On motion, The said bill was read the second time, and ordered to be committed to a Committee of the Whole House to-morrow. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill to provide for completing the valuation of lands and dwelling houses, and the enumeration of slaves, in South Carolina, and for other purposes; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Varnum reported that the committee had, according to order, had the said bill under consideration, and made an amendment thereto; which he delivered in at the Clerk's table, where the same was twice read, and, on the question put thereupon, agreed to by the House. Ordered, That the said bill, with the amendinent, be engrossed, and read the third time to-morrow. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill giving power to the stockholders of the Marine Insurance Company of Alexandria, to insure against fire; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Varnum reported that the committee had, according to order, had the said bill under consideration, and made no amendment thereto. The said bill was amended at the Clerk's table, and, together with the amendments, ordered to be engrossed, and read the third time to-morrow. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill to amend the act, entitled “An act for the government and regulation of the seamen in the merchants' service;" and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. John Cotton Smith reported that the committee had, according to order, had the said bill under consideration, and made no amendment thereto. Ordered, That the said bill be engrossed, and read the third time to-morrow. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill for the relief of Samuel Carson; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. John Cotton Smith reported that the committee had, according to order, had the said bill under consideration, and made some progress therein. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the Whole House on the said bill. On motion, Resolved, That the Committee of Commerce and Manufactures be directed to inquire into the expediency of amending the sixty-second section of the act, entitled "An act to regulate the collection of duties on imports and tonnage," in relation to the terms of payment of duties on goods, wares, and merchandise, imported from the "West Indies," and from any foreign ports in North America; and that the committee have power to report by bill or otherwise. The several orders of the day were farther postponed until to-morrow. WEDNESDAY, DECEMBER 19, 1804. A memorial of sundry manufacturers of refined sugar, in the city and State of New York, whose names are thereunto subscribed, was presented to the House and read, praying that a drawback of duty may be allowed on the exportation to foreign countries of sugar refined within the United States, equivalent to the duty on raw sugars employed in the manufacture of the refined sugar so exported, under such regulations as will tend effectually to secure the public revenue from injury in the amount and collection thereof. Ordered, That the said memorial, together with the memorial of sundry merchants, ship builders, farmers, planters, and other persons, concerned in navigation, residing in Saint Mary's county, in the State of Maryland, presented the twenty-third of November, one thousand eight hundred and three, and praying "that the office of the Collector of the district and port of Nanjemoy, may be removed to some convenient place on Saint Mary's river, in the said State; as, also, the memorial and petition of sundry merchants, farmers, planters, masters of vessels, owners, ship husbands, and others, of the district of Nanjemoy, in the said State of Maryland, in opposition to the prayer of the said recited memorial, presented on the tenth of January last; be referred to the Committee of Commerce and Manufactures. A memorial of Ann Ledyard, of the State of New York, widow and administratrix of Isaac Ledyard, deceased, was presented to the House and read, praying to be allowed [1801. the commutation of half pay, due for the services of the deceased, as an hospital surgeon and assistant purveyor, in the Continental army, during the Revolutionary war with Great Britain; to which she conceives the legal representatives of the deceased are justly entitled, by resolutions of Congress under the former Government; and, also, that a mistake made by the Commissioner of Army Accounts, to the injury of the deceased, on a settlement of his claims against the United States, amounting, as is sug gested by the memorialist, to a sum between eight hundred and one thousand dollars, may be rectified. Ordered, That the said memorial be referred to the Committee of Claims. Ordered, That the memorial and petition of William T. Smith, of the city of Philadelphia, praying "that certain certificates of funded debt may be granted to him, in lieu of two loan office certificates, heretofore issued in favor of the memorialist, by the Commissioners of Loans of South Carolina and Georgia, respectively," and presented on the seventh of February last, be referred to the Committee of the Whole House to whom was committed, on the sixth instant, the bill making farther provision' for extinguishing the debts due from the United States. An engrossed bill to provide for completing the valuation of lands and dwelling houses, and the enumeration of slaves, in South Carolina, and for other purposes, was read the third time. Resolved, That the said bill do pass, and that the title be, "An act to provide for completing the valuation of lands and dwelling houses, and the enumeration of slaves, in South Carolina, and for other purposes. Ordered, That the Clerk of this House do carry the said bill to the Senate, and desire their concurrence. An engrossed bill giving power to the stockholders of the Marine Insurance Company of Alexandria to insure against fire was read the third time. Resolved, That the said bill do pass, and that the title be, the stockholders of the Marine Insurance Company of Alexandria to insure against fire." An act giving power to Ordered, That the Clerk of this House do carry the said bill to the Senate, and desire their concurrence. An engrossed bill to amend the act, entitled "n act for the government and regulation of seamen in the merchants' service," was read the third time. Resolved, That the said bill do pass, and that the title be, "An act to amend the act, entitled 'An act for the government and regulation of seamen in the merchants' service." Ordered, That the Clerk of this House do carry the said bill to the Senate, and desire their concurrence. 