Chapter M: X. again called upon us. He said M. Talleyrand was (14)

The House of Representatives having received information of the death of Major General THOMAS HARTLEY, one of its members, who has represented the State of Pennsylvania, in that branch of the National Legislature, from the commencement of the Government until his death, do, therefore, unanimously, _Resolve_, That the members testify their respect for the memory of the said THOMAS HARTLEY, by wearing a crape on the left arm, for one month.

_Resolved_, That the SPEAKER address a letter to the Executive of Pennsylvania, to inform him of the death of THOMAS HARTLEY, late a member of this House, in order that measures may be taken to supply the vacancy occasioned thereby.

_Mausoleum to Washington._

An engrossed bill concerning GEORGE WASHINGTON was read the third time; and, on the question that the same do pass,

Mr. DAWSON moved to recommit it. Lost--ayes 39, noes 44.

Mr. RANDOLPH moved to refer the bill to a select committee. Lost--ayes 32.

Mr. SPAIGHT and Mr. DAVIS then assigned their reasons for voting against the bill.

The question was then taken on the passing of the bill, and it was resolved in the affirmative--yeas 45, nays 37, as follows:

YEAS.--Bailey Bartlett, John Brown, Christopher G.
Champlin, William Cooper, William Craik, John Davenport,
Franklin Davenport, John Dennis, George Dent, Joseph
Dickson, Thomas Evans, Abiel Foster, Jonathan Freeman,
Henry Glenn, Samuel Goode, Chauncey Goodrich, Elizur
Goodrich, Roger Griswold, William Barry Grove, Robert
Goodloe Harper, Archibald Henderson, William H. Hill,
Benjamin Huger, James H. Imlay, John Wilkes Kittera, Henry
Lee, Silas Lee, Lewis R. Morris, Abraham Nott, Harrison G.
Otis, Thomas Pinckney, Jonas Platt, Leven Powell, John
Read, Nathan Read, John Rutledge, jr., John C. Smith, James
Sheafe, Samuel Tenney, George Thatcher, John Chew Thomas,
Richard Thomas, Peleg Wadsworth, Lemuel Williams, and Henry
Woods.

NAYS.--Willis Alston, Theodorus Bailey, Phanuel Bishop,
Robert Brown, Gabriel Christie, Matthew Clay, William C. C.
Claiborne, John Condit, Thos. T. Davis, John Dawson, Joseph
Eggleston, Lucas Elmendorph, Edwin Gray, Andrew Gregg, John
A. Hanna, David Holmes, George Jackson, Aaron Kitchell,
Michael Leib, James Linn, Nathaniel Macon, Peter
Muhlenberg, Anthony New, John Nicholas, John Randolph, John
Smilie, John Smith, Richard Dobbs Spaight, Richard
Stanford, Thomas Sumter, Benjamin Taliaferro, John
Thompson, Abram Trigg, John Trigg, Philip Van Cortlandt,
Joseph B. Varnum, and Robert Williams.

_Resolved_, That the title of the said bill be "An act to erect a Mausoleum for GEORGE WASHINGTON;" and that the Clerk of this House do carry the same to the Senate, and desire their concurrence.

FRIDAY, January 2.

Another member, to wit, JAMES A. BAYARD, from Delaware, appeared, and took his seat in the House.

On motion of Mr. GRISWOLD the House went into a Committee of the Whole on the Judiciary bill; the House dividing--yeas 44, nays 33.

The bill was read through, when the committee reported progress, and asked and obtained leave to sit again.

_Sedition Law._

The House proceeded to consider the report of the Committee of Revisal and Unfinished Business, made the thirty-first ultimo, which lay on the table, and the same being again read, in the words following, to wit:

"The Committee of Revisal and Unfinished Business further
report, in part:

"That, on examining the statutes of the United States, they
find that the act, entitled 'An act in addition to the act,
entitled "An act for the punishment of certain crimes
against the United States,"' passed the fourteenth day of
July, one thousand seven hundred and ninety-eight, will
expire on the third day of March, one thousand eight
hundred and one.

"And the said committee report their opinion, that the
above-mentioned act ought to be continued; and, therefore,
recommend the following resolution:

"_Resolved_, That the Committee of Revisal and Unfinished
Business be authorized to report a bill for continuing the
act, entitled 'An act in addition to the act, entitled "An
act for the punishment of certain crimes against the United
States,"' passed the fourteenth day of July, one thousand
seven hundred and ninety-eight."

