Proceedings. TREASURY DEPARTMENT. [FEB. 26, 1791. That this House doth recede from their disThe House went into a Committee of the agreement to the amendment last proposed by whole on the bill supplementary to the act the Senate, to 'the amendment of this House to establishing the Treasury Department, Mr, the amendment of the Senate, which is proposBOUDINOT in the chair. The committee, after ed to follow the sixty-first section of the bill, some time, rose and reported to the House seve- entitled "An act repealing, after the last day ral amendments, which were agreed to, and the of June next, the duties heretofore laid upon bill ordered to be engrossed for a third reading, distilled spirits imported from abroad, and layOn motion of Mr. SEDGWICK, the memorialing others in their stead; and also upon spirits of Thomas McKean and others, public credi- distilled within the United States, and for aptors, was taken up for a second reading; and, propriating the same;" and doth agree to the after some debate, the following resolution, said amendment to the amendment, amended moved by Mr. S., was agreed to-53 to 2. to read as followeth: Resolved, That it would be inexpedient to alter the system for funding the public debt, established the last session of Congress; and that the prayer of the petition of Thomas McKean and others, styling themselves a Committee of the Public Creditors of the Commonwealth of Pennsylvania, and also of other petitions on that subject, cannot be granted. PUBLIC DEBT. A message from the Senate informed the House, that they had passed the bill to explain and amend the act making provision for the payment of the debts of the United States. POST-OFFICE AND POST-ROADS. The House again went into a Committee of the whole on the bill for establishing the Postoffice and Post-roads, Mr. BOUDINOT in the chair. After some time spent therein the committee rose, and reported progress. FRIDAY, February 25. TREASURY DEPARTMENT. The engrossed bill supplementary to the act establishing the Treasury Department was read the third time, and passed. PUBLIC DEBT. Mr. FITZSIMONS, from the committee appointed for that purpose, reported a bill supplemental to the act making provision for the reduction of the public debt, which was twice read and committed. A Report from the Secretary of the Treasury, concerning certain certificates, issued in some of the States, subsequent to the 1st of January, 1790, which was in favor of funding those certificates, under certain regulations, was read and laid on the table. Another Report from the same officer was read, respecting the loan of three millions of florins, made in Holland, stating the terms on which that loan had been effected. The Report proposed an explanation of a clause in the act, making provision for the reduction of the public debt; and was referred to a select cominittee, to report a bill or bills pursuant thereto. NEW REVENUE BILL. Mr. BOUDINOT, from the managers appointed on the part of this House to attend the conference with the Senate, agreeable to the order of yesterday, made a Report: Whereupon, On motion made and seconded, 66 Seven per cent. of the whole product of the duties arising from the spirits distilled within the United States: And provided, also, That such allowances shall not exceed the annual amount of forty-five thousand dollars, until the same shall be further ascertained by law." It was resolved in the affirmative-yeas 30, nays 29. The yeas and nays being taken, were as follows: YEAS.-Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Goodhue, Hartley, Huntington, Lawrence, Leonard, Partridge, Schureman, Scott, Sedgwick, Sevier, Sherman, Sinnickson, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Vining, Wadsworth, and Wynkoop.-30. NAYS.-Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Carroll, Contee, Floyd, Griffin, Grout, Giles, Jackson, Lee, Livermore, Madison, Matthews, Moore, P. Muhlenberg, Parker, Van Rensselaer, Seney, Sylvester, Smith, of Maryland, Steele, Stone, Sumter, Tucker, White, and Williamson.-29. Ordered, That the Clerk of this House do acquaint the Senate therewith. POST-OFFICE AND POST-ROADS. On motion of Mr. SMITH, (of S. C.) Ordered, That the Committee of the whole be discharged from_further proceeding on the bill for establishing Post-offices and Post-roads of the United States. SATURDAY, February 26. BANK OF THE UNITED STATES. A message from the Senate informed the House, that they have passed the bill from this House supplementary to the act to incorporate the Bank of the United States; and that the Senate have passed a bill to amend the act to establish the temporary and permanent seat of the Government of the United States; to which they desire the concurrence of this House. SALARIES OF EXECUTIVE OFFICERS. Mr. TRUMBULL, from the committee appointed for that purpose, reported a bill in