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H. OF R.)

Proceedings.

(Feb. 26, 1791.

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66

nays 29.

TREASURY DEPARTMENT.

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

proposBoudinor 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 lay

On motion of Mr. Sedgwick, the memorial ing 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

Seven per cent. of the whole product of the system for funding the public debt, established the duties arising from the spirits distilled within last session of Congress; and that the prayer of the the United States: And provided, also, That petition of Thomas McKean and others, styling them- such allowances shall not exceed the annual selves a Committee of the Public Creditors of the amount of forty-five thousand dollars, until the Commonwealth of Pennsylvania, and also of other same shall be further ascertained by law." petitions on that subject, cannot be granted.

It was resolved in the affirmative-yeas 30, PUBLIC DEBT. A message from the Senate informed the lows:

The yeas and nays being taken, were as folHouse, that they had passed the bill to explain and amend the act inaking provision for the

YEAS.--Messrs. Ames, Benson, Boudinot, Bourne, payment of the debts of the United States.

Cadwalader, Clymer, Fitzsimons, Foster, Gale,

Gerry, Gilman, Goodhue, Hartley, Huntington, POST-OFFICE AND POST-ROADS.

Lawrence, Leonard, Partridge, Schureman, Scott, The House again went into a Committee of Sedgwick, Sevier, Sherman, Sinnickson, Smith, of the whole on the bill for establishing the Post South Carolina, Sturges, Thatcher, Trumbull, Vioffice and Post-roads, Mr. Boudinot in the ning, Wadsworth, and Wynkoop.-30. chair. After some time spent therein the

Nars.—Messrs. Ashe, Baldwin, Bloodworth, committee rose, and reported progress.

Brown, Burke, Carroll, Contee, Floyd, Griffin,

Grout, Giles, Jackson, Lee, Livermore, Madison, Friday, February 25.

Matthews, Moore, P. Muhlenberg, Parker, Van

Rensselaer, Seney, Sylvester, Smith, of Maryland, TREASURY DEPARTMENT.

Steele, Stone, Sumter, Tucker, White, and wil. The engrossed bill supplementary to the act

liamson.-29. establishing the Treasury Department was Ordered, That the Clerk of this House do read the third time, and passed.

acquaint the Senate therewith. PUBLIC DEBT.

POST-OFFICE AND POST-ROADS. Mr. FitzSIMONS, from the coinmittee ap- On motion of Mr. Smith, (of S. C.) pointed for that purpose, reported a bill supple- Ordered, That the Committee of the whole mental to the act making provision for the re- be discharged from further proceeding on the duction of the public debt, which was twice bill for establishing Post-offices and Post-roads read and committed.

of the United States. A Report from the Secretary of the Treasury, concerning certain certificates, issued in some

SATURDAY, February 26. of the States, subsequent to the 1st of January, 1790, which was in favor of funding those cer

BANK OF THE UNITED STATES. tificates, under certain regulations, was read A message from the Senate informed the and laid on the table.

House, that they have passed the bill from this Another Report from the same officer was House supplementary to the act to incorporate read, respecting the loan of three millions of the Bank of the United States; and that the florins, made in Holland, stating the terms on Senate have passed a bill to amend the act to which that loan had been effected. The Re-establish the temporary and permanent seat of port proposed an explanation of a clause in the the Government of the United States; to which act, making provision for the reduction of the they desire the concurrence of this House. public debt; and was referred to a select com- SALARIES OF EXECUTIVE OFFICERS. mittee, to report a bill or bills pursuant thereto.

Mr. TRUMBULL, from the committee appointNEW REVENUE BILL.

ed for that purpose, reported a bill in addition Mr. Boudinot, from the managers appointed to an act, entitled “ An act for establishing the on the part of this House to attend the confer- salaries of the Executive officers of the Governence with the Senate, agreeable to the order of ment, with their Assistants and Clerks," which yesterday, made a Report: Whereupon, was received and read a first and second time, On motion made and seconded,

and referred to a Committee of the whole.

