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necessity happened, there was no doubt that the permission would be granted.

Mr. W. SMITH, Mr. MURRAY, and Mr. GILES, said a few words, and, in the end, Mr. SMITH withdrew his amendment.

Another rule was read, which directs clearing the House of all persons, except the members and the Clerk, when confidential communications are received from the PRESIDENT. Mr. W. SMITH inquired why the Sergeant-at-Arms was not, as formerly, to be admitted. Mr. MURRAY replied that the committee had not thought his presence essentially necessary. No motion was made on this subject.

The reading of the Rules was then finished. The Committee rose, and the Chairman reported that there had been one amendment adopted.

The House then took up the rules. One of them hath these words:

"A Sergeant-at-Arms shall execute the commands of the House, from time to time, either by himself or a special messenger, to be by him appointed for that purpose."

Mr. HILLHOUSE objected to the words in italics, as they now stand, because they give the Sergeant a discretionary power of going idle, and hiring another person to do his business. He proposed, as an amendment, to add these words, "or in case of sickness."

Mr. VENABLE preferred, as an amendment, to strike out all the words in italics.

Mr. HILLHOUSE had once thought of that; but be recollected that the Sergeant might be sent to Georgia to arrest a member. After proceeding three fourths of the way, he falls sick; and not being able to proceed further himself, nor having time at such a distance to consult the House, the result will be that, unless he is qualified to appoint a delegate in his room, the orders of the House will not be executed.

Mr. VENABLE still thought it better to leave out the clause, than suffer a Sergeant-at-Arms to appoint an officer for that House. The words were, on a motion to that effect, struck out.

Another clause was for appointing a Committee of Commerce. On motion, it was agreed to add the words and Agriculture.

One of the rules is in these words:

"No petition to controvert the election of a member returned to serve in this House, shall be received, unless the same be presented within fifty days after the member petitioned against shall take his seat."

Mr. GILES wished to hear a reason for this restriction, in point of time, from any of the gentlemen, who were on the committee that framed the report before the House. He had doubts of its propriety.

Mr. SEDGWICK inclined to think that the rule should be expunged. It was a delicate matter to pass restrictions, wherein they might be personally interested. The clause was struck out. Mr. GOODHUE objected that the Doorkeeper should not be excluded from the House during the reading of confidential communications. He 4th CoN.-6

[H. OF R.

might be wanted, were it only to take care of the fire.

Mr. SEDGWICK said that then there would be occasion to make him swear an oath of secrecy, and to form a rule to that effect. The proposal was negatived.

The rules were then, on motion, agreed to by the House, as follows:

STANDING RULES AND ORDERS OF THE

HOUSE OF REPRESENTATIVES.
First.-Touching the Duty of the Speaker.

He shall take the Chair every day at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order, and, on the appearance of a quorum, shall cause the Journal of the preceding day to be read.

He shall preserve decorum and order; may speak to points of order, in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the House by any two members.

He shall rise to put a question, but may state it sitting.

« As many as are of opinion that (as the question may Questions shall be distinctly put in this form, to wit: be) say Ay;" and after the affirmative voice is expressed, "As many as are of a contrary opinion, say No." If the Speaker doubts, or a division be called for, the House shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name two members, one from each side, to tell the numbers in the affirmative; which being reported, he shall then name two others, one from each side, to tell those in the negative; which being also reported, he shall rise, and state the decision to the House.

All committees shall be appointed by the Speaker, which case they shall be appointed by ballot; and if, unless otherwise specially directed by the House; in upon such ballot, the number required shall not be electproceed to a second ballot, in which a plurality of votes ed, by a majority of the votes given, the House shall shall prevail; and in case a greater number than are required to compose or complete the committee, shall have an equal number of votes, the House shall proceed to a further ballot or ballots.

In all cases of ballot by the House, the Speaker shall vote; in other cases he shall not vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the division equal; and, in case of such equal division, the question shall be lost.

All acts, addresses, and joint resolutions, shall be signed by the Speaker; and all writs, warrants, or subpœnas, issued by order of the House, shall be under his hand and seal, attested by the Clerk.

In case of any disturbance or disorderly conduct in the gallery or lobby, the Speaker, (or Chairman of the Committee of the Whole House,) shall have power to

order the same to be cleared.

Secondly-Of Decorum and Debate.

When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat, and respectfully address himself to Mr. Speaker.

If any member, in speaking, or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case the member so

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called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the House.

[DECEMBER, 1795.

In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election; and when there shall not be such majority on the first ballot, the ballot shall be repeated until a majority be obtained.