addition to an act, entitled "An act for establishing the salaries of the Executive officers of the Government, with their Assistants and Clerks," which was received and read a first and second time, and referred to a Committee of the whole. MONDAY, February 28. NEXT MEETING OF CONGRESS. A message from the Senate informed the House that they have passed the bill fixing the time of the next annual meeting of Congress without amendment; and the bill supplemental to the act for establishing the Treasury Department, with amendments; to which they desire the concurrence of this House. COMPENSATION TO JUDICIAL OFFICERS. The House went into a Committee of the whole on the bill making compensation to the several officers of the Courts of Law, and reported the bill without amendment. It was afterwards amended in the House, and ordered to be engrossed for a third reading. COMMISSIONERS OF LOANS. [H. of R. nickson, Smith, of Maryland, Smith, of South Carolina, Steele, Stone, Sumter, Trumbull, Tucker, Vining, Wadsworth, White, Williamson, and Wynkoop.-39. NAYS.--Messrs. Ames, Benson, Boudinot, Floyd, Foster, Gilman, Grout, Hartley, Huntington, Leonard, Livermore, P. Muhlenberg, Partridge, Van Rensselaer, Sedgwick, Seney, Sturges, and Thatcher.-18. TREASURY DEPARTMENT. The House agreed to the proposed amend ment of the Senate to the bill supplemental to the act establishing the Treasury Department. PUBLIC DEBT. The House went into a Committee on the bill supplementary to the act making provision for the reduction of the public debt. The committee rose without making any amendment to the bill, and it was ordered to be engrossed for a third reading. TEMPORARY POST-OFFICE. The House also went into a Committee of the whole on the bill granting compensation to the several loan-offices. The committee reported to the House one amendment, which was disagreed to, and the bill was then ordered to be engrossed for a third reading. TEMPORARY REGULATION OF THE POST- committed. OFFICE. Mr. SMITH, of South Carolina, reported a bill for the temporary regulation of the Post-office, which was read the first time. WIDOWS AND ORPHANS OF OFFICERS. Mr. SMITH also introduced a bill for making compensation to the widows and orphan children of certain officers who were killed, or who died while in the service of the United States during the late war, and for the relief of certain invalids and other persons therein mentioned, which was read the first time. Several bills of a private nature were intro duced. TUESDAY, March 1. On motion, Resolved, That the Clerk of the House of Repre sentatives of the United States shall be deemed to continue in office until another be appointed. COMPENSATION TO JUDICIAL OFFICERS. The engrossed bill providing compensations to the officers of the several Courts of Law, and to jurors and witnesses, was read the third time, and passed. SEAT OF GOVERNMENT. The bill from the Senate, to amend an act to establish the temporary and permanent seat of Government of the United States, was read the third time, and passed-39 votes to 18. The bill to continue in force, for a limited time, the act for the temporary establishment of the Post-office, was read the second time and The House immediately went into a Committee upon it, Mr. BOUDINOT in the chair. The House, which were agreed to, and the bill was committee reported several amendments to the ordered to be engrossed for a third reading. WIDOWS AND ORPHANS OF OFFICERS. The bill for making compensation to widows and orphan children of certain officers who were killed, &c. was read the second time and committed. The House immediately went into a committee upon it, Mr. BOUDINOT in the chair. The committee reported the bill without amendment, and it was ordered to be engrossed for a third reading. The three bills above ordered to be engrossed were afterwards read the third time and passed. SALARIES OF EXECUTIVE OFFICERS. The House went into a committee on the bill for establishing the salaries of the Executive Officers of Government, with their assistants and clerks. The committee reported no amendment to the bill, and it was ordered to be en The yeas and nays were taken as follows: RIX-DOLLAR. The proposed amendments by the Senate to the bill repealing so much of the act as establishes the rate of the rix-dollar of Denmark, were agreed to. CONSULS AND VICE-CONSULS. The Senate having disagreed to the amendments proposed by this House to the bill concerning Consuls and Vice-Consuls, and the question for receding being put and negatived, it was resolved that the House do insist on their amendments. DUTY ON WINES. The engrossed bill making further provision for the collection of the duties on teas, and for extending the term of payment of the duties on wines, was read a third time and passed. THURSDAY, March 3. INDIAN LANDS. [March 3, 1791. The House proceeded to reconsider