MARCH 2; 1791. ]

Proceedings.

(H. of R.

MONDAY, February 28.

nickson, Smith, of Maryland, Smith, of South CaroNEXT MEETING OF CONGRESS.

lina, Steele, Stone, Sumter, Trumbull, Tucker, Vi

ning, Wadsworth, White, Williamson, and WynA message from the Senate informed the

koop.--39. House that they have passed the bill fixing the Nars.--Messrs. Ames, Benson, Boudinol, Floyd, time of the next annual meeting of Congress Foster, Gilman, Grout, Hartley, Huntington, Leonwithout amendment; and the bill supplemental ard, Livermore, P. Muhlenberg, Partridge, Van to the act for establishing the Treasury Depart. Rensselaer, Sedgwick, Seney, Sturges, and Thatment, with amendments; to which they desire cher.—18. the concurrence of this House.

TREASURY DEPARTMENT. COMPENSATION TO JUDICIAL OFFICERS. The House agreed to the proposed amend

The House went into a Committee of the ment of the Senate to the bill supplemental to whole on the bill making compensation to the the act establishing the Treasury Department. several officers of the Courts of Law, and re

PUBLIC DEBT. ported the bill without amendment. It was after

The House went into a Committee on the bill wards amended in the House, and ordered to supplementary to the act making, provision for be engrossed for a third reading.

the reduction of the public debt. The commitCOMMISSIONERS OF LOANS.

tee rose without making any amendment to the The House also went into a Committee of the bill, and it was ordered to be engrossed for a whole on the bill granting compensation to the third reading. several loan-offices. The committee reported

TEMPORARY POST-OFFICE. to the House one amendment, which was disagreed to, and the bill was then ordered to be time, the act for the temporary establishment of

The bill to continue in force, for a limited engrossed for a third reading.

the Post-office, was read the second time and TEMPORARY REGULATION OF THE POST- committed. OFFICE.

The House immediately went into a CommitMr. Smith, of South Carolina, reported a bill tee upon it, Mr. Boudinot in the chair. The for the temporary regulation of the Post-office, committee reported several amendments to the which was read the first time.

House, which were agreed to, and the bill was

ordered to be engrossed for a third reading. WIDOWS AND ORPHANS OF OFFICERS.

WIDOWS AND ORPHANS OF OFFICERS. Mr. Smith also introduced a bill for making compensation to the widows and orphan chil- and orphan children of certain officers who

The bill for making compensation to widows dren of certain officers who were killed, or who were killed, &c. was read the second time and died while in the service of the United States committed. during the late war, and for the relief of certain invalids and other persons therein mentioned, tee upon it, Mr. Boudinot in the chair. The

The House immediately went into a commitwhich was read the first time. Several bills of a private nature were intro- ment, and it was ordered to be engrossed for a

committee reported the bill without amendduced.

third reading.

The three bills above ordered to be engrossTUESDAY, March 1.

ed were afterwards read the third time and On motion,

passed. Resolved, that the Clerk of the House of Repre. sentatives of the United States shall be deemed to

WEDNESDAY, March 2. continue in office until another be appointed.

LAND.OFFICE BILL POSTPONED.

A message from the Senate informed the COMPENSATION TO JUDICIAL OFFICERS.

House that they had postponed the consideraThe engrossed bill providing compensations tion of the bill to establish offices for the purto the officers of the several Courts of Law, and pose of granting lands within the Territories of to jurors and witnesses, was read the third the United States until the next session; and time, and passed.

that they had passed the bill repealing so much SEAT OF GOVERNMENT.

of an act as establishes the rate of the rix-dolThe bill from the Senate, to amend an act to which they desire the concurrence of this

lar of Denmark, with several amendments, to establish the temporary and permanent seat of

House. Government of the United States, was read the third time, and passed-39 votes to 18.

