G. WASHINGTON.

MONDAY, October 31.

Several other members, to wit: from Vermont, NATHANIEL NILES and ISRAEL

SMITH; from Maryland, UPTON SHERIDINE; from North Carolina, WILLIAM

BARRY GROVE; and from South Carolina, ROBERT BARNWELL; appeared,

produced their credentials, and took their seats in the House.

TUESDAY, November 1.

ANTHONY WAYNE, member from Georgia, and JOSIAH PARKER, from Virginia,

took their seats this day.

THURSDAY, November 3.

Two other members, to wit, RICHARD BLAND LEE and JOHN PAGE, from

Virginia, appeared, produced their credentials, and took their seats in

the House.

FRIDAY, November 4.

Another member, to wit, EGBERT BENSON, from New York, appeared, produced

his credentials, and took his seat in the House.

MONDAY, November 7.

Several other members, to wit: from Pennsylvania, WILLIAM FINDLAY; from

North Carolina, JOHN BAPTIST ASHE; and from Georgia, ABRAHAM BALDWIN;

appeared, produced their credentials, and took their seats in the House.

TUESDAY, November 8.

Another member, to wit, ANDREW GREGG, from Pennsylvania, appeared,

produced his credentials, and took his seat in the House.

_John Torrey._

The House resolved itself into a Committee of the whole House on the

Report of the Secretary of War on the petition of John Torrey,

administrator of Major Joseph Torrey, deceased.

Mr. AMES objected to the motion for accepting the Report of the

Secretary of War. He said, it must be apparent that he was placed by

accident in a relation to the subject in debate, which he should not

have adopted of choice. With very little knowledge of the parties and

their connections, and the interests that would be involved by the

decision, he seemed to be considered as standing sponsor for the

petitioner. He might justify this active support of the petition, by

assigning motives which were common to other gentlemen; but as they have

continued silent, I will assign a reason for speaking, which is peculiar

to myself. Nothing excites a person to a more fervid defence of his

opinions, than the supposed discovery that they are misunderstood, and

the force of the reasons on which he had formed them unduly estimated.

Congress promised half-pay to the officers who should continue in

service _to the end of the war_. This was afterwards made a commutation

for half-pay. Major Torrey continued in service till September, 1783,

when he died. The question is, did he continue in service to the end of

the war? The provisional articles of peace were signed on the 30th

November, 1782; but they were to remain without force till terms of

peace should be agreed upon between Great Britain and France. This took

place on the 30th January, 1783, and the ratifications were exchanged on

the 3d February, 1783, at Paris. The provisional treaty between Great

Britain and America was then _a treaty of peace_, and according to the

words of that treaty was _concluded_. Accordingly, on the 11th April,

1783, Congress by a proclamation made known those facts, and the

stipulations made, in regard to the periods when hostilities should

cease, by the contracting parties to the treaty. Hostilities did cease,

and before the end of April, 1783, all America was in perfect peace. The

late hostile nations shook hands, our vessels sailed in safety, and by

sea and land reconciliation succeeded to hostility.

But did all this put an end to the war? The children in the street would

answer this question: they would say, it is peace when it is not war. Of

all facts, the most notorious seems to be the state of war; and it is

the fact that the war was at an end, (and not any after resolve of

Congress,) that the commutation of Major Torrey was made to hinge upon.

When the meaning of a bargain is disputed, it is usual to search out the

intention of the contracting parties when it was made. Supposing,

instead of interpreting a resolve of Congress, any twelve of this body

had to try a case between two private persons; suppose that a man had

given his note of hand for a sum to be paid at the _end of the war_.

Would twelve of this House, or would any jury in the country say that

the war continued longer than hostilities? In private life, a man would

think it touched his character to refuse paying his note in such case.

Surely a government ought to perform its promise with as much delicacy

and exactness. Congress did not promise the half-pay, and afterward the

commutation, on the condition that a man should serve till they should

think proper to say the war was at an end. He depended on the stubborn

_fact_ that it did end, which no resolution of Congress could change;

and not on the refining opinion when the officers might safely be

discharged--for that we see might be differently formed, according to

the different views of policy and safety at the time. An officer having

this promise of Congress, has a right to this commutation on the

cessation of hostilities, in pursuance of the treaty. If this is

disputed, the meaning of the words, "_the end of the war_," should be

decided as it was understood at the time of the promise. Will any one

believe that the 3d November, 1783, was the term, after the state of war

and all the treaties which put an end to it, had been long passed? If

any doubt still remains, writers on the law of nations should be

consulted. For the officer may justly claim an execution of the promise

according to law; that is the umpire between Government and the people.

On appealing to the law of nations, we find that war is defined to be

"the state in which a nation prosecutes its right by force." "Peace is

opposed to the state of war--an accommodation is proposed and conditions

agreed on, and thus peace puts an end to war." "When the powers at war

agree to lay down their arms, the agreement is the treaty of peace."

"The general and necessary effects of peace, are the reconciliation of

enemies and the cessation of hostilities; it restores the two nations to

their natural state." Would any jury in this country say, that the

matter of fact and the principles of law were not in favor of the

petition? Apply these maxims of law to the case. The provisional

articles of November, 1782, were of themselves nothing, it is true, but

they were to constitute the treaty of peace, whenever Great Britain and

France had agreed on the terms of peace. As these two powers did agree

on the 30th January, and ratified the terms on the 3d February, 1783,

_then_ the provisional articles, to use the very words of the preamble,

did _constitute the treaty of peace_; it was _then_ a _concluded_ thing;

and peace in fact took place in the several parts of the world on the

appointed days.

It has been said, that the preliminaries were no more than a suspension

of arms--that the state of war still continues, until a _definitive_

treaty. To this it is answered, that preliminaries bind the national

faith; if violated, the perjured faithless nation would kindle a new

war. By the law of nations there is not such a distinction as that which

is alleged, between preliminary and definitive treaties. Let the

authorities for such a distinction be produced by those who make it. But

they do not exist--a truce does not put an end to a war--a truce is,

however, a suspension of war for a specified term. At the end of this

term, the war begins again, of course, without any fresh declaration.

But a suspension of hostilities for an indefinite period, is not a

truce, but a peace; especially if it is added, that it is agreed upon by

the belligerent nations in consequence of a settlement of their

disputes, and if it happens in fact that the war is not revived. Those

who make so much of a definitive treaty, and so light of preliminaries,

should consider that, on their own system, the former is a kind of

defeasance which annuls the latter. But when the definitive treaty is

signed, the preliminaries, which before were liable to be annulled, now

become of force, and the treaty, now become indefeasible, takes its date

from the preliminaries. Though this mode of reasoning has not much

weight on my mind, it ought to have some with those who have set up the

distinction which it is adduced to overthrow.

These are the reasons on which I have formed my opinion that the war

ended in fact in April, 1783, when hostilities ceased by mutual

agreement of the powers at war. My opinion is supported by authority

much more reputable than any I can give to it. The law courts in this

country have decided it judicially; cases of captured vessels, and the

question of interest on British debts, have produced decisions in every

State of the Union, unless I am misinformed, that the war ended in March

or April, 1783. The courts in England, and in every country where the

war spread, on trials of property, have made similar decisions. Major

Torrey died in September, 1783; shall this body decide against the

settled rule of all the law courts?

It remains to remove some objections:

It is alleged, that Congress have by various resolves fixed the period

of the war, and have declared that the 3d November, 1783, is the term.