the amendments insisted on by this House, and to their disagreement to which the Senate doth adhere, to the bill, entitled "An act concerning Consuls and Vice-Consuls." Whereupon, Resolved, That this House doth adhere to their said amendments. A message from the Senate informed the House that they had agreed to the amendments proposed by this House to the resolution respecting the ungranted lands within the Territories; that they had passed the bill in addition to the act establishing the salaries of the Executive officers of Government, with their assistants and clerks, with several amendments, to which they desire the concurrence of this House; and that they adhere to their amendment disagreed to by this House, to the bill making compensation to the Commissioners of loans for extraordinary expenses. &c. A resolution received from the Senate, that The House agreed to recede from their disathe President of the United States be request-greement to the amendment to the last mened to cause to be laid before Congress, at their tioned bill, and agreed to all the amendments next session, an estimate of the quantity and of the Senate to the bill in addition to the act situation of those lands not claimed by Indians, establishing the salaries of Executive officers, nor occupied by citizens of the United States, in the territory ceded in North Carolina, north-House that they had passed the bill granting A message from the Senate informed the west of the Ohio, was concurred with. A message from the Senate informed the lands to the inhabitants and settlers at VincenHouse that they adhere to their disagreement nes; and the bill to continue in force, for a to the amendment proposed by this House to limited time, an act for the temporary estabthe Consul bill; that they have passed the billlishment of the Post-office, each with amendmaking further provision for the collection of ments, to which they desire the concurrence of duties on wines; and that they have passed the this House. two following resolutions, to which they desire the concurrence of this House, viz: "That a mint shall be established, under such regulations as shall be directed by law. "That the President of the United States be, and he is hereby, authorized to cause to be engaged such artists as shall be necessary to carry the preceding resolution into effect, and to stipulate the terms and conditions of their service; and also to cause to be procured such apparatus as shall be requisite for the same purpose." The House proceeded to consider the said resolutions; and the second resolution being amended by inserting after the word “such, the word "principal," the same were, on the question put thereupon, agreed to by the House; Ayes 25-Nays 21. The yeas and nays being demanded, were taken as follows: Those who voted in the affirmative, are: YEAS.-Messrs. Boudinot, Cadwalader, Clymer, Contee, Fitzsimons, Floyd, Gale, Gilman, Griffin, Hartley, Lawrence, Lee, P. Muhlenberg, Scott, Sedgwick, Seney, Sevier, Sylvester, Smith, of Maryland, Smith, of South Carolina, Steele, Trumbull, Vining, Wadsworth, and Wynkoop.-25. NAYS.-Messrs. Ashe, Baldwin, Burke, Foster, Giles, Hathorn, Heister, Huntington, Jackson, Leonard, Livermore, Moore, Partridge, Van Rensselaer, Schureman, Sherman, Sinnickson, Sumter, Tucker, White, and Williamson.-21. The House entered upon the consideration of the proposed amendments of the Senate to both the above bills, and agreed to them. A message from the Senate informed the the bill making compensation to the widows and House that they had deferred, till next session, orphan children of certain officers who fell in the late war; that they had agreed to the resolutions in relation to the establishment of a Mint; and had passed the bill supplementary to the act making provision for the reduction of the public debt, with sundry amendments, to which they desire the concurrence of this House. In another message, the Senate recedes from such of their amendments as were disagreed to by this House, to the bill providing compensations for the officers of the Judicial Courts, &c. and informs the House that they had passed a bill to continue in force the act therein mentioned, and to make further provision for the payment of pensions to invalids, and for the support of light-houses, beacons, buoys, and public piers, to which they desire the concurrence of the House. This bill was twice read. AMENDMENTS TO THE CONSTITUTION. Mr. BENSON moved certain amendments to the Constitution of the United States, to be proposed by Congress to the Legislatures of the several States, to wit: "That the Congress shall, either by declaring the Superior or Supreme Common Law Court of the MARCH 3, 1791.] Proceedings. State to be the Court, or by creating a new Court for the purpose, establish a General Judicial Court in each State, the Judges whereof shall