, Martin G. Schuneman, John Smilie, O'Brien Smith, Joseph Stanton, Thomas W. Thompson, Killian K. Van Rensselaer, Joseph B. Varnum, Matthew Walton, Robert Whitehill, Marmaduke Williams, Alexander Wilson, Joseph Winston. Isaiah L. Green, Thomas Kenan, Michael Leib, Henry W. Livingston, Roger Nelson, Timothy Pitkin, jun. |