If they had declared that it should be computed from the end of the

world, it would not alter the truth of the fact. _After_ declarations

ought not to be received to change their own promises. But a

declaration, or a dozen of them, made for another purpose, and not to

declare the meaning of the contract, cannot on any principle be received

to interpret it. It is not necessary, however, to contend against those

resolves of Congress. They are irreconcilable with the former engagement

to Major Torrey. In undertaking to reconcile them, I feel that I impose

a task on myself, which is made heavy by the prepossessions of many of

my friends; I believe the minds of gentlemen are perfectly fair, and

well-disposed to doing the petitioner justice. But I hope I shall not be

thought to intend any offence, when I remark that certain ideas, such as

that this claim is cut off by resolves of Congress, and that on allowing

it, confusion would take place in the business of the public offices,

were started with the discussion, and they have remained so woven into

the texture of the debate, that I think it hard to unravel them. It was

soon manifested that there was a general disposition to vote against the

petition. This opportunity for debate seems to have been accorded as of

grace, rather than as a means of removing any existing doubts of their

own. Having adopted these opinions, this is rather a form of refusal

than a mode of inquiring; and it seems to have been chosen with every

circumstance of decency, and with all possible steadfastness of purpose.

Yet I will proceed to state, that the point whether the war was at an

end when hostilities ended in April, 1783, being already considered

fully, we are to look for other reasons than such as relate to the

commutation, to explain the resolves of Congress which continued the

service of the officers beyond the end of the war, and as late as

November, 1783. A mistake seems to have crept in here. It seems to be

supposed that the officers were engaged to serve to the end of the war,

just long enough to secure their commutation. But the commutation

depended on one thing--the term of their service on another. The former

was their right at the end of the war; but they were to remain in

service till dismissed, unless they should think fit sooner to resign.

They held their commissions during the pleasure of Congress. Though

when the war ended they had a right to the commutation, they had no

right to say their service was at an end. They did not choose to resign:

Congress, for wise reasons, did not choose to dismiss them. A foreign

army was still in New York. They were sent home on furlough, but drawing

pay, and liable to be called into the field. Congress, in their

resolves, did not say that it was not peace, but in effect that it was

unsafe to disarm. Gentlemen are not well agreed among themselves as to

the end of the war. Some fix it at the definitive treaty of September 3,

1783; others at November 3. Their conclusions agree as illy with their

principles; for if the definitive treaty put an end to the war, how can

the same gentlemen say that the war was kept alive, on the journals of

Congress, till November, 1783? Here, then, were Peace and War subsisting

quietly together during two months.

The fears of making confusion by opening a door to many applications,

seem to be groundless. A man must have died between the end of

hostilities and November, 1783, to place a claim on the like footing.

The living have had their commutations; they cannot come: and no other

officer died in that period, as far as I can learn. I have inquired, and

cannot find at the office of the Secretary of War any precedent which

militates with this claim, or any reason to suppose that any similar one

will be offered. The case is a new one; it stands alone, and probably

ever will, and it must be decided on its own merits. Believing the fact

to be indisputable that Major Torrey served to the end of the war,

confiding in the principles of the law of nations, and the settled

decisions of the Judicial Courts, I have endeavored to explain my ideas

with perspicuity, and to impress them with force. I have said more than

questions touching an individual will often be found to merit; but when

public principles are construed to the prejudice of private rights, the

debate cannot be treated too seriously.

Mr. BOUDINOT said, he differed in opinion from the gentleman in his

construction of the business. He did not coincide in the idea that the

decision of the present question should be on a strictly judicial

principle. The petition is founded on certain resolutions and laws of

Congress; and as there are certain established rules which have been

observed in settling with every other officer similarly circumstanced,

Congress cannot now with propriety break through those rules; to these

they ought to adhere, till by the decision of some judicial court it

shall appear that they are contrary to the rules of justice. [Here Mr.

AMES requested Mr. BOUDINOT to point out the rules to which he

referred.] Mr. B. referred to the report now under consideration, which

was founded on a resolution of Congress, that the time for which the

army was engaged should expire in November, 1783. This has been made a

rule in all the settlements with the officers of the army.

The terms of the contract, between the officers and the United States,

depended, he said, on the decision of the sovereign power; that was

authorized alone to determine when the war should cease. That power was

vested in the then existing Congress, who, although they entered into

provisional articles in November, 1783, did not, however, think proper

immediately to disband their armies or put an end to the war, as it was

yet uncertain whether those provisional articles would be ratified by

Great Britain, or a treaty of peace concluded between Great Britain and

France; a circumstance which was necessary before those articles could

be definitively binding. It was only when the definitive treaty was

made, that Congress determined the period of the war. The army, when

finally disbanded and paid up to that day, acknowledged, by accepting

their pay, that it was then only the war ended; and, as far as was in

their power, assented to the principle which he maintained, that the

provisional articles had not before put an end to the war. Suppose that,

on the arrival of the definitive treaty, Congress had not agreed to the

terms, would the war have then been considered as at an end? Would not

Congress have been in the same situation as before the signing of the

provisional articles? It was necessary that Congress should, by a

definitive act, determine when the war ceased. Congress had passed such

an act; and the House at present cannot with propriety enter into a

resolution to alter the period. The argument of inconvenience ought also

to have some weight with the House; for if any alteration were now to be

made in the law, it must have a retrospect to all the widows and

children of deceased officers, who have received half pay for years

past. Besides, many officers who have not hitherto considered themselves

as entitled to half pay, would, in consequence of such an alteration,

have a right to apply for it.

Mr. LAURANCE said, he doubted not the gentleman who supported the

petition was fully satisfied as to the justice of the claim which he

advocated with so much ardor; he begged leave to state his opinion,

however, on the subject, in which he should differ from that gentleman.

The contract with the officers of the late army was, that those should

be entitled to certain benefits who served to the end of the war. But

Major Torrey was not thus circumstanced, as he died previous to the

period when the war ceased, and left neither widow nor orphan to receive

the benefit of the provisions allowed by law; his case is not

contemplated by any existing resolution of Congress.

It is well known that hostilities ceased at the time of publishing the

provisional articles which formed the basis for the treaty of peace; but

can any man say that every soldier had a right on that event to demand a

discharge? Surely not. The provisional articles had the peace in

contemplation, but the army was not to be discharged till the articles

of the definitive treaty were ratified by the belligerent powers. The

army of the United States was, therefore, only furloughed, and Congress

retained the power of recalling them into service; and had the officers

and soldiers been recalled from their furloughs to take the field, it

would have been a continuance of the same war; but if the definitive

treaty had been signed, and hostilities had commenced the very next day,

it would have been a new war, and would have been prosecuted on entirely

new principles. The second article of the provisional treaty looks

forward to a _future_ period for a conclusion of the war; and he

inferred, that the definitive articles being ratified, and the

ratifications exchanged, alone constituted a termination of the war. Mr.

L. added some observations on the legal ideas of Mr. Ames, in which he

also differed from that gentleman; and concluded by expressing his

approbation of the Report of the Secretary of War.

Mr. AMES's remarks were further combated by Mr. WILLIAMSON, Mr. DAYTON,

Mr. HILLHOUSE, Mr. WADSWORTH, Mr. CLARK, and Mr. WHITE.

Mr. WAYNE was opposed to the report, and stated certain particulars to

show that the army was not furloughed by Congress because it was

apprehended there would be any further demand for their services, but

because it was inconvenient to give them an absolute discharge at that

period.