SALARIES OF EXECUTIVE OFFICERS. The yeas and 'nays were taken as follows: The House went into a committee on the bill Yeas.—Messrs. Ashe, Baldwin, Bloodworth, for establishing the salaries of the Executive Brown, Burke, Cadwalader, Carrolí, Clymer, Con Officers of Government, with their assistants tee, Fitzsimuns, Gale, Gerry, Griffin, Giles, Hathorn, and clerks. The committee reported no amend-, Jackson, Lawrence, Lee, Madison, Matthews, Moore, ment to the bill, and it was ordered to be enParker, Schureman, Scott, Sherman, Sylvester, Sin-grossed for a third reading.

H. OP R.)

Proceedings.

(MARCH 3, 1791.

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&c.

RIX-DOLLAR.

The House proceeded to reconsider the The proposed amendments by the Senate to amendments insisted on by this House, and to the bill repealing so much of the act as estab- their disagreement to which the Senate doth Jishes the rate of the rix-dollar of Denmark, adhere, to the bill, entitled An act concernwere agreed to.

ing Consuls and Vice-Consuls.” Whereupon, CONSULS AND VICE-CONSULS.

Resolved, That this House doth adhere to their

said amendments. The Senate having disagreed to the amendments proposed by this House to the bill con: A message from the Senate informed the cerning Consuls and Vice-Consuls, and the House that they had agreed to the amendments question for receding being put and negatived, proposed by this House to the resolution reit was resolved that the House do insist on their specting the ungranted lands within the Terriamendments.

tories; that they had passed the bill in addition DUTY ON WINES.

to the act establishing the salaries of the ExecuThe engrossed bill making further provision tive officers of Government, with their assistfor the collection of the duties on teas, and for ants and clerks, with several amendments, to extending the term of payment of the duties on which they desire the concurrence of this wines, was read a third time and passed. House; and that they adhere to their amend

ment disagreed to by this House, to the bill THURSDAY, March 3.

making compensation to the Commissioners of INDIAN LANDS.

loans for extraordinary expenses. A resolution received from the Senate, that

The House agreed to recede from their disa the President of the United States be request greement to the amendinent 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 bill lishment 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 proposed amendments of the Senate to both

The House entered upon the consideration of the concurrence of this House, viz: “ That a mint shall be established, under such re

the above bills, and agreed to them. gulations as shall be directed by law.

A message from the Senate informed the " That the President of the United States be, and the bill making compensation to the widows and

House that they had deferred, till next session, he is hereby, authorized to cause to be engaged such artists as shall be necessary to carry the preceding orphan children of certain officers who fell in resolution into effect, and to stipulate the terms and the late war; that they had agreed to the resoconditions of their service; and also to cause to be lutions in relation to the establishment of a procured such apparatus as shall be requisite for the Mint; and had passed the bill supplementary to same purpose.”

the act making provision for the reduction of the The House proceeded to consider the said they desire the concurrence of this House.

public debt, with sundry amendments, to which resolutions; and the second resolution being amended by inserting after the word "such,

In another message, the Senate recedes from the word - principal," the same were, on the by this House, to the bill providing compensa

such of their amendments as were disagreed to question put thereupon, agreed to by the House; tions for the officers of the Judicial Courts, &c. Ayes 25-Nays 21. The yeas and nays being demanded, were bill to continue in force the act therein men

and informs the House that they had passed a taken as follows: Those who voted in the affirmative, are:

tioned, and to make further provision for the

payment of pensions to invalids, and for the YEAS.-Messrs. Boudinot, Cadwalader, Clymer, support of light-houses, beacons, buoys, and Contee, Fitzsimons, Floyd, Gale, Gilman, Griffin, public piers, to which they desire the concurHartley, Lawrence, Lee, P. Muhlenberg, Scott, rence of the House. This bill was twice read. Sedgwick, Seney, Sevier, Sylvester, Smith, of Maryland, Smith, of South Carolina, Steele, Trumbull,

AMENDMENTS TO THE CONSTITUTION.
Vining, Wadsworth, and Wynkoop.-25.