In all cases when others than members of the House may be eligible, there shall be a previous nomination. If a question depending be lost by adjournment of When two or more members happen to rise at once, the House, and revived on the succeeding day, no memthe Speaker shall name the member who is first to|ber who has spoken twice on the day preceding shall be speak.

No member shall speak more than twice to the same question, without leave of the House; nor more than once, until every member choosing to speak shall have spoken.

Whilst the Speaker is putting any question, or addressing the House, none shall walk out of, or across the House; nor in such case, or when a member is speaking, shall entertain private discourse; nor, whilst a member is speaking, shall pass between him and the Chair.

No member shall vote on any question in the event of which he is immediately and particularly interested; or in any other case where he was not present when the question was put.

Upon a division and count of the House on any question, no member without the bar shall be counted.

Every member who shall be in the House when a question is put, shall give his vote, unless the House, for special reasons, shall excuse him.

When a motion is made and seconded, it shall be stated by the Speaker, or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk, before debated.

Every motion shall be reduced to writing, if the Speaker or any member desire it.

After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in possession of the House, but may be withdrawn at any time before a decision or amendment.

When a question is under debate, no motion shall be received, unless to amend it, to commit it, for the previous question, to postpone it to a day certain, or to adjourn.

A motion to adjourn shall be always in order, and shall be decided without debate.

The previous question shall be in this form: "Shall the main question be now put?" It shall only be admitted when demanded by five members; and, until it is decided, shall preclude all amendment and further debate of the main question.

On a previous question, no member shall speak more than once without leave.

Any member may call for the division of a question, where the sense will admit of it.

A motion for commitment, until it is decided, shall preclude all amendment of the main question. Motions and reports may be committed at the sure of the House.

permitted again to speak without leave.

Every order, resolution, or vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid on the table, on a day preceding that in which the same shall be moved, unless the House shall otherwise expressly allow.

Petitions, memorials, and other papers, addressed to the House, shall be presented by the Speaker, or by a member in his place, and shall not be debated or decided on the day of their being first read, unless where the House shall direct otherwise; but shall lie on the table, to be taken up in the order they were read.

Any fifteen members, (including the Speaker, if there is one,) shall be authorized to compel the attendance of absent members.

Upon calls of the House, or in taking the yeas and nays on any question, the names of the members shall be called alphabetically.

Any member may excuse himself from serving on any committee at the time of his appointment, if he is then a member of two other committees.

No member shall absent himself from the service of the House, unless he have leave, or be sick, and unable to attend.

Upon a call of the House, the names of the members shall be called over by the Clerk, and the absentees noted; after which, the names of the absentees shall be again called over, the doors shall then be shut, and those for whom no excuse, or insufficient excuses are made, may, by order of the House, be taken into custody, as they appear, or may be sent for, and taken into custody, wherever to be found, by special messengers to be appointed for that purpose.

When a member shall be discharged from custody, and admitted to his seat, the House shall determine whether such discharge shall be with, or without, paying fees; and, in like manner, whether a delinquent member, taken into custody by a special messenger, shall, or shall not, be liable to defray the expense of such special messenger.

A Sergeant-at-Arms shall be appointed, to hold his office during the pleasure of the House, whose duty it shall be to attend the House during its sitting; to execute the commands of the House, from time to time, together with all such process issued by authority thereof, as shall be directed to him by the Speaker.

The fees of the Sergeant-at-Arms shall be, for every plea-arrest, the sum of two dollars; for each day's custody and releasement, one dollar; and for traveling expen

No new motion or proposition shall be admitted un- ses of himself, or a special messenger, going and returnder color of amendment, as a substitute for the motioning, one-tenth of a dollar per mile. or proposition under debate.

When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the House.

The unfinished business in which the House was engaged at the time of the last adjournment, shall have the preference in the Orders of the Day; and no motion on any other business shall be received, without special leave of the House, until the former is disposed of.

Four standing committees shall be appointed at the commencement of each session, viz:

A Committee of Elections, a Committee of Claims, a Committee of Commerce and Manufactures-to consist of seven members each: And a Committee of Revisal and Unfinished Business-to consist of three members.

It shall be the duty of the said Committee of Elections to examine and report upon the certificates of election

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or other credentials of the members returned to serve in this House, and to take into their consideration all such petitions and other matters touching election, and returns, as shall or may be presented, or come in question, and be referred to them by the House.

It shall be the duty of the said Committee of Claims to take into consideration all such petitions and matters or things touching claims or demands on the United States, as shall be presented, or shall or may come in question, and be referred to them by the House, and to report their opinion thereupon, together with such propositions for relief therein, as to them shall seem expedient.