The motion for accepting the Secretary's Report was carried by a large

majority.

WEDNESDAY, November 9.

Two other members, to wit: from Maryland, WILLIAM VANS MURRAY; and from

South Carolina, THOMAS SUMTER; appeared, produced their credentials, and

took their seats in the House.

The Speaker laid before the House a letter from the Governor of

Maryland, enclosing a letter to him from WILLIAM PINKNEY, a member

returned to serve in this House for the said State, containing his

resignation of that appointment; also a return of JOHN FRANCIS MERCER,

elected a member to serve in this House, in the room of the said WILLIAM

PINKNEY: which were read, and ordered to be referred to the standing

Committee of Elections.

THURSDAY, November 10.

_The Census._

The House again resolved itself into a Committee of the whole House on

the Schedule of the Enumeration of the Inhabitants of the United States.

Mr. LAURANCE had previously moved, that until the next enumeration the

number of Representatives should be one for every thirty thousand

persons.

Mr. DAYTON moved to strike out "thirty," before "thousand." This

amendment was under consideration.

Mr. GERRY observed, that in all the decisions of the Legislature, we

ought to follow as far as possible the opinion of the great body of the

people. If this opinion should be found to be against the ratio of

thirty thousand, the amendment ought to be adopted; but if we refer to

the amendments, proposed by the Conventions to the constitution, we

shall find that five States are in favor of one Representative to every

thirty thousand persons, till the number should amount to two hundred.

None of the propositions now moved as amendments to the motion of the

gentleman from New York, amount to that number. Several others of the

Conventions were of opinion that the representation was too small to

secure the liberties of this country. This Government, said he, is a

Government of representation; the people may control their

Representatives, but their influence is small in respect to the Senate

and the Executive, and still less over the officers of Government. On

what then do the people depend for checking encroachments, or preventing

abuses? On their Representatives? If these should be too few, or if they

should fail them, they never can redress their grievances without having

recourse to violence. If the number is small, a majority may be the more

easily corrupted. On the other hand, too large a number will be attended

with difficulties; a medium then is most eligible. An adequate number is

absolutely necessary; and to show that one to thirty thousand would not

produce more than an adequate number, he referred to the ratio of

representation in England and France, in which there was a greater

proportion of Representatives than in the Legislature of the United

States.

He then adverted to the objection arising from the additional expense;

but, he observed, after Congress shall have passed a few more of the

most important acts, it is not probable that the public business will in

future require that the sessions should be for more than four months

annually; this would reduce the expense greatly, in the first instance;

and, agreeably to a calculation, an addition of forty-seven members to

the present number, would make the aggregate expense but about

one-eighteenth part more than at present, supposing the sessions to be

four months long. But he considered the objection on account of the

expense as merely speculative.

Although Congress is not positively bound by the constitution to give

one member for every thirty thousand inhabitants, yet he would ask,

whether the citizens of the United States did not expect that this ratio

would be adopted? and whether they would not consider it as an abuse of

power, if Congress, instead of one to thirty thousand, should settle the

representation at one to forty thousand? Eight States have already

adopted the first article of the proposed amendments to the

constitution: and if the House should either settle the number of the

Representative body, as it now stands, or reduce it, or establish it at

one hundred, perhaps they might, before the end of the session, be

obliged to repeal their act--as they would be bound by the amendment,

as soon as it is ratified by a sufficient number of States. If gentlemen

thought it probable that the proposed amendment would be ratified by the

several States, they ought already to consider it as a rule for their

conduct, and be restrained by it, from giving less than one

Representative for thirty thousand inhabitants. After the representation

amounts to one hundred, Congress will, no doubt, have a right to fix it

there, until it is increased by the ratio of one to forty thousand: but

that is a power which, he presumed, Congress will not exercise; but that

they then will establish some ratio, by which the increase of

representation shall keep pace with the increase of population, until

the House consists of two hundred members.

Mr. BOUDINOT was convinced of the propriety of striking out the word

"thirty." The House ought to consider what would be an adequate number

for doing the business of the Union; and that number ought not to be

exceeded, except to answer some very valuable purpose. Business would

proceed with difficulty, if the representation was so numerous as it

would become by the ratio of one to thirty thousand. The present

representation of the United States is in a ratio very different from

that of one to thirty thousand; and yet he thought it fully adequate.

From a rough calculation, the ratio of thirty thousand would produce one

hundred and thirteen members; thirty-five thousand would give

ninety-seven; and forty thousand would produce eighty-one. If the number

once settled was to rest there, he would not be over anxious to oppose

the increase; but if gentlemen would take into view the increase

consequent on the next enumeration, they would find that the number will

by far exceed the due bounds.

He thought the people of the United States would be duly represented,

and to their entire satisfaction, if the ratio was set higher than

thirty thousand; nor could he imagine that such an exact proportion,

between the Representatives and the represented, was at all requisite to

secure their liberties, or to do the necessary business of Government.

This indeed might be the case, if the power vested in Congress was

proportionate to their number; but, since the House would possess the

same powers, whether it consisted of a greater or a smaller number, he

thought the people equally secure in either case. The ratio of

thirty-five thousand, which would produce ninety-seven members, would,

in his opinion, be a very proper one. If, however, the people should

think otherwise, they had it in their power to correct the mistake, by

ratifying the proposed amendment. Their not having as yet ratified it,

was to him an argument that they thought the ratio too low; or, at

least, that they considered the question as doubtful. Some of the

States, he observed, have postponed the consideration of the amendment;

and eight only have as yet agreed to it. On the whole, the House might

safely adopt the ratio of one to thirty-five thousand; for that the

increasing population of the United States would ever supply a

representation sufficiently numerous to answer every good purpose.

Mr. CLARK observed, that his objection was not merely on account of the

pay of the members, but an increase in the representation would bring an

additional expense on the people, by increasing the number of public

officers; as almost every man would wish to see his friend provided for.

The liberties of America could be in no danger from the present ratio of

representation. The doors of the House are open, and the people know

what their Representatives are doing.

Mr. STEELE was in favor of the motion for striking out _thirty_. In

discussing the important subject before the committee, he observed that

there were two inquiries to be attended to: What is the proper number to

constitute a Representative body for the United States, and what ratio

will leave the fewest fractions in the respective States? One member to

thirty thousand, he conceived, would give too numerous a representation.

According to the present number of inhabitants, it will almost double

the present number; it will divide and diminish the responsibility, make

the House too unwieldy, retard public business, and increase the public

expenses unnecessarily. An adequate representation, he thought, would be

comprised within a much smaller number.

Gentlemen have called our attention to the House of Commons of Great

Britain, and the National Assembly of France; but God forbid that we

should draw our precedents from such examples as may be cited from

European representation.

He was opposed to thirty thousand as the ratio: it would, in fractions,

throughout the United States, leave above three hundred and sixty-nine

thousand citizens unrepresented. Thirty-five thousand he thought the

most eligible number, as it would leave the fewest fractions.

Mr. LAURANCE agreed that an adequate number was the great object to be

attended to; but he contended that the original motion would give this

number more completely than a larger ratio: and it ought to be

considered, that, before the next enumeration, it will not be probably

more than one to fifty thousand. As to the increase of expense, he

observed that the great objects being accomplished, the future sessions

will be short; besides which, the compensation of the members may be

diminished. But he considered a necessary increase in the expense to be

fully counterbalanced by affording greater security to the liberties of

the people. The firmness of a government depends on a strong Executive;

but this Executive should be founded on a broad bottom; and the broader

the basis, the more secure is the public freedom under a vigorous

Executive.