Mr. Benson moved certain amendments to
Nars.-Messrs. Áshe, Baldwin, Burke, Poster, the Constitution of the United States, to be
Giles, Hathorn, Heister, Huntington, Jackson, Leo- proposed by Congress to the Legislatures of the
nard, Livermore, Moore, Partridge, Van Rensselaer, several States, to wit:
Schureman, Sherman, Sinnickson, Sumter, Tucker, “ That the Congress shall, either by declaring the
White, and Williamson.-21.

Superior or Supreme Common Law Court of the

MARCH 3, 1791. )

Proceedings.

[H. OF R

State to be the Court, or by creating a new Court Supreme Court of the United States, and Judges of for the purpose, establish a General Judicial Court General Judicial Courts. The trial shall be in the in each State, the Judges whereof shall hold their State where the person impeached shall reside; and commissions during good behavior, and without any every law designating the Judges of a Court for the other limitation whatsoever, and shall be appointed trial of impeachments shall be passed previous to and commissioned by the State, and shall receive the impeachment; and the designations shall be, not their compensations from the United States only; by naming the persons, but by describing the offices, and the compensations shall not be diminished dur- the persons in which offices for the time being, ing their continuance in office.

and elected or appointed previous to the impeach* The number of Judges of the General Judicial ment, shall be the Judges; and no person shall be Court in the State, unless the same should be alter-convicted without the concurrence of two-thirds of ed by the consent of the Congress and the Legisla- the Judges' present. ture of the State, shall be in the proportion of one “ Judgments by the courts so to be established Judge for every persons in the State, accord for the trial of impeachments shall not extend fur. ing to the enumeration for apportioning the repre- ther than is provided by the Constitution of the sentatives among the several States; but there shall United States, in cases of impeachment, and the always be at least three Judges in each State. party, nevertheless, to be liable and subject to in.

“ The General Judicial Court shall, in all cases to dictment, trial, judgment, and punishment accordwhich the judicial power of the United States shall ex. ing to law. tend, have original jurisdiction, either exclusively or In every State where Congress shall declare the concurrently with other Courts in the States, and Superior or Supreme Common Law Court to be the otherwise regulated as the Congress shall prescribe; General Judicial Court, the Judges shall, by force and in cases where the judicial power is reserved to of their appointments as Judges of the Superior or the several States, as the Legislature of each State shall Supreme Common Law Court, become Judges of prescribe: but shall have, and exclusively, imme. the General Judicial Court; and all the powers and diate appellate jurisdiction, in all cases, from every duties of the Judges of the Superior or Supreme other Court within the State, under such limitations, Common Law Court, either by the Constitution or exceptions, and regulations, however, as shall be the laws of the State, shall devolve on the Judges made with the consent of the Congress and the Le of the General Judicial Court. gislature of the State; there may, notwithstanding,

“ If on the establishment of the General Judicial be in each State a Court of Appeals or Errors in the Courts, the Congress shall deem proper to disconlast resort, under the authority of the State, from tinue any of the District Courts of the United States, the General Judicial Court, in cases and on ques. the Judges of the Courts so discontinued shall, there. tions only where the Supreme Court of the United upon, by force of their appointments as District States hath not appellate jurisdiction from the Ge. Judges, become Judges of the General Judicial neral Judicial Court.

Courts in the respective States, and shall continue “ The Congress may provide that the Judges of to receive their compensations as theretofore estathe General Judicial Court shall hold Circuit Courts blished. within the State; and the Legislature of the State " The Judges of the Supreme or Superior Commay, in addition to the times and places to be as

mon Law Courts and the District Judges may, on signed by the Congress for holding the General Ju- the first establishment of the General Judicial Courts, dicial Court or Circuit Courts, assign other times become Judges thereof, notwithstanding the limita. and places.

tion of the number of Judges of the General Judi. The Congress may determine the number of cial Courts in the respective States; but as vacancies Judges which shall be a quorum to hold a General happen they shall not afterwards be filled up beJudicial Court, or a Circuit Court, in each respective yond the number limited, State.