[H. of R.

The first reading of a bill shall be for information; and, if opposition be made to it, the question shall be, "Shall the bill be rejected?" If no opposition be made, or if the question to reject be negatived, the bill shall go to its second reading without a question.

Upon the second reading of a bill, the Speaker shall state it as ready for commitment or engrossment; and, if committed, then a question shall be, whether to a select committee, or to a Committee of the Whole; if to a Committee of the Whole House, the House shall determine on what day. But, if the bill be ordered to be engrossed, the House shall appoint the day when it shall be read the third time. After commitment and

or at any time before its passage.

All bills ordered to be engrossed shall be executed in a fair round hand.

It shall be the duty of the said Committee of Com-report thereof to the House, a bill may be recommitted, merce and Manufactures to take into consideration all such petitions and matters or things, touching the commerce and manufactures of the United States, as shall be presented, or shall or may come in question, and be referred to them by the House, and to report, from time to time, their opinion thereon.

It shall be the duty of the said Committee of Revisal and Unfinished Business to examine and report what laws have expired, or are near expiring, and require to be revived or further continued; also, to examine and report from the Journal of the last session, all such matters as were then depending and undetermined. It shall also be the duty of the said committee to revise the laws for the establishment of offices, and to report, from time to time, such provisions or expenses attending them, at may appear to have become necessary. No committe shall sit, during the sitting of the House, without special leave.

The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities; and shall be deemed to continue in office until another be appointed.

It shall be the duty of the Clerk of the House, at the end of each session, to send a printed copy of the Journal thereof to the Executive, and to each branch of the Legislature, of every State.

Whenever confidential communications are received

from the President of the United States, the House shall be cleared of all persons, except the members and the Clerk, and so continue during the reading of such communications, and (unless otherwise directed by the House) during all debates and proceedings to be had thereon. And when the Speaker, or any other member,

shall inform the House that he has communications to

When a bill shall pass, it shall be certified by the Clerk, noting the day of its passing at the foot thereof. Fourthly.-Of Committees of the Whole House.

It shall be a standing order of the day, throughout the session, for the House to resolve itself into a Committee of the Whole House on the state of the Union.

In forming a Committee of the Whole House the Speaker shall leave his Chair, and a Chairman to preside in Committee shall be appointed by the Speaker. House, the bill shall be first read throughout by the Upon bills committed to a Committee of the Whole Clerk, and then again read and debated by clauses, leaving the preamble to be last considered; the body of the bill shall not be defaced or interlined; but all amendments, noting the page and line, shall be duly entered by the Clerk on a separate paper, as the same shall be agreed to by the Committee, and so reported to the be debated and amended by clauses before a question to House. After report, the bill shall again be subject to engross it be taken.

All amendments made to an original motion in Committee, shall be incorporated with the motion, and so reported.

All amendments made to a report committed to a Committee of the Whole House, shall be noted and reported as in the case of bills.

All questions, whether in Committee or in the House, shall be propounded in the order in which they were moved, except that in filling up blanks the largest sum and longest time shall be first put.

No motion or proposition for a tax or charge upon the People shall be discussed the day in which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House.

make, which he conceives ought to be kept secret, the House shall, in like manner, be cleared till the communication be made; the House shall then determine whether the matter communicated requires secrecy or not,mittee of the Whole House, shall be increased in the and take order accordingly.

Thirdly-Of Bills.

Every bill shall be introduced by motion for leave, or by an order of the House, on the report of a committee; and, in either case, a committee to prepare the same shall be appointed. In cases of a general nature, one day's notice, at least, shall be given of the motion to bring in a bill; and every such motion may be committed.

Every bill shall receive three several readings in the House previous to its passage; and all bills shall be despatched in order as they were introduced, unless where the House shall direct otherwise; but no bill shall be twice read on the same day without special order of the House.

No sum or quantum of tax or duty voted by a Com

House, until the motion or proposition for such increase shall be first discussed and voted in a Committee of the Whole House; and so in respect to the time of its continuance.

All proceedings touching appropriations of money, shall be first moved and discussed in a Committee of the Whole House.

The rules of proceeding in the House shall be observed in Committee, so far as they may be applicable, except the rule limiting the times of speaking.

No standing rule or order of the House shall be rescinded without one day's notice being given of the motion therefor.