The existence of the Union may depend on the fullness of the

representation. The inequality in the proportional increase of the

number of inhabitants in different States, ought also to be taken into

consideration; for it is very probable that in a short time, while some

of the smaller States had a Representative for every thirty thousand,

others would not have one to forty thousand. He was governed by general

principles, and not by any calculations of fractional numbers: the

constitution contemplates the ratio he had proposed, and therefore he

hoped the motion for striking out would not obtain.

Mr. GOODHUE observed, that the situation and circumstances of the

Government of the United States are so different from those of France or

Great Britain, that no parallel could be drawn respecting them. Nor is

there an absolute similarity between this Government and those of the

State Governments. The objects of legislation which come under the

cognizance of Congress, are but few compared with those which engage the

British House of Commons and the National Assembly of France. A much

larger representation for them, and in our State Legislatures, is

therefore more proper, than is necessary for us in the General

Government. He doubted the opinion that a large representation was less

liable to corruption than a small one: some facts appear to confirm the

former sentiment. He did not consider the expense as a material

objection, if an increase of the number be necessary to doing more ample

justice, or for the greater security of the liberties of the people;

but, as he thought this was by no means the case, he was in favor of

striking out "thirty," in order to insert a larger number.

Mr. BARNWELL agreed with the gentleman last up. He should vote for

striking out "thirty," in order to substitute the largest number that

had been mentioned. Mr. B. entered into an abstract and philosophical

discussion of the principle of representation in Government. The leading

sentiment was, that a large proportion of Representatives is not

necessary to obtain the best objects of legislation, in expressing the

will of the people, or to secure the liberties of the constituent body.

The great point, he observed, was, to combine the greatest portion of

honesty with a due degree of activity. That number which would comprise

a due proportion of these, would be competent to all the purposes of

legislation, whether the number for which it legislates is ten thousand,

or five hundred thousand. On this principle, he was decidedly against a

large number, and in favor of a small one. Adverting to the British

House of Commons and the National Assembly of France, with respect to

the former, he said, their corruption is, in a great degree, owing to

their numbers: as to the latter, he observed, that the National Assembly

had acted, in his opinion, politically and wisely. They set out with a

large representation, in conformity to the sentiments of the people at

the moment; but, on experience, finding the number too great, they have

reduced it from twelve hundred to about two hundred and fifty. He

believed that the general sense of the people was against a large

representation in Congress; the inconveniences experienced from numerous

bodies in the State Legislatures have led several of the States to

lessen the number. He instanced Georgia, South Carolina, and

Pennsylvania.

Mr. BALDWIN was opposed to the motion. One Representative for thirty

thousand appeared to him by no means a great representation. The opinion

that, of late, had been so often advanced from the press, and in public

discussion, for reducing the Representative branch in Government to a

small number, he held to be full of dangerous error. He was sensible

that the terms great and small were so merely relative in their

signification, that it was difficult precisely to understand each other

in the use of them. Perhaps they may most properly, both of them, be

considered as extremes. No doubt representation, which of late seems to

be used as the character of Republican Government, is a great

improvement upon Democracy, or legislation by the whole body of the

people. He could conceive that a representation might be so large as to

partake of the evils of assembling the whole body of the people; but it

was a very improbable and not a dangerous extreme: the other extreme was

full of danger. These observations acquire much force, when applied

particularly to the Governments of this country: enfeeble the

representative part of them, and you sap the very principles of life.

They stand on a different basis from the Governments which have gone

before them, and may justly be said to be new experiments in government;

time, as yet, has scarcely given room to judge of the probable issue;

but this we may pronounce with much certainty--Let the principles of

representation languish, and they have no chance of success.

It had not been found practicable to ground representation in the

Federal Constitution upon any other principle than that of numbers; but

extent of territory is unquestionably one of the natural principles on

which it rests, and should if possible be regarded. One for thirty-four

or thirty-five thousand may be deemed a proper representation in the

Kingdom of France, or of Great Britain. The four millions which compose

the United States, compactly settled where there was great sameness in

the country, and pretty equally distant from a common centre, would be

properly represented by a smaller number than in their present sparse

settlement. But still further: the settlement of the United States is a

fillet stretched along the sea-coast for seventeen hundred miles,

comprehending as great a variety of climate and interests as one of the

other quarters of the globe. It is difficult to conceive of a situation

which calls for a greater extension of the principle of representation.

It has been said, that one for thirty thousand will make too large and

unwieldy a body. He was sensible that was a point that did not admit of

being determined by any conclusive reasoning; it was a mere matter of

opinion; sound judgment only is to be used, time and experience will

come on and confirm or correct the opinion. In such a case, it is wise

to inquire how this has been judged of by others who have had a

Representative body. In France, one thousand two hundred was not thought

too great a representation in forming their National Assembly; and the

number established by their new constitution for their stated

Legislature was not two hundred and fifty, as the member last up had

stated, but, if he had not been misinformed by the publications in this

country, it was nearly seven hundred and fifty.

In the Kingdom of Great Britain, five hundred is not thought too great a

representation: and can one hundred and thirteen, which is the greatest

number contended for, be considered in this country as a huge and

impracticable mass of representation?

It had ever appeared to him to be among the strongest marks of our youth

and inexperience, that we grow wise too suddenly. He was afraid this

instantaneous wisdom which sprung up so at once, and set at nought, or

removed to the extreme of absurdity and folly, the deliberate and tried

opinions of the most profound and enlightened among men, in

circumstances peculiarly favorable to honest decision, will itself be

left by time on that extreme.

The Federal Government, it must be admitted, is in fact pretty highly

seasoned with prerogative; practice has already evinced the necessity,

in many instances, of increasing it, by devolving much of the

Legislative power upon the Executive Department, arising from the

difficulty of making particular provisions and details in our laws, and

accommodating them to the various interests of so extensive a country.

The other branch of the Legislature has many traits of a perpetual--at

least of a very solid constituent part of the Government. He did not

mention these as imperfections in the Government; they are perfections,

if the other parts can be in due proportion: but it is surely a sound

reason against taking positive measures at this time to diminish the

Representative branch. For his own part, he was not well satisfied as to

the intention. If there is any reason to apprehend that the Government

will depart from the point on which it was first placed, he could

scarcely suppose that any one could be honestly alarmed with the fear

that the departure would be towards Democracy. He concluded, by

expressing his hopes that the representation to the next Congress would

be fixed at one for thirty thousand, as it had hitherto been, and that

the motion for striking out would not prevail.

FRIDAY, November 11.

JOHN W. KITTERA, from Pennsylvania, appeared, produced his credentials,

and took his seat in the House to-day.

MONDAY, November 14.

A petition of James Jackson, of the State of Georgia, was presented to

the House and read, complaining of the undue election and return of

ANTHONY WAYNE, one of the members returned to serve in this House for

the said State.

_Ratio of Representation._

The House again resolved itself into a Committee of the whole House on

the Schedule of the Enumeration of the Inhabitants of the United States.

Mr. FINDLAY declared himself to be in favor of one Representative for

every thirty thousand persons. The opinion of the people should be the

guide of the committee; that opinion, he conceived, to be in favor of

the ratio he had mentioned.

