66 JANUARY, 1802. 'Stenographers may be admitted under the direction of the Speaker, who shall assign to them such places on the floor as shall not interfere with the convenience of the House." Speaker was the only proper authority under whose direction they ought still to remain; that, as the preservation of order and decorum rested with him, the stenographers, as well as other persons, should be permitted by him to enter the On this amendment a further debate ensued; House, and be by him excluded, whenever, in his after which, the yeas and nays were called, and opinion, the order and a respect for the House re-were-yeas 27, nays 51, as follows: quired it. That, in case stenographers deported themselves in a disrespectful manner, or grossly misrepresented the ideas of members, the Speaker was the only person who could effectually cure the evil; that there had been, and might again be, instances of such misconduct; that, in one case, a stenographer had entered the House in a state of intoxication; another case, a speech of a gentleman, from South Carolina, had been perversely misrepresented, and the stenographer had refused to correct his errors, for which he had been expelled the House; and that, in another case, the Speaker, considering himself as misrepresented, had expelled the stenographer. Among the opponents of the motion, a great diversity of opinion prevailed. Mr. EUSTIS, Mr. VARNUM, and Mr. ELMER, objected to it. merely on the ground that it was improper to come to any solemn decision, which was the less necessa ry, as the stenographers already occupied convenient seats, from which there was no probability of their being extruded by the Speaker. Those who supported the motion, considered its decision as involving an important point; a point no less important than, whether the debates of that House should be taken with accuracy, and published without fear or partiality. They averred it as a fact, that, owing to the unwarrantable conduct of the Speaker, this had heretofore, at many periods, not been the case. The public had sought information without being able to get it. It was true, that a stenographer had been expelled for publishing a speech of a gentleman from South Carolina; but it was not for misrepresenting that speech, but for faithfully publishing it; and in the other case alluded to, a stenographer had been expelled by the Speaker, for stating, with correctness, what the Speaker had himself said. These were alarming facts, not to be forgotten, and which claimed the interposition of the House. If stenographers should be guilty of indecorum, they could still, this rule notwithstanding, be expelled the House. It was acknowledged that the gentleman who at present filled the Chair, was entitled to the full confidence of the House, but it was dangerous to vest arbitrary power in the hands of any man, and it was peculiarly proper to provide in fair, for foul weather; and it was added, that though the proposed rule would not be obligatory upon a future House, yet it would form a precedent, which they might see fit to respect. The motion, as modified by Mr. HUGER, was then agreed to-yeas 47, nays 32. The Committee then rose, and reported the rules with the above amendment. The amendment was immediately taken up; when, Mr. RUTLEDGE moved to amend the report of the Committee, by making it read as follows: YEAS-John Campbell, Samuel W. Dana, Franklin Davenport, Abiel Foster, Calvin Goddard, Roger Griswold, William Barry Grove, William H. Hill, Benjamin Huger, Ebenezer Mattoon, Lewis R. Morris, Thomas Morris, Elias Perkins, Thomas Plater, Nathan Read, John Rutledge, William Shepard, John Cotton Smith, Henry Southard, John Stanley, John Stratton, Samuel Tenney, Thomas Tillinghast, George B. Upham, Peleg Wadsworth, Benjamin Walker, and Lemuel Williams. NAYS-Willis Alston, John Archer, John Bacon, Theodorus Bailey, Phanuel Bishop, Robert Brown, William Butler, Thomas Claiborne, Matthew Clay, John Clopton, John Condit, Richard Cutts, Thomas T. Davis, Lucas Elmendorf, Ebenezer Elmer, John A. Hanna, Daniel Heister, Joseph Heister, William Hoge, James Holland, David Holmes, George Jackson, William Jones, uel L. Mitchill, Thomas Moore, James Mott, Anthony Michael Leib, Thomas Lowndes, John Milledge, SamNew, Thomas Newton, jr., Joseph H. Nicholson, John Smilie, Israel Smith, John Smith, of New York, John Smith, of Virginia, Josiah Smith, Samuel Smith, Richard Sprigg, Richard Stanford, Joseph Stanton, jr., John Stewart, John Taliaferro, jr., David Thomas, Philip R. Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt, Joseph B. Varnum, and Isaac Van Horne. Another motion was then made and seconded to amend the said amendment, by inserting after words "until otherwise ordered by the House:" the words, "stenographers shall," the following And, the question being thereupon taken, it passed in the negative. And the main question being put, that the House do agree to the amendment for an additional rule, as reported from the Committee of the whole House, it was resolved in the affirmative—yeas 47, nays 28, as follows: YEAS-Willis Alston, John Archer, Theodorus Bailey, Phanuel Bishop, Robert Brown, William Butler, Thomas Claiborne, Matthew Clay, John Clopton, John Condit, Richard Cutts, Thomas T. Davis, Lucas Elmendorf, Andrew Gregg, John A. Hanna, Joseph Heister, William Helms, William Hoge, James Holland, David Holmes, Benjamin Huger, George Jackson, William Jones, Michael Leib, John Milledge, Samuel L. Mitchill, Thomas Moore, Anthony New, Thomas NewSmith, John Smith, of New York, John Smith, of Vir ton, jun., Joseph H. Nicholson, John Smilie, Israel ginia, Samuel Smith, Henry Southard, Richard Sprigg, Richard Stanford, John Stanley, Joseph Stanton, jun., John Stewart, John Taliaferro, jr., David Thomas, John Thompson, Abram Trigg, John Trigg, and Isaac Van Horne. NAYS-John Bacon, John Camphell, Samuel W. Dana, John Davenport, Ebenezer Elmer, Abiel Foster, Calvin Goddard, Roger Griswold, William B. Grove, Daniel Heister, Thomas Lowndes, Ebenezer Mattoon, Lewis R. Morris, Thomas Morris, James Mott, Elias Perkins, Thomas Plater, Nathan Read, John Rut ledge, William Shepard, John Cotton Smith, Josiah Smith, John Stratton, Samuel Tenney, Thomas Til linghast, Peleg Wadsworth, Benjamin Walker, and Lemuel Williams. Resolved, That this House doth agree to the said standing rules and orders, amended to read as followeth : Rules and orders for conducting business of the House of Representatives of the United States. 