Joint Rules and Orders of the two Houses.
In every case of an amendment of a bill agreed to in

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one House and dissented to in the other, if either House shall request a conference, and appoint a committee for that purpose, and the other House shall also appoint a committee to confer, such committees shall, at a convenient hour, to be agreed on by their Chairman, meet in the Conference Chamber, and state to each other verbally, or in writing, as either shall choose, the reasons of their respective Houses for and against the amendment, and confer freely thereon.

When a message shall be sent from the Senate to the House of Representatives, it shall be announced at the door of the House by the Doorkeeper, and shall be respectfully communicated to the Chair by the person by whom it may be sent.

The same ceremony shall be observed when a message shall be sent from the House of Representatives to the

Senate.

Messages shall be sent by such persons as a sense of propriety in each House may determine to be proper.

While bills are on their passage between the two Houses, they shall be on paper, and under the signature of the Secretary or Clerk of each House, respectively.

After a bill shall have passed both Houses, it shall be duly enrolled on parchment by the Clerk of the House of Representatives, or the Secretary of the Senate, as the bill may have originated in the one or the other House, before it shall be presented to the President of the United States.

When bills are enrolled, they shall be examined by a Joint Committee of one from the Senate, and two from the House of Representatives, appointed as a Standing Committee for that purpose, who shall carefully compare the enrolment with the engrossed bills as passed, in the two Houses, and, correcting any errors that may be discovered in the enrolled bills, make their report forthwith to the respective Houses.

After examination and report, each bill shall be signed in the respective Houses, first by the Speaker of the House of Representatives, and then by the President of the Senate.

After a bill shall have thus been signed in each House, it shall be presented by the said committee to the President of the United States for his approbation, it being first endorsed on the back of the roll, certifying in which House the same originated; which endorsement shall be signed by the Secretary or Clerk (as the case may be) of the House in which the same did originate, and shall be entered on the Journal of each House. The said committee shall report the day of presentation to the President, which time shall also be carefully entered

on the Journal of each House.

All orders, resolutions, and votes, which are to be presented to the President of the United States for his approbation, shall also, in the same manner, be previously enrolled, examined, and signed; and shall be presented in the same manner, and by the same committee, as provided in case of bills.

When the Senate and House of Representatives shall judge it proper to make a joint Address to the President, it shall be presented to him in his Audience Chamber by the President of the Senate, in the presence of the Speaker and both Houses.

Ordered. That a Committee of Commerce and Manufactures be appointed, pursuant to the Standing Rules and Orders of the House; when Mr. GOODHUE, Mr. BOURNE, Mr. LIVINGSTON, Mr. SWANWICK, Mr. S. SMITH, Mr. PARKER, and Mr. W. SMITH, were appointed, and the House adjourned.

[DECEMBER, 1795.

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Mr. SMITH, of S. C., laid the following motion on the table:

Resolved, That a committee be appointed to inquire and report what proceedings had been had in pursuance of the act passed at the last session for the promulgation of the laws of the United States, and whether any and what amendments may be necessary to the said act.

ADDRESS TO THE PRESIDENT.

Sundry memorials and petitions having been presented and referred,

The House then resolved itself into a Committee of the Whole, Mr. MUHLENBERG in the Chair, on the draft of an answer to the PRESIDENT's Speech. The following sentence being under considera

tion:

"Contemplating that probably unequalled spectacle of national happiness, which our country exhibits, to the interesting summary which you, sir, have been pleased to make, in justice to our own feelings, permit us to add the benefits which are derived from your presiding in our councils, resulting as well from the undiminished confidence of your fellow-citizens, as from your zealous and successful labors in their service."

Mr. PARKER moved to strike out the words "probably unequalled," and from the word "councils," to the end. He owned that the United States owe much to the PRESIDENT for his services on most occasions; but he had sometimes erred as other men. He could not for his own part subscribe to the expressions contained in the words which he had moved to strike out; his confidence in the PRESIDENT was diminished in consequence of a late transaction.

Mr. SHERBURNE called for a division of the question; that a question should first be put upon the words "probably unequalled," and afterwards upon striking out the latter part of the clause.

The question was accordingly put upon the words " probably unequalled," and they were struck out 43 to 39.

Mr. MURRAY rose to make a few observations on the motion for striking out from the word "councils." As a Representative from Maryland, he said, he could not on this occasion be contented to give a silent vote. The Legislature of that State had not long since declared, that their confidence in the PRESIDENT remains undiminished; and though his single sentiment might be deemed unimportant when viewed in connexion with the

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unanimous vote of his State, yet he was free to declare, that his confidence in the Chief Magistrate had experienced no diminution. The Legislature of Maryland, he observed, had foreseen that attempts would be made, and saw that unjustifiable attempts were actually making to diminish the confidence of the people in the PRESIDENT; they therefore resolved to give the sanction of their unanimous vote to his character, declaring that the PRESIDENT retained their confidence, and that he had merited it. Though not bound by the opinion of the Legislature of that State, he conceived it his duty not to give a silent vote on the present occasion.