The representation ought as nearly as possible to express not only the

will, but to participate in the wishes and interests of the people. A

large representation embraces these interests more fully, and is more

competent to giving and receiving information. The objects of

legislation are such as come home to the doors, to the feelings of every

man; the Government ought therefore to secure the confidence of the

people by a large representation. The expense he considered as trifling

compared to the benefits--and the people expect and are willing to pay

for being well governed, and having their liberties secured. An

increased representation is an additional security against corruption.

As to delays occasioned by a numerous body, he observed that the

Representatives were chosen to deliberate and to mature every subject

before decision; he instanced the advantages derived from the numerous

representations in France and in Ireland; the former had framed a

constitution in two years for twenty-six millions of citizens, and

provided for securing the liberties of their country--and the latter had

proved a successful barrier against the encroachments of the arbitrary

power of England. He concluded, by asserting that the voice of the

people was in favor of the amendment proposed to the constitution, which

would give one Representative to every thirty thousand persons.

Mr. GILES said this subject had struck him in two points of view:

whether Congress are not precluded from exercising any discretion on the

subject? and whether, if they are not, it is expedient for them to

exercise this discretion at this time? The ratio of representation is a

constitutional, and not a Legislative act. He referred to the

constitution, in which it is said that there shall be one Representative

to every State; and, secondly, that until the enumeration, the number

should be as therein appointed to each State. After the enumeration, the

number is mentioned below which it shall not be placed; but there is a

negative power to increase the ratio, and from this negative power, a

positive discretionary power is inferred. But, he observed that Congress

had precluded itself from a right to exercise this discretionary power,

by sending out to the several State Legislatures an amendment on this

very subject. This amendment he considered in a serious point of view;

and had this idea been attended to at the commencement of the

discussion, he conceived that it would have prevented the opinion from

being brought forward whether it was expedient that any change in the

ratio of the representation should take place. The idea of one to thirty

thousand, he considered as fully settled in the minds of the people; and

a change on the part of the Government would indicate a changeable

disposition, and a mutability of counsels, which is but another name for

weakness.

Mr. G. then took a view of the objects of legislation to the State

Assemblies, and of those of the General Government. In the former, above

one thousand persons are employed, though their attention is confined to

their internal police. Those of the General Government, on the other

hand, are on the great objects of the whole finance of the Union, a sum

of more than eighty millions of dollars, &c., &c.

It is said that we shall want abilities, but I should be sorry if a

representation of ten times the present number of this House should

comprise the abilities of a single State.

He assigned different causes than numbers, for the corruption in the

British House of Commons; among these were the frequent mortgages of the

funds, and the immense appropriations at the disposal of the Executive,

the mode of their elections, &c. A large number is not so easily

corrupted as a small body.

An inequality of circumstances, he then observed, produces revolutions

in Government, from Democracy to Aristocracy and Monarchy. Great wealth

produces a desire of distinctions, rank, and titles. The revolutions in

property in this country have created a prodigious inequality of

circumstances. Government has contributed to this inequality; the Bank

of the United States is a most important machine in promoting the

objects of this moneyed interest. This bank will be the most powerful

engine to corrupt this House. Some of the members are directors of this

institution; and it will only be by increasing the representation that

an adequate barrier can be opposed to this moneyed interest. He next

adverted to certain ideas which he said had been disseminated through

the United States; and here he took occasion to observe, that the

Legislature ought to express some public disapprobation of these

opinions. The strong Executive of this Government ought to be balanced

by a full representation in this House. He hoped the motion to strike

out thirty thousand would not obtain.

Mr. BOUDINOT closed the debate of this day by a few remarks, reinforcing

his former observations in favor of an increased ratio.

TUESDAY, November 15.

_Ratio of Representation._

The House again resolved itself into a committee of the whole House on

the Schedule of the Enumeration of the Inhabitants of the United States.

Mr. PAGE addressed the Chair as follows:

Mr. CHAIRMAN: I can no longer refrain from expressing my sentiments

respecting the question before the committee; not only because I wish if

possible to remove the error which I think several members, for whom I

have the highest respect, have fallen into, but because I feel myself

more interested in the question than I ever was in any one I have had to

decide on.

Sir, it gave me pain to find those worthy members calculating and coldly

applying the rules of arithmetic to a subject beyond the power of

numbers to express the degree of its importance to their

fellow-citizens. I was distressed, sir, to find that, in their honest

zeal for securing order, despatch of business, and dignity in

respectability of members in the General Legislature, they used

arguments which have been applied in other countries to the

establishment of insolent aristocracies--in some, tyrannical

despotisms--and in others, kings; those countries which were most on

their guard with a semblance of a free Government.

Sir, the errors I wish to correct are these. They think that because it

is _proposed_, by a _proposed_ amendment to the constitution, to

authorize them to interfere in the business of ascertaining and fixing

the ratio of representation to the population of the States, that

Congress ought, without any hesitation, to enter on that business; but I

humbly conceive that Congress, as this is a delicate question in which

their own weight and importance must unite with the weight and

substantial interest of their constituents, ought to listen to the

suggestions of delicacy, and leave its discussion to a disinterested

convention of the States. I say it appears to me no small error to quit

the plain path of legislation, marked out for us by the constitution,

needlessly to wander into the field of political speculation respecting

its supposed defects.

Let me, therefore, advise to leave the restriction of the numbers of

members of this House to the people, or to some future Congress, which

can see more plainly than can now be descried, the evils of a too

numerous representation. By so doing, we shall avoid, if not an improper

measure, at least a rash step--at least we shall stand clear of a charge

of indelicacy, and deprive our enemies of the triumph they expected in

the completion of their predictions, that Congress would never propose

any amendments to the constitution but such as would be subservient to

their own views and aggrandizement. Let us not give the enemies of our

new Government cause to exult, and its friends to sigh and mourn. Let us

not give our friends occasion to repeat what many have said, that so

many of our citizens have been led away by theoretical writers on

government, as to render it problematical whether the American States

are not at this time as much indebted to the National Assembly for its

remains of Republican principles, as France was to Congress, in 1776,

for their first ideas of that liberty which they now enjoy. Let us not,

in this moment of general exultation of the friends to the rights of

man, take a step which may damp their joy, and lead them to fear that

Americans, who were foremost in the glorious career of liberty, have

stopped short.

But, not to take up the precious time of this House with relations of

facts to show what was and is the opinion of our fellow-citizens on this

interesting subject, I will only state a few arguments which have weight

with me as being in themselves evident truths, viz: Our constitution

being framed by the people, and introduced to us in their name, and

Congress being the creatures of their will, spoken into existence by the

word of their power, for Congress to lessen _their_ weight, to diminish

their importance, and to exclude them from as full a share in their own

Government as can be consistent with the nature of it, and indeed from

that share which they claim, must be impolitic and dangerous.

But, granting that the people wished not a greater share in the General

Government than is proposed by the amendment, as it is impossible, in a

country like the United States, that one man can be sufficiently

informed of the opinions, wishes, and real interests of thirty-five

thousand of his fellow-citizens, and therefore laws might be enacted

contrary to the opinions, wishes, and interests of the people, in which

they might nevertheless acquiesce, sacrificing their interests for the

sake of peace and quiet to the wills of their Representatives, one

thirty-five-thousandth part of their own number, what friend to his

country would wish to see such a dangerous influence on the one hand,

and such a blind submission on the other? How long could an enlightened

people remain in such a state of insensibility and torpor? And what

might not be the consequence of their awakening from their lethargy? If

not an expensive revolution, an expensive repeal of laws. And here I

will remark, that the smallest number of Legislators, and they, too,

well selected for their wisdom and respectability, if unacquainted with

their constituents, might pass well-framed laws, founded on the wisdom

of other countries, and yet find them disagreeable to their

constituents, and be under a necessity of repealing them; but this could

not be the case, if the people had in that Legislature a sufficient

number of Representatives on whose fidelity, attachment, and

disinterestedness they could rely. This, sir, is a truth worthy of our

attention--an ignorance of which, or inattention thereto, I suspect has

been the occasion of much political evil in the world. Happily for

France, the people had such a number of Representatives in the National

Assembly as could engage their feeling, inform their judgment, attach

their interest, and establish their confidence in their fidelity and

disinterestedness; had that number been much smaller, it is probable

France would never have been delivered from oppression by their

exertions.