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. Questions shall be distinctly put in this form, to wit: "As many as are of opinion that (as the case may 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 ques tion 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, unless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if, upon such ballot, the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes 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 majority, 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. Stenographers shall be admitted; and the Speaker shall assign such places to them on the floor, as shall not interfere with the convenience of the House. 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 called to order shall immediately sit down, unless per H. OF R. mitted to explain, and the House shall, if appealed to, I 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. When two or more members happen to rise at once, the Speaker shall name the member who is first to 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 present when the question was put. tion, no member without the bar shall be counted. Upon a division and count of the House on any ques question is put shall give his vote, unless the House, Every member who shall be in the House when a 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. the After a motion is stated by the Speaker, or read by Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before a decision or amendment. be received, unless to amend it, to commit it for the When a question is under debate, no motion shall 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 pleasure of the House. No new motion or proposition shall be admitted, under color of amendment, as a substitute for the motion or proposition under debate. When a question has been once made and carried, in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof. When the reading of a paper is called for, and the same objected to by any member, it shall be determined by a vote of the House. The unfinished business, in which the House was H. OF R. Standing Rules and Orders. engaged at the time of the last adjournment, shall have JANUARY, 1802. A Committee of Elections, to consist of seven members; A Committee of Claims, to consist of seven members; A Committee of Commerce and Manufactures, to consist of seven members; A Committee of Ways and Means, to consist of seven members; And a Committee of Revisal and Unfinished Busi ness, to consist of three members. In all cases, when others than members of the House may be eligible, there shall be a previous nomination. It shall be the duty of the said Committee of ElecIf a question depending be lost by adjournment of tions to examine and report upon the certificates of the House, and revived on the succeeding day, no mem-election, or other credentials, of the members returned ber, who has spoken twice on the day preceding, shall be 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; a brief statement of the contents thereof shall verbally be made by the introducer, 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 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. to serve in this House, and to take into their consideration all such petitions, and other matters touching elections 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 and 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. It shall be the duty of the said Committee of Commerce and Manufactures, to take into consideration all such petitions, and matters or things touching the com merce 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 Ways and Means to take into consideration all such reports of the Treasury Department, and all such propositions relative to the revenue, as may be referred to them by the House; to inquire into the state of the public debt, of the revenue, and of the expenditures, and to report, from time to time, their opinion thereon; to examine into the state of the several public departments, and particularly into the laws making appropriations of moneys, and to report whether the moneys have been disbursed conformably with such laws; and, also, to report, from time to time, such provisions and arrangements, as may be necessary to add to the economy of the departments, and the accountability of their officers. It shall be the duty of the said Committee of Revisal and Unfinished Business to examine and report what When a member shall be discharged from custody, be revived or further continued; also, to examine and laws have expired, or are near expiring, and require to and admitted to his seat, the House shall determine report, from the Journal of the last session, all such whether such discharge shall be with, or without pay-matters as were then depending and undetermined. ing fees; and, in like manner, whether a delinquent No committee shall sit during the sitting of the member, taken into custody by a special messenger, shall, or shall not, be liable to defray the expense of said 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 arrest, the sum of two dollars; for each day's custody and releasement, one dollar; and for travelling expenses of himself, or a special messenger, going and returning, one-tenth of a dollar per mile. Five standing committees shall be appointed at the commencement of each session, viz: 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. end of each session, to send a printed copy of the It shall be the duty of the Clerk of the House, at 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 mem ber, shall inform the House that he has communications to 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, 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. The first reading of the 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 the bill, the Speaker shall state it as ready for commitment or engrossment; and if committed, then a question shall be, whether to a select or standing committee, or to a Committee of the whole House; 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 report thereof to the House, a bill may be recommitted, or at any time before its passage. All bills ordered to be engrossed, shall be executed in a fair round hand. 