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, of the tenth instant, to whom was referred, on the thirtieth ultimo, a petition of sundry citizens of the county of Washington, in the State of Pennsylvania," complaining of an undue election and return of John Hoge, to serve in this House as one of the Representatives for the said State;" and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. John Cotton Smith 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 same. The House then proceeded to consider the said report of the Committee of Elections at the Clerk's table; and the same being read, in the words following, to wit: "That William Hoge, member of the House of Representatives for the eighth Congress, having, by letter to the Governor of the State of Pennsylvania, dated the fifteenth of October, resigned his seat in Congress, the Governor, in pursuance of the provisions made in the second section of the first article of the Constitution of the United States, issued a writ of election, to supply the vacancy which had thus taken place; that the said writ was issued on the twenty-second day of October, and the election directed to be held on the second day of November, eleven days after the date of the said writ; that the writ was brought by the mail to the prothonotary's office, in Washington, on the thirtieth of October, but not proclaimed by the sheriff till the thirty-first. "It appears to the committee that, though by the second section of the first article of the Constitution of the United States, it is made the duty of the Executive authority of the respective States to issue writs of election to fill vacancies, yet, by the fourth section of the aforesaid article, it is made the duty of the Legislature of each State to prescribe the times, places, and manner for holding such elections. It appears, however, that several elections to supply vacancies in Congress have been heretofore held in Pennsylvania, yet, on examining the laws of that State, it appears that no law exists prescribing the times, places, and manner of holding elections to supply such vacancies as may happen in the representation in Congress; and, consequently, if the election of John Hoge is, on this account, set aside, no election can be held to supply the vacancy, until the Legislature of the State enact a law for that purpose. "By the law for the general election of Representatives to Congress, for Pennsylvania, the sheriff is to give thirty days' notice before the election, and to make the returns within thirty days after it. This election is held near five months before the expiration of the existing Congress. By the law of said State for supplying vacancies in the State Legislature, the Speakers of the respective Houses shall issue writs to supply vacancies that may happen, giving at least ten days' notice. The Governor, in the case now before the committee, has directed the election to be held on the same day, &c. on which the Electors for President and Vice President were to be chosen. There is no proof before the committee of any abuse in the manner of conducting the election, in obedience to the writ issued by the Governor. "While the committee are of opinion that the Legislature of Pennsylvania ought to have appointed, as near as might be, the times, as well as the places and manner of holding elections to supply vacancies in Congress, and that, in ordinary cases, a longer period ought to intervene between the time of public notice and the day of holding the election, yet considering the special circumstances connected with the election of John Hoge, and particularly that the election took place on the day fixed by the State Legislature for the appointment of electors for the State of Pennsylvania, the committee are of opinion that John Hoge is entitled to a seat in this House." So much as is contained in the last part of the fourth clause thereof, was again read, in the words following, to wit: "The committee are of opinion that John Hoge is entitled to a seat in this House." And on the question that the House do concur with the Committee of the Whole House in their agreement thereto, It was resolved in the affirmative, S Yeas ... 69, 38. The yeas and nays being demanded by one-fifth of the members present, Those who voted in the affirmative, are, Willis Alston, jr. Nathaniel Alexander, Simeon Baldwin, Silas Betton, John Boyle, William Butler, Jacob Crowninshield, Manasseh Cutler, Samuel W. Dana, John W. Eppes, The several orders of the day were farther postponed until to-morrow. THURSDAY, DECEMBER 20, 1804. Ordered, That Mr. Bryan have leave to be absent from the service of this House for ten days. The House, according to the order of the day, resolved itself into a Committee of the Whole House on the bill to amend the charter of the town of Alexandria; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Varnum reported that the committee had, according to order, had the said bill under consideration, and made several amendments thereto; which he delivered in at the Clerk's table, where the same were severally twice read, and, on the question