I know, sir, that many friends of our constitution thought that the

convention did not pay a sufficient attention to the interests of their

constituents, when they restrained them from having more than one

Representative for every thirty thousand citizens. I know that there is

a report that the people are indebted to their President, even for this

share in their Government; and I believe, sir, if this report be true,

that whatever has been so justly said of him, as compared to Fabius, to

Hannibal, to Alexander, may be forgotten, when this instance of his

wisdom, disinterestedness, and attachment to the interests of his

fellow-citizens, will be more and more known and applauded, and be for

ever engraved on the hearts of their posterity. Shall we, then, Mr.

Chairman, the direct Representatives of the people, be less attentive to

their interest, and that too respecting their share in the deliberations

of their own House of Representatives, than the President of their

convention was? I trust not.

I will not pretend to say, however, whether in an Assembly where

attempts are frequently made to carry into effect the projects of

monarchical or aristocratical juntos, the virtuous struggles of

patriotic members may not produce mob-like disorders; but in an Assembly

like Congress, where I should suppose no such question can be agitated;

none which may not be discussed with temper and decency, such disorder

need not be apprehended. I should suppose there would be less clanger of

animosities and disorderly debates in Congress, amongst twelve hundred

members, than in the British Parliament, if it consisted but of one

hundred. Where we have all but one and the same great object in view,

the happiness of our country, (not the interests of a particular body of

men born with privileges insulting to the feelings and rights of

freemen, nor the whims of an individual, born to trample on his

fellow-creatures,) we can have no cause to be dissatisfied with one

another.

Surely, sir, unless these gentlemen suppose the members of Congress void

of sense, or of every idea of decency and propriety, they cannot suppose

that even five hundred members would not be easily restrained within the

bounds of order.

Mr. CLARK said, he did not rise to trouble the House with a lengthy

discourse, for he had always believed that long speeches answer no

valuable purpose. He meant only to offer a few remarks on what had been

said in opposition to his former observations, and he hoped that,

although the gentlemen contend for the ratio of 30,000 as the only basis

whereon to found the liberties of the people, he should not be

stigmatized with the name of an aristocrat for voting in favor of a

large ratio. Hitherto he had not borne that character, and he could not

suppose himself yet infected, unless he had caught the disorder since he

became a member of the present House. Much has been said about the

influence of the bank, and that bank directors are members of the House

of Representatives. The bank (said he) is public property, and therefore

he could not see the force of the gentleman's arguments respecting the

dangerous influence of that institution, unless it was that he was

displeased at the distribution of the shares, so much of the stock being

held at New York and to the eastward, and so little at Conococheague. In

the same predicament he viewed the other objections respecting the

influence of speculators; for he did not know that any members of the

House were speculators, neither could he see any danger from bribery.

In reply to Mr. FINDLAY'S observation, that more wisdom would be brought

into the House by increasing the ratio, he asked whether this would not

also bring in more folly? For the probability is, that the ratio of both

wisdom and folly will increase with the increase of numbers, and

likewise of honesty and dishonesty; and with respect to the smallness of

the district, or that it was safer for a small number to send a member

than a greater, he was of a different opinion, as he believed that if

ever the practice of bribery should come into play in America, it would

be easier for a Representative to purchase a small district than a large

one. If ever the liberties of the people are endangered, it will not be

by the smallness of the representation, but by the corruption of

electors and elections. This is the door which Congress should guard in

the strictest manner, and that will secure the people against corruption

in the House.

A gentleman from Georgia has observed, that the disposition of a great

many millions of dollars has been in the hands of a quorum of this

House, of whom it requires only seventeen to form a majority. On this

Mr. C. observed, that the old Congress, which was composed of a much

smaller number, were intrusted with the disposal of larger sums,

although there were sometimes only two members from the largest State,

Virginia, and no complaints were heard of their conduct.

But there is an argument which ought to have weight in the present

question. The Senate, although a much smaller body than this House, are

fully competent to judge of our proceedings, and of the safety of the

country. Indeed, (said Mr. C.,) it appears very evident to me that we

are not in want of a larger number in the House of Representatives to

debate any question, if it be considered how much has already been said

on the subject now before us.

Mr. VINING expressed much surprise that the subject, which to him

appeared perfectly definable, should have occasioned the debate to

travel so widely from the line marked out by the constitution. The

pendulum seems to vibrate between the numbers 81, 96, and 113; and

should that pendulum rest on any one of them in preference to the

others, he could not suppose that it would affect the liberties of

America. Why, therefore, all this extraneous argument about a point of

so easy decision? We are sent here to administer the Government, the

first principles of which are already fixed, so that neither branch can

encroach on the other. The Senate, the House of Representatives, the

President, have each defined powers; and whilst those remain, I shall

always believe the liberties of America are invulnerable.

Under this impression, Mr. Chairman, I shall vote for striking out

30,000, in order to accommodate the question to a medium. But I shall do

this on different principles from some other gentlemen; notwithstanding,

I at the same time confess that the ratification of the first amendment

to the constitution ought to govern us in deciding this question. The

spirit of the amendment appears to me clearly to imply that we should

not suffer the number of Representatives to exceed one for 30,000. I am

here, not as a person who shall exercise discretionary opinions, but

judge by the letter of the constitution. And in this case we may

increase the number, but we cannot make it less after the enumeration.

In the mean time, until that enumeration is complete, the representation

remains as it has been hitherto, which I believe may be about one member

to every 40,000 or 41,000.

If we go upon theory only, I would enlarge the representation to its

greatest extent, and hand down the principle to futurity, in letters of

gold, that a very great representation--that Democracy is the very best

Government that can possibly be devised, provided it were practicable to

give it stability. Next to a government as free as theory could extend,

we have the freest in the world--a Government of representation, which

will increase with the population of the country, and the ten new States

will always preserve an equilibrium; but if you increase it to an

extreme, you may render it tumultuous, although it may be safe.

I cannot, however, see the propriety of comparing this to the Government

of Great Britain, although that is called a Government of

Representation, consisting of two Houses of Parliament, one of which is

elective, the Lords are hereditary, and the King can do no wrong; and it

has hitherto been, I believe, the next best Government, after our own,

in the world. And yet we know with how much reluctance Ireland obtained

a participation of the trade and commerce of Great Britain; although a

FLOOD bellowed forth with the voice of liberty like a Demosthenes, still

nothing could induce the British Ministry to give way, until the

_volunteers_ effected it. And have we not the volunteers, sir, in this

country to protect our rights? Yes, sir, the American volunteers are

perfectly competent to this service.

I am under no apprehensions from the stockholders of the bank, or the

speculators in the funds; for it is their interest to have a wise and

good representation. The people who are employed in the more simple path

of agriculture, removed at a great distance, are not more interested in

the security of the Government than the more informed stockholder. As an

example of the discernment of the great commercial people of London and

Bristol, I need only mention their choice of a FOX and a BURKE, for

until a late day Mr. Burke was the champion of the people and the friend

of liberty.