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. Upon bills committed to a Committee of the whole House, the bill shall be first read throughout by the 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 House. After report, the bill shall again be subject to be debated and amended by clauses, before a question 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 the longest time shall be first put. H. OF R. 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. No sum or quantum of tax or duty, voted by a Committee of the whole House, shall be increased in the 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 proceedings in the House shall be observed in committee, so far as they may be applicable, except the rule limiting the times of speaking. That no person shall be admitted within the lobby, but members of the Senate, officers of the General or State Governments, foreign Ministers, and such as are introduced by the members of the House. 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 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 chose, the reason 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 JANUARY, 1802. the same, where satisfactory proof is made that the originals have been lost, destroyed, or obtained by fraud;" which lay on the table: Whereupon, Ordered, That the farther consideration of the said report be postponed until Monday next. The House resolved itself into a Committee of the whole House on the report of the Secretary of the Treasury, of the fourth instant, to whom was referred, on the fourteenth ultimo, the memoapprobation, shall also, in the same manner, be previ-rial of John Hobby, late Marshal of the district of ously enrolled, examined, and signed, and shall be pre-Maine; and, after some time spent therein, the sented in the same manner, and by the same committee, Committee rose, reported progress, and had leave as provided in case of bills. When the Senate and House of Representatives shall to sit again. 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. FRIDAY, January 8. Mr. MILLEDGE, from the Committee of Elections, reported that the committee had examined the certificates and other credentials of the members returned to serve in this House; and had agreed to a further report; which was read, and ordered to lie on the table. On motion, it was Resolved, That a committee be appointed to inquire and report whether any, and what, alterations are necessary to be made in the "Act respecting quarantine and health laws.” Ordered, That Mr. MITCHILL, Mr. EUSTIS, Mr. LEIB, Mr. ARCHER, and Mr. LOWNDES, be appointed a committee, pursuant to the said resolution. On motion, it was Resolved, That the President of the United States be, and he is hereby, requested to cause to be laid before this House an estimate of the expenses which are necessary for the carrying into effect the Convention between the United States of America and the French Republic. Ordered, That Mr. RANDOLPH and Mr. BAYARD be appointed a committee to present the foregoing resolution to the President of the United States. On motion, it was Resolved, That the President of the United States be requested to cause to be laid before this House such information and documents as are in possession of the Department of State, relative to spoliations committed on the commerce of the United States, under Spanish authority; and, also, relative to the imprisonment of the American Consul at Saint Jago de Cuba. Ordered, That Mr. BAYARD and Mr. RANDOLPH be appointed a committee to present the foregoing resolution to the President of the United States. The House proceeded to consider the report of the committee appointed, on the fourteenth ultimo, "to inquire into the expediency or inexpediency of giving further time to persons entitled to military land warrants to obtain and locate the same; and, also, to report what provision ought to be made by law to authorize the Secretary of War to issue military land warrants, and duplicates of MONDAY, January 11. Another member, to wit: SETH HASTINGS, from Massachusetts, produced his credentials, was qualified, and took his seat in the House. A petition of Thomas Bruff, of Joseph, in the State of Maryland, dentist, was presented to the House and read, praying the aid and patronage of Congress, to enable the petitioner to complete a machine for producing perpetual motion, or to perform continual revolutions without winding; the principles of which he discovered in the year one thousand seven hundred and ninety.-Referred to Mr. SOUTHARD, Mr. LOWNDES, and Mr. MITCHILL, the committee to whom was referred, on the fifth instant, the petition of Lewis Dupre, on the same subject. On a motion made and seconded that the House do agree to an amendment to the eleventh rule of the joint rules and orders of the House, relating Committees of the whole House," so as the said rule shall read as follows: to "That no person shall be admitted within the bar of the lobby, but members of the Senate, officers of the General or State Governments, and foreign Ministers :" And, on the question that the House do agree to the said amendment, it passed in the negative. A Message was received from the President of the United States, transmitting a memorial and documents of the Commissioners of the City of Washington; which were referred to Mr. NICHOLSON, Mr. BAYARD, Mr. JOHN TALIAFERRO, jun., Mr. HASTINGS, and Mr. ALSTON. The House again resolved itself into a Committee of the Whole House on the report of the Secretary of the Treasury, of the 4th instant, on the memorial of John Hobby, late Marshal of the district of Maine; and, after some time spent therein, the Committee rose and reported a resolution thereupon; which was twice read, and agreed to by the House, as follows: Resolved, That it is expedient to appoint a committee to bring in a bill to authorize and direct the Marshal of the district of Maine to discharge from confinement John Hobby, late Marshal of the said district, on his making a surrender of all his property to the United States. Ordered, That Mr. WADSWORTH, Mr. JOHN TRIGG, and Mr. STEWART, be appointed a committee pursuant to the said resolution. Mr. JACKSON, from the committee to whom was |