hold their commissions during good behavior, and without any other limitation whatsoever, and shall be appointed and commissioned by the State, and shall receive their compensations from the United States only; and the compensations shall not be diminished during their continuance in office. "The number of Judges of the General Judicial Court in the State, unless the same should be altered by the consent of the Congress and the Legislature of the State, shall be in the proportion of one Judge for every persons in the State, according to the enumeration for apportioning the representatives among the several States; but there shall always be at least three Judges in each State. [H. OF R Supreme Court of the United States, and Judges of General Judicial Courts. The trial shall be in the State where the person impeached shall reside; and every law designating the Judges of a Court for the trial of impeachments shall be passed previous to the impeachment; and the designations shall be, not by naming the persons, but by describing the offices, the persons in which offices for the time being, and elected or appointed previous to the impeachment, shall be the Judges; and no person shall be convicted without the concurrence of two-thirds of the Judges' present. "Judgments by the courts so to be established for the trial of impeachments shall not extend further than is provided by the Constitution of the United States, in cases of impeachment, and the party, nevertheless, to be liable and subject to indictment, trial, judgment, and punishment accord "In every State where Congress shall declare the Superior or Supreme Common Law Court to be the General Judicial Court, the Judges shall, by force of their appointments as Judges of the Superior or Supreme Common Law Court, become Judges of the General Judicial Court; and all the powers and duties of the Judges of the Superior or Supreme Common Law Court, either by the Constitution or the laws of the State, shall devolve on the Judges of the General Judicial Court. "The General Judicial Court shall, in all cases to which the judicial power of the United States shall ex-ing to law. tend, have original jurisdiction, either exclusively or concurrently with other Courts in the States, and otherwise regulated as the Congress shall prescribe; and in cases where the judicial power is reserved to the several States, as the Legislature of each State shall prescribe: but shall have, and exclusively, immediate appellate jurisdiction, in all cases, from every other Court within the State, under such limitations, exceptions, and regulations, however, as shall be made with the consent of the Congress and the Legislature of the State; there may, notwithstanding, be in each State a Court of Appeals or Errors in the last resort, under the authority of the State, from the General Judicial Court, in cases and on questions only where the Supreme Court of the United States hath not appellate jurisdiction from the General Judicial Court. "The Congress may provide that the Judges of the General Judicial Court shall hold Circuit Courts within the State; and the Legislature of the State may, in addition to the times and places to be assigned by the Congress for holding the General Judicial Court or Circuit Courts, assign other times and places. "The Congress may determine the number of Judges which shall be a quorum to hold a General Judicial Court, or a Circuit Court, in each respective State. "The Congress may, in the cases to which the judicial power of the United States doth extend, and the Legislature of the State may, in the other cases, regulate the fees and proceedings in the several courts, and the jurisdiction of the Circuit Courts within the State. "The Ministerial Officers of the General Judicial Court shall be appointed and commissioned in such manner as the Legislature of the State shall prescribe. "All writs issuing out of the General Judicial Court shall be in the name of the Judges thereof. "The Judges of the General Judicial Court may be impeached by the House of Representatives of the United States, and also by the most numerous branch of the State Legislature. "The impeachment shall not be tried by the Senate of the United States, or by any judicature under the authority of the State, but the Congress shall, by law, establish a Court to be held in each State for the trial of such impeachments, to consist only of Senators of the United States, Judges of the "If on the establishment of the General Judicial Courts, the Congress shall deem proper to discontinue any of the District Courts of the United States, the Judges of the Courts so discontinued shall, thereupon, by force of their appointments as District Judges, become Judges of the General Judicial Courts in the respective States, and shall continue to receive their compensations as theretofore established. "The