If our Senate should take any unwarrantable stride towards aristocracy,

have we not the power to check them? No President can very well attempt

it at any time hereafter; and we are perfectly secure in the present

time from all suspicion of corruption.

Mr. HILLHOUSE said he had ever been a friend to a Republican form of

Government, and God forbid, that he should ever give his vote for any

measure that should endanger the liberties of his country. He was in

favor of an energetic government, as that alone can secure the blessings

of liberty. As to the dread of corruption in this House, which some

gentlemen appeared to entertain, he thought there was no foundation for

such an apprehension; at least as the idea refers to one or two hundred

Representatives--two hundred he contended, were as easily corrupted as

one. But the corruption contemplated was a mere matter of opinion; no

facts, he presumed, existed in this country to justify a positive

assertion; and as to foreign countries, it seems to be conceded that a

larger number than any that has been mentioned is susceptible of undue

influence. He then adverted to the restrictions on the President of the

United States, and the Senate, in respect to the means of corrupting the

Legislature. The constitution has also made provision to secure the

independence of the members, &c. He then urged some difficulties which

would be occasioned by a small ratio. He observed that the population of

some of the States is nearly stationary: if a small ratio is now

established, the consequence will be, when it is augmented, that the

representation of those States must be diminished. This would be a

measure that would be greatly disliked. With respect to the proposed

amendment, he thought it was entirely out of the question, till it was

ratified by three-fourths of the States. A very numerous representation

would tend to weaken, if not destroy the State Governments, and, in the

issue, would destroy the General Government. For, said he, they mutually

depend on each other for support.

Mr. KITCHELL was in favor of a numerous representation. He thought the

amendment proposed to the constitution ought to be the guide to the

House on this occasion. He did not draw his ideas of what should

constitute a proper representation, from the examples cited from foreign

countries; nor was he actuated by an apprehension of corruption, as more

applicable to a small number than to a large one; but when he considered

the various objects, views, denominations, professions, callings and

interests of the citizens of the United States, he was fully convinced

that a large representation was necessary to embrace the wishes and

answer the expectations of the people. He should, therefore, vote

against the motion for striking out thirty thousand.

Mr. GERRY took a general survey of the arguments against the proposed

ratio of one to thirty thousand. In noticing the objection from the

instability of the State Legislatures, he said it was not owing to their

numbers, but to the mode in which they are elected. Were the Senates and

Executives of the several States chosen as those of the General

Government, there would have been as much stability and consistency in

their transactions, as in those of the Government of the Union. A

gentleman had said that the proposed amendments to the constitution had

been adopted with reluctance by some of the States which had accepted

them. He called on the gentleman to produce his authorities for this

assertion. A relative proportion between the members of the House and

the Senate had been suggested; this idea had no foundation in the

constitution. And he further observed, that the constitution has so

completely guarded and secured the rights and independence of the

Senate, that he could not conceive of the apprehensions of gentlemen,

who appear to think that an increase of the members of this House will

overwhelm that branch of the Legislature. In all events, the privileges

of that body will remain the same. The States, it is said, have reduced

their Representative Assemblies. This, so far from being an argument

against the proposed ratio, was directly in favor of it. The diminution

of the State Legislatures has been occasioned by the idea which the

people entertain of the increasing importance of the General Government.

The objects of legislation to both Governments are nearly similar; they

relate to those important concerns which interest the feelings of every

citizen of the United States; all the difference lies in the magnitude

of their respective spheres of action. Hence, it must evidently be the

wish and expectation of the people, that their interests in every point

of view, should be fully and adequately represented in this House.

The resolution being again read, in the following words:

"_Resolved_, That the number of Representatives shall,

until the next enumeration, be one for thirty thousand."

The question was taken thereupon and agreed to by the House; yeas 35,

nays 23, as follows:

YEAS.--Abraham Baldwin, Egbert Benson, John Brown, William Findlay,

Thomas Fitzsimons, Elbridge Gerry, William B. Giles, James Gordon,

Andrew Gregg, Samuel Griffin, Daniel Heister, Daniel Huger, Israel

Jacobs, Aaron Kitchell, John W. Kittera, John Laurance, Amasa Learned,

Richard Bland Lee, James Madison, Andrew Moore, Frederick Augustus

Muhlenberg, William Vans Murray, John Page, Josiah Parker, Joshua Seney,

Upton Sheridine, Thomas Sumter, Peter Sylvester, Thomas Tredwell,

Thomas Tudor Tucker, Abraham Venable, Jeremiah Wadsworth, Anthony Wayne,

Alexander White, and Francis Willis.

NAYS.--Fisher Ames, John Baptist Ashe, Robert Barnwell, Elias Boudinot,

Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Nicholas Gilman,

Benjamin Goodhue, William Barry Grove, James Hillhouse, Samuel

Livermore, Nathaniel Macon, Nathaniel Niles, Theodore Sedgwick, Jeremiah

Smith, Israel Smith, William Smith, John Steele, Jonathan Sturges,

George Thatcher, John Vining, and Artemas Ward.

_Ordered_, That a bill or bills be brought in pursuant to the said

resolution; and that Mr. PAGE, Mr. MURRAY, and Mr. MACON do prepare and

bring in the same.

TUESDAY, November 22.

A memorial of the committee of the counties of Washington, Westmoreland,

Fayette, and Alleghany, in the State of Pennsylvania, was presented to

the House and read, stating their objections to an act, passed at the

last session, imposing a duty on spirits distilled within the United

States, and praying that the same may be repealed. Referred to the

Secretary of the Treasury for his information.

_Representative from Maryland._

The House resolved itself into a Committee of the whole House on the

report of the standing Committee of Elections, to whom was referred the

Letter from the Executive of the State of Maryland, containing the

resignation of WILLIAM PINKNEY, a member returned to serve in this House

for the said State; and also a certificate of the election of JOHN

FRANCIS MERCER, in the room of the said WILLIAM PINKNEY.

The law of the State of Maryland regulating elections being called for,

was produced and read; by which it appeared that the Governor and

Council of that State were authorized to fill up vacancies in the

representation of that State in Congress.

Some objections having been offered against accepting the report,

Mr. SENEY observed, that the case appeared to him to be so plain that he

was surprised to find gentlemen objecting to an acceptation of the

report of the committee. He then stated the whole process of the

business, in the resignation of Mr. PINKNEY and the election of Mr.

MERCER, in which the law of the State had been strictly adhered to. He

concluded by saying, that two cases in point had already occurred in the

State of Connecticut, and no difficulty respecting them had taken place

in the House.

Mr. GILES said, that he was a member of the select committee which had

made the report; and from an accurate attention to all the circumstances

of the case, he was led to think the report a very improper one. From

recurring to the constitution, he was of opinion that a resignation did

not constitute a vacancy. The constitution speaks only of vacancies in

general, and does not contemplate one as resulting from a resignation.

Adverting to the British House of Commons, he observed that in that body

there could be no resignation. This is an established principle. The

people having once chosen their representatives, their power ceases, and

consequently the body to which the resignation ought to be made no

longer exists. From the experience of the British Government in this

respect, he argued against a deviation from this rule. He showed from

the constitution, that the Executives of the States who are empowered to

fill vacancies, are not at all authorized to declare the existence of

such vacancies; for, if they are to judge in the case, the whole power

is invested in them of determining the whole business of vacancies--an

idea that materially and essentially affects the privileges of the

members of the House. He remarked that, even by the law of Maryland, the

requisite steps had not been pursued by the Executive of that State. He

concluded by saying that, if the principles he had advanced were just,

he hoped the report would not be accepted.