put thereupon, agreed to by the House. The said bill was then further amended at the Clerk's table, and, together with the amendments, ordered to be engrossed, and read the third time on Monday next. The several orders of the day were farther postponed until to-morrow. And then the House adjourned until to-morrow morning eleven o'clock. FRIDAY, DECEMBER 21, 1804. Mr. Eustis, from the committee to whom was recommitted, on the eighteenth instant, the bill to regulate the clearance of armed merchant vessels, as amended, reported that the committee had, according to order, had the said bill under consideration, and made several amendments thereto; which he delivered in at the Clerk's table, where the same were severally twice read, and, on the question put thereupon, agreed to by the House. Ordered, That the said bill, with the amendments, be engrossed, and read the third time on Monday next. Mr. Dana, from the Committee of Claims, presented, according to order, a bill for the relief of the legal representatives of the late General Moses Hazen; 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 Monday next. Mr. Dana, from the same committee, to whom was referred, on the thirteenth instant, the petition of Gilbert Dench, made a report thereon; which was read, and considered Whereupon, Resolved, That the prayer of the petition of the said Gilbert Dench ought not to be granted. An engrossed bill for establishing rules and articles for the government of the Armies of the United States, was read the third time, and amended at the Clerk's table, by the unanimous consent of the House: Whereupon, Resolved, That the said bill do pass, and that the title be, "An act for establishing rules and articles for the government of the Armies of the United States." Ordered, That the Clerk of this House do carry the said bill to the Senate and desire their concurrence. A petition of Oliver Evans was presented to the House and read, praying that a law may be passed by Congress to extend the term for which he has obtained a patent, in consequence of the inventions and improvements made by the petitioner in the art of manufacturing flour within the United States, for the further time of fourteen years from the seventh day of January next, for the reasons therein specified. Ordered, That the said petition be referred to the Committee of Commerce and Manufactures. Ordered, That the memorial of John Chamberlain, of the County of Worcester, in the State of Massachusetts, praying "that he may receive the amount of a certain loan office certificate, the property of the memorialist, together with the balance of interest due thereon," which was presented to this House on the second of March last, be referred to the Committee of the Whole House to whom was committed, on the sixth instant, the bill making farther provision for extinguishing the debts due from the United States. A petition of sundry British merchants, and others, subjects of his Britannic Majesty within the United States, whose names are thereunto subscribed, was presented to the House and read, praying that the power and authority granted by law to the Fede ral Circuit Courts may be extended to the trial and determination of "all causes arising under treaties," or to causes where an alien is a party, in which the matter in dispute, exclusive of costs, is under the sum of five hundred dollars; or that such other tribunal may be established for the trial and determination of the said causes, as to the wisdom of Congress shall seem meet. Ordered, That the said petition be referred to Mr. Clopton, Mr. George Washington Campbell, Mr. Gaylord Griswold, Mr. Boyle, and Mr. Huger; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. Ordered, That the Committee of Commerce and Manufactures, to whom was referred, on the nineteenth ultimo, a petition of sundry inhabitants of the town of Cambridge, in the State of Massachusetts, have leave to report thereon by bill, or bills, or otherwise. Mr. Crowninshield, from the committee last mentioned, presented, according to order, a bill declaring Cambridge, 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 engrossed, and read the third time on Monday next. Mr. Crowninshield, from the same committee, who were instructed by a resolution of this House of the seventh instant, to inquire into the expediency of so far amending the act to regulate the collection of duties on imports and tonnage, as to allow the Collector of the port of Philadelphia an additional deputy," presented, acccording to order, a bill to authorize the Collector of the port of Philadelphia to aet by an additional deputy; 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 Monday next. The petitions of Ezra Weston, of the town of Duxbury, in the State of Massachusetts, in behalf of himself and son, and of Jonathan Very, of the town of Salem, in the said State of Massachusetts, were presented to the House and read, respectively praying that they may receive the bounty allowed by law to vessels employed in the whale and cod fisheries of the United States, in the case of the schooners Laurel and Edmund, the property of the petitioners, for the reasons therein specified. Ordered, That the said petitions be severally referred to the committee appointed, on the sixteenth ultimo, "to inquire whether further provisions ought not to be made, by law, for the encouragement of the fisheries of the United States," that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. On a motion made and seconded that the House do come to the following resolution: Resolved, That a committee be appointed to inquire into the expediency of making provision, by law, to authorize the Collectors of the several ports of the United States to deposite, for collection, the bonds received by them for the payment of duties, in the Bank of the United States, or in any of its branches, or in any of the chartered |