It was moved and seconded that the said report be committed to a Committee of the whole House. And the question being taken thereupon, it was resolved in the affirmative--yeas 47, nays 33.

_Ordered_, That the said report be committed to a Committee of the whole House on Tuesday next.

MONDAY, January 26.

Several other members, to wit: from Kentucky, JOHN FOWLER; from Virginia, SAMUEL J. CABELL; and from New York, EDWARD LIVINGSTON, appeared, and took their seats in the House.

THURSDAY, January 29.

_Rules for Electing President when no Election by Electors._

The following resolution, proposed by Mr. RUTLEDGE, was presented to the House, which, being read, was ordered to lie on the table.

"_Resolved_, That a committee be appointed to prepare and
report such rules as, in their opinion, are proper to be
adopted by this House, to be observed in the election of a
President of the United States, whose term is to commence
on the fourth day of March next, provided the Electors
appointed under the authority of the States have not
elected a President for that term."

FRIDAY, January 30.

_Election of President when the two highest on the List voted for have an equal number of Votes._

Mr. BAYARD submitted the following resolution, to wit:

_Resolved_, That, in the event of its appearing upon the
counting and ascertaining of the votes given for President
and Vice President, according to the mode prescribed by the
constitution, that an equal number of votes have been
given for two persons, that as soon as the same shall have
been duly declared and entered on the journals of this
House, that the Speaker, accompanied by the members of the
House, shall return to this Chamber, and shall immediately
proceed to choose one of the two candidates for President;
and in case, upon the first ballot, there shall not appear
to be a majority of the States in favor of one of the
candidates, in such case the House shall continue to ballot
for President, without interruption by other business,
until it shall appear that a President is duly chosen; and,
if no such choice should be made upon the first day, the
House shall continue to ballot from day to day, till a
choice shall be duly made.

_Ordered_, That the consideration of the said motion be postponed until Monday next.

MONDAY, February 2.

A new member, to wit, EBENEZER MATTOON, returned to serve as a member of this House for the State of Massachusetts, in the room of Samuel Lyman, who has resigned his seat, appeared, produced his credentials, was qualified, and took his seat in the House.

_Election of President._

A motion being made and seconded that the House do come to the following resolution, to wit:

_Resolved_, That a committee be appointed to prepare and
report such rules, as, in their opinion, are proper to be
adopted by this House, to be observed in the choice of a
President of the United States, whose term is to commence
on the fourth day of March next, if, when the votes which
have been given by the electors appointed under the
authority of the States shall have been counted, as
prescribed by the constitution, it shall appear that no
person for whom the electors shall have voted, has a
majority, or that more than one person, having such
majority, have an equal number of votes:

_Ordered_, That Mr. RUTLEDGE, Mr. NICHOLAS, Mr. GRISWOLD, Mr. MACON, Mr. BAYARD, Mr. TALIAFERRO, Mr. FOSTER, Mr. CLAIBORNE, Mr. OTIS, Mr. DAVIS, Mr. MORRIS, Mr. CHAMPLIN, Mr. BAER, Mr. COOPER, Mr. LINN, and Mr. WOODS, be appointed a committee, pursuant to the said resolution.

_Ordered_, That the motion made on Friday last relative to the mode of commencing and continuing the ballot for the choice of a President of the United States, be referred to the committee last appointed.

_District of Columbia._

The House then went into Committee of the Whole on the bill for the government of the District of Columbia. While the question was being taken for the House to resolve itself into a committee, Mr. SMILIE rose and moved the postponement of this order till the third day of March next. He made this motion, he said, in order to try the sense of the House, whether they were determined to assume the jurisdiction or not. He hoped it would not, and was proceeding to show his reasons, when

The SPEAKER reminded him of the order of the House. He could not be permitted to discuss the merits of the bill under this motion.

Mr. SMILIE conceived the question to affect the bill generally, and simply to be, whether the House would agree to disfranchise some thousands of persons of their political rights, which they now enjoyed. If this was not considered an object of importance enough to command attention, he must confess other gentlemen saw it in a very different light from that in which he viewed it. By the passage of this bill, the people of the district would be reduced to the state of subjects, and deprived of their political rights, and he very much doubted whether not of their civil rights also. If, indeed, there was such an imperious necessity of assuming the jurisdiction, of which he was by no means convinced, then it must be done; but, if that great and immediate necessity did not exist, why should this privation of rights take place? If it was necessary to reduce the City of Washington to a state of local government by an incorporation, he contended that act could be done by the State Legislature; as he did not conceive the local demands of the people called for it, as they could want no such assumption as the bill contemplated, and as he could perceive no advantage to be derived to the General Government thereby, and as the assumption would eventually injure the people, he trusted it would be postponed, at least.