“ For avoiding of doubts, it is declared that all The Congress may, in the cases to which the officers, as well Ministerial as Judicial, in the admijudicial power of the United States doth extend, nistration of justice, under the authority of a State, and the Legislature of the State may, in the other shall also be held to execute their respective offices cases, regulate the fees and proceedings in the seves for carrying into effect the laws of the United States; ral courts, and the jurisdiction of the Circuit Courts and, in addition to the duties assigned to them by • within the State.

the laws of the State, the Congress may assign to “ The Ministerial Officers of the General Judicial them such further duties as they shall deem proper Court shall be appointed and commissioned in such for that purpose.” manner as the Legislature of the State shall prescribe, On motion,

“All writs issuing out of the General Judicial Resolved, That the consideration of the said amend. Court shall be in the name of the Judges thereof. ments be deferred until the next session of Con.

" The Judges of the General Judicial Court may gress; and that one hundred copies thereof be printbe impeached by the House of Representatives of ed for the use of the members of both Houses. the United States, and also by the most numerous branch of the State Legislature.

JAILS OF THE STATES. “ The impeachment shall not be tried by the Se.

On motion that the House do come to the nate of the United States, or by any judicature under following resolution: the authority of the State, but the Congress shall, “Whereas Congress did, by a resolution of the by law, establish a Court to be held each State 23d of September, 1789, recommend to the several for the trial of such impeachments, to consist only States to pass laws making it expressly the duty of of Senators of the United States, Judges of the he keepers of their jails to receive, and safely keep

H. OF R.]

Session closed.

[MARCH 3, 1791

therein, all prisoners committed under the authority

SESSION CLOSED. of the United States:

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

It was resolved unanimously: whereupon serve as a temporary jail, and to make the necessary provision for the safe-keeping of prisoners com.

Mr. SPEAKER made his acknowledgments to mitted under the authority of the United States, the House, in manner following: until permanent provision shall be made by law for that purpose; and the said Marshal shall be allowed Gentlemen of the House of Representatives: his reasonable expenses incurred for the above

This unexpected mark of your approbation of my

purposes, to be paid out of the Treasury of the United conduct has made so deep an impression on my States.”

mind, that I cannot find words to express the high It was resolved in the affirmative.

sense of gratitude I entertain on this occasion.

I have not vanity sufficient to suppose that my CONVENTION WITH FRANCE.

feeble, though well-meant endeavors merit so great Ordered, That leave be given to bring in a bill reward; for it was your kind indulgence and supfor carrying into effect a consular convention port alone which enabled me to go through the between His Most Christian Majesty and the duties of the station which you were pleased to asUnited States; and that Messrs. SMITH, (of sign me; but I shall ever consider this distinguished South Carolina,) Madison, and Vining prepare and honorable testimony as the most fortunate cirthe same.

cumstance of my life.

Gentlemen, í most sincerely thank you. May PENSIONS TO INVALIDS. The bill from the Senate to continue in force vidual of this body, and may your zealous endeavors

every possible happiness attend you and every indithe acts therein mentioned, and to make fur- to promote the welfare of our beloved country, ther provision for the payment of pensions to which I have so long and so often been a witness to, invalids, &c. was read the third time and be crowned with unbounded success. passed.

Mr. Smith, from the committee above ap- Ordered, That a message be sent to the Sepointed, presented a bill for carrying into effect nate, to inform them that this House, having the consular convention between His Most completed the business before them, are now Christian Majesty and the United States, which about to adjourn without day, and that the received its first and second readings, and was Clerk of this House do go with the said mesordered to be engrossed. It was afterwards sage, read a third time and passed.

The Clerk accordingly went with the said A message from the Senate informed the message, and being returned, House, that they had agreed to a resolution in A message was received from the Senate, relation to the safe-keeping of prisoners, but notifying that the Senate, having completed had deferred until the next session of Congress the legislative business before them, are now the consideration of the bill for carrying into about to adjourn; whereupon, effect the consular convention between His Mr. Speaker adjourned the House without Most Christian Majesty and the United States. day.

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