Judges of the Supreme or Superior Common Law Courts and the District Judges may, on the first establishment of the General Judicial Courts, become Judges thereof, notwithstanding the limitation of the number of Judges of the General Judicial Courts in the respective States; but as vacancies happen they shall not afterwards be filled up beyond the number limited. "For avoiding of doubts, it is declared that all officers, as well Ministerial as Judicial, in the administration of justice, under the authority of a State, shall also be held to execute their respective offices for carrying into effect the laws of the United States; and, in addition to the duties assigned to them by the laws of the State, the Congress may assign to them such further duties as they shall deem proper for that purpose." On motion, Resolved, That the consideration of the said amendments be deferred until the next session of Congress; and that one hundred copies thereof be printed for the use of the members of both Houses. JAILS OF THE STATES. On motion that the House do come to the following resolution: "Whereas Congress did, by a resolution of the 23d of September, 1789, recommend to the several States to pass laws making it expressly the duty of he keepers of their jails to receive, and safely keep The business of the session being gone through, In order, therefore, to ensure the administra- on motion, tion of justice: Resolved, That the thanks of the House of RepreResolved, By the Senate and House of Representa- sentatives of the United States be presented to Fretives of the United States of America in Congress assem-derick Augustus Muhlenberg, in testimony of their bled, That, in case any State shall not have complied approbation of his conduct in the chair, and in the with the said recommendation, the Marshal in such execution of the difficult and important trust reposState, under the direction of the Judge of the Dis- ed in him as Speaker of the said House." trict, be authorized to hire a convenient place to serve as a temporary jail, and to make the necessary provision for the safe-keeping of prisoners committed under the authority of the United States, until permanent provision shall be made by law for that purpose; and the said Marshal shall be allowed his reasonable expenses incurred for the above purposes, to be paid out of the Treasury of the United States." It was resolved in the affirmative. CONVENTION WITH FRANCE. Ordered, That leave be given to bring in a bill for carrying into effect a consular convention between His Most Christian Majesty and the United States; and that Messrs. SMITH, (of South Carolina,) MADISON, and VINING prepare the same. PENSIONS TO INVALIDS. The bill from the Senate to continue in force the acts therein mentioned, and to make further provision for the payment of pensions to invalids, &c. was read the third time and passed. Mr. SMITH, from the committee above appointed, presented a bill for carrying into effect the consular convention between His Most Christian Majesty and the United States, which received its first and second readings, and was ordered to be engrossed. It was afterwards read a third time and passed.. A message from the Senate informed the House, that they had agreed to a resolution in relation to the safe-keeping of prisoners, but had deferred until the next session of Congress the consideration of the bill for carrying into effect the consular convention between His Most Christian Majesty and the United States. It was resolved unanimously: whereupon This unexpected mark of your approbation of my conduct has made so deep an impression on my mind, that I cannot find words to express the high sense of gratitude I entertain on this occasion. I have not vanity sufficient to suppose that my feeble, though well-meant endeavors merit so great a reward; for it was your kind indulgence and support alone which enabled me to go through the duties of the station which you were pleased to assign me; but I shall ever consider this distinguished and honorable testimony as the most fortunate circumstance of my life. Gentlemen, I most sincerely thank you. May vidual of this body, and may your zealous endeavors every possible happiness attend you and every indito promote the welfare of our beloved country, which I have so long and so often been a witness to, be crowned with unbounded success. Ordered, That a message be sent to the Senate, to inform them that this House, having completed the business before them, are now about to adjourn without day, and that the Clerk of this House do go with the said message, The Clerk accordingly went with the said message, and being returned, A message was received from the Senate, notifying that the Senate, having completed the legislative business before them, are now about to adjourn; whereupon, Mr. Speaker adjourned the House without day. |