Mr. SMITH (S. C.) had had his doubts on the report; but on more mature

consideration he was convinced that on account of the inconvenience

which would result from rejecting it, and from other considerations, it

was proper to adopt it, but not without a full discussion. He then

stated some particulars to show that the vacancy which had occurred on

this occasion could not properly be called a resignation. Mr. PINKNEY

had never taken his seat, nor the requisite oath. He said that there was

no analogy between the Parliament of Great Britain and this House; the

mode of issuing the writs originally, and of filling up vacancies, is

essentially different. No part of the constitution prohibits a member

from resigning, and for convenience it ought to be concluded that he may

resign. The public interest may suffer extremely in cases of sickness or

embarrassments, which may prevent a member from attending. This argument

from the body's not existing to whom the resignation ought to be made,

will apply to the President of the United States, whose resignation is

expressly mentioned in the constitution. The objection urged from the

Executives of the States judging of vacancies, he conceived had no great

force, for Congress would finally judge in every case of election. It is

uncertain how the practice of the British Parliament originated.

_Blackstone_ says nothing of resignations. When a member wants to resign

in that Legislature, he gets appointed to some fictitious office which

disqualifies him from sitting in the House. He thought it best to

establish some precedent, rather than oblige members who may wish to

resign to have recourse to some familiar method, by accepting of some

appointment in the State which is incompatible with a seat.

Mr. MURRAY said he was in favor of accepting the report, both on account

of propriety and conveniency. Vacancies may happen from various

causes--by resignation, by death, or by expulsion--the Executive of the

State is the proper judge in the first case. He stated certain

differences between a resignation after a person has taken his seat, and

a resignation before that event. In the former case Congress will of

course give notice to the Executive of the State; in the latter, the

Executive alone can take cognizance of the resignation. He stated the

extreme inconveniency which would result from the ideas of the gentleman

from Virginia, as it would respect the State of Georgia. He then stated

several particulars to show that Mr. PINKNEY was not a member of the

House agreeably to the constitution, and therefore the House cannot

proceed with him as one. He said that we ought to be willing to derive

information from the experience of every country; but he conceived that

no precedents could be drawn that would apply in the present case from a

country which had none, to one which had a constitution that so clearly

defined and guarded the rights of the citizens. The custom which had

been mentioned as obtaining in that country, arose from a wish to

prevent a frequency of elections. From what had been offered by the

gentleman from South Carolina, and the ideas he had suggested, he hoped

the committee would be induced to accept the report.

Mr. WILLIAMSON said, that it appeared to him that the constitution

contemplates that a member may resign. He read the clause, which says

that no member of the Legislature shall accept of an office made _during

the time_ for which he was chosen--from hence he inferred that

resignations were clearly contemplated.

Mr. GERRY said that he had heard nothing to show that Mr. PINKNEY had

ever accepted of his appointment, and therefore it ought to have been

expressed that he had declined; but, granting he had resigned after

accepting his appointment, he asserted that nothing had been offered to

prove that resignations might not take place in one House as well as in

the other; and the constitution plainly expresses that a Senator may

resign. The House of Commons originated with the Kings, who formed that

body to control the Lords; and hence arose the prohibition against

resignations, as they would weaken the body, and the expense of a new

election would fall on the King. With respect to the Executive declaring

improper vacancies, he observed that Congress was invested with full

power to control the Executives of the States in respect to such

declarations.

Mr. SENEY observed upon a distinction made by Mr. GILES between a

resignation on the part of a Senator and a Member of the House, he

supposed a resignation in either would equally vacate a seat, and that

no difference did really exist.

Mr. SEDGWICK observed that, if a power of adjudication was vested in the

Executives of the States to determine on a vacancy in cases of

resignation, it would involve this consequence, that a power of judging

of vacancies in all possible cases would be the necessary result. He

thought the proposition involved the most serious effects with respect

to the privileges and independency of this House.

This subject was further discussed the next day, and ended in an

acceptation of the report of the committee, which was in favor of Mr.

MERCER's election.

MONDAY, December 5.

The House again resolved itself into a Committee of the whole House on

the bill making appropriations for the support of Government, for the

year one thousand seven hundred and ninety-two; and, after some time

spent therein,

_Ordered_, That the said bill, with amendments, be recommitted to Mr.

LAURANCE, Mr. BALDWIN, and Mr. ASHE.

The Speaker laid before the House a letter from the Secretary of the

Treasury, accompanying his report on the subject of manufactures, made

pursuant to an order of the House of the fifteenth of January, one

thousand seven hundred and ninety; which was read, and ordered to lie on

the table.

The Speaker laid before the House a letter from the Treasury of the

United States, accompanying his account of receipts and expenditures of

the public moneys between the first of July, and the thirtieth of

September, one thousand seven hundred and ninety-one; which were read

and ordered to lie on the table.

Mr. BENSON laid on the table a resolution for the appointment of a

committee to join a committee of the Senate, to consider and report the

most eligible manner of carrying into effect a former resolution of

Congress respecting the erection of an Equestrian Statue, in honor of

General WASHINGTON.

_Appropriation Bill._

The House then, pursuant to the order of the day, resolved itself into a

Committee of the Whole, and resumed the consideration of the

appropriation bill, Mr. MUHLENBERG in the chair.

In proceeding through the bill, the several items were separately

considered and agreed to. Some occasional remarks were made; but no

material debate took place. One amendment was proposed, by which the

bill is made to express the several purposes for which the moneys are

appropriated, instead of appropriating sums in gross, with a reference

to the Secretary's estimate, for particulars.

The committee having reported the bill and the amendment, the House

adopted the same, and recommitted the bill to the select committee, who

had originally framed it, with instructions to new-model it pursuant to

the sense of the House.

Mr. GERRY presented a resolution in lieu of one which he laid on the

table on Friday last, making it the duty of the Secretary of the

Treasury to report to the House, on the third Monday of every session,

an account of the receipts and expenditures of the public money

appropriated during the preceding session, so far as he shall then have

it in his power to state particulars; and if he be unable to give an

accurate statement of the whole, at the time appointed, he is to

complete it as soon afterwards as may be.

TUESDAY, December 6.

_Resolved_, That Mr. BENSON, Mr. GERRY, and Mr. SMITH, (of South

Carolina,) be appointed a committee on the part of this House, jointly,

with such committee as shall be appointed on the part of the Senate, to

consider and report to Congress the most eligible manner for carrying

into effect the resolution of the United States in Congress assembled,

of the seventh of August, 1783, directing that an Equestrian Statue of

General WASHINGTON should be erected.

MONDAY, December 12.

The following Message was received from the President of the United

States.

_Gentlemen of the Senate, and of the House of

Representatives:_

It is with great concern that I communicate to you the

information received from Major General St. Clair, of the

misfortune which has befallen the troops under his command.

Although the national loss is considerable, according to

the scale of the event, yet it may be repaired without

great difficulty, excepting as to the brave men who have

fallen on the occasion, and who are a subject of public as

well as private regret.

A farther communication will shortly be made of all such

matters as shall be necessary to enable the Legislature to

judge of the future measures which it may be proper to

pursue.

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