[H. of R.

Mr. FREEMAN, agreed to confine his motion to striking out the word "undiminished.”

Mr. SEDGWICK doubted whether, after a division of the question, and a question being taken on the first part, a modification of the second part would be in order. The Chairman declared it in order.

Mr. SEDGWICK viewed the present motion as even more objectionable than the first; it went directly to a denial of undiminished confidence for the PRESIDENT on the part of the House and the public. There was a time, he said, when no man could have supposed that the period would have arrived, that in the popular branch of the Government, the confidence of the people and their Representatives in that man could have been questioned.

Having been on the committee that framed the answer, and maturely considered the subject in every part, he would mention some of the observations that occurred to his mind particularly in favor of the part now objected to. Lest in the course of them his sensibility on this subject should betray him into some warmth of expression, he begged leave to premise that he wished to wound the feelings of no man.

Mr. GILES had hoped that nothing would have been brought before the House calculated to disturb the harmony that ought to subsist, by involving the discussion of delicate points. He had as much zeal as any man for the preservation of the PRESIDENT'S fame and reputation; but he could not go the length of the expressions in the clause objected to. He could not agree to it in its present shape, because the assertion in it does not correspond with the fact. After this remark, there could not, he conceived, be any inconsistency in voting against the word and still feeling a regard for the PRESIDENT. He hoped his fame and repu- It was proper he said to inquire into facts on tation might never receive a stain, but pass un- which the expression now objected to was groundimpaired to posterity. He should vote for strik-ed. Is the confidence of the people in the services, ing out.

Mr. FREEMAN wished the motion might be so modified as to involve the striking out of the word "undiminished" only. Though he for himself, he observed, might say that his confidence in the PRESIDENT was undiminished, he could not utter the same sentiment in behalf of the people at large. In his opinion the confidence of a part (a very small one perhaps) of the people was diminished; though that of a majority might be un

shaken.

and patriotism, and wisdom, of the Chief Magistrate diminished? His experience led him to say no; then, in the existing circumstances, is it not right for the Representatives to make the declaration to their constituents and the world? To suppose the people, who, at the present moment, enjoyed so many blessings under the PRESIDENT'S administration, could feel their confidence in him impaired, would suppose a baseness of disposition unworthy of them and of the services he has rendered. Who could review the glorious conduct of our Chief during the conflict of the Revolution, his unwearied labors for the public good, his bravery, moderation, and humanity; who could observe him in his happy retirement, covered with glory, and accompanied by the blessings of his country; then forsaking his retirement, putting at hazard the mighty mass of his reputation, and be insensible of his services? Who could review the critical situation in which he preserved our peace and prosperity during a glorious administration of six years; who could review these things and not have his heart filled with gratitude and esteem? He expressed his belief, that a late measure of the Executive was less the object of the dislike of some, than affording the opportunity for the vent of passions and feelings deep-rooted before.

Mr. HARPER said he had no difficulty in declaring, that his own confidence in the PRESIDENT was undiminished, but he could not go so far as to pledge himself that that of all the people was So. He never, he said, had been in the habit of worshipping the PRESIDENT. He considered him as a man, not infallible, but as a wise, honest, and faithful public servant, and he was prepared in all places and situations to declare this opinion; but he was not ready to pronounce concerning the opinion of the people of the United States. Some time hence they may become unanimous in their confidence; but he could not say that it was not diminished. He was ready to declare for himself but not for others. If called upon to declare whether a majority, whether four-fifths of the people retained their confidence in the PRESIDENT, As to the sense of the people of the PRESIDENT, he could declare it as his opinion in the affirma- he believed it unaltered, as to his immediate contive; but the clause as it stands includes the whole, stituents he was sure it was; and if so, it was the and he declared as it stood could not command duty of the House to make the declaration to the his vote. He concluded by expressing his inten-world-a duty the House owed to themselves and tion, when it would be in order, to introduce a modification of the clause, so as to express the undiminished confidence of the House in the PRESI

their constituents, and the more binding from the nature of the Government the people had chosen. Though the PRESIDENT had twice been called to the Presidency by the unanimous and unsoliMr. PARKER, in coincidence with the wish of cited voice of his fellow-citizens; though in obe

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