Mr. RUTLEDGE said, he had always uniformly opposed any motion for postponing a bill, the consideration of which the House had not gone into. Although it might be in order, it could not be perfectly fair, from various considerations; if, however, it were only from its tendency to preclude the investigation of the bill, it were sufficient. The gentleman had stated it not to be necessary. Who are to judge? Most assuredly the people belonging to the Territory. And what have they said? Why, sir, they have prayed the House to assume the jurisdiction. From this petition the subject was referred to a committee, and this committee have reported a bill, and a bill well discussed and well matured in its detail. To refuse this bill from a diversity of sentiment, would be to insult the committee, and to insult the people of the Territory. If the gentleman wishes to please the people, why does he not suffer the consideration of the bill to proceed, and afford his aid in making it what he supposes their desires would concur in? Perhaps the gentleman has not read the bill. Mr. R. said, if he had not, how was he to know whether it was good or bad? Something must be done. He wished to get at that something, but was precluded by the motion. It certainly became the gentleman to show how this bill would operate injuriously upon the people, as a reason for his motion. Disfranchisement, to be sure, had been mentioned as the result of this bill; but how was the House to know that would be its tendency, except by going into its investigation?

Mr. CRAIK, also, considered this order of the House as the most unfair one among the rules of the House. However, it must be permitted while the order continued. The gentleman had said the people were in a state of vassalage; how was this declaration to be refuted, if the order of the House forbade the investigation into the application of this bill to the liberties of the people? The gentleman further said, that the people did not desire this assumption of jurisdiction. Were he, Mr. C. said, to give an opinion upon the subject, it would be drawn from the same source with that expressed by the gentleman, but of a very different import. He should say, as far as his knowledge of their sentiments extended, and he professed to be pretty well acquainted with their ideas upon this subject, that their feelings, their interests, and their desires conspired to encourage the assumption, and to prevent the postponement of the subject. As the immediate representative of a large proportion of them, he could say that much uncertainty and disquiet convulsed the minds of many good and wise men among them; that their present uncertainty was truly deplorable; that serious doubts existed with judicious men how far the grants and acceptance of lands, or of their papers, afforded them security for value received; doubts existed, in all their acts of negotiation, whether their respective State laws held any government over them? And this state of insecurity as to their property, could not fail to have an injurious effect. They doubted whether all other jurisdiction did not immediately cease, upon the removal of Congress to the District; and should Congress break up without assuming the jurisdiction, and taking other suitable measures to fix the Government, it would not fail to paralyze every exertion and effort toward a successful establishment. No man at present can assure himself of the right by which he holds his property, or remove his apprehensions. They now called loudly upon the National Government to remove from them this state of doubt and uncertainty; this is the object of the bill before the House; by this bill, a variety of inconveniences are removed, and the Government use their effort to make their situation at least more certain; and, he had no doubt, more safe and desirable. This it was incumbent on the Government to do; and this, he trusted, a majority of the House would be disposed to do soon. If the objects or provisions of the bill did not meet that gentleman's desires, he wished an opportunity to hear the objections, to enable him, as far as in his power, to remove them.

Mr. SMILIE was proceeding to show that, at any rate, such a bill as the present ought not to pass, when

The SPEAKER interrupted him, saying that any arguments that went to show that the third day of March was a more proper time than the present for this bill to pass would only be in order.

Mr. SMILIE continued to show the impropriety of the bill, and the inevitable injuries that must be sustained by it, when he was again reminded of the question of order.

Mr. S. proceeded: that it might be the wish of some of the people, he would not say; but he denied that such a wish had been expressed, and therefore it ought not to be considered as correct. As to the question of doubt on the minds of the people, whether or not they held their property secure, not being certain of the existence of their former State laws, he referred to the acts of cession, passed by the States of Maryland and Virginia respectively, the words of which were, that the laws remained in force "until Congress shall by law otherwise provide." Under this express provision, the cession was made by the two States; and by this provision the Government of the United States accepted the grant of the ten miles square. And, therefore, until Congress by law should accept of the jurisdiction and nullify the laws of those States over the District, there could be no doubt but they remained in full force, and property was held as secure under those laws as ever. As he had before observed, he contended that an act of incorporation could be obtained for the city of Washington without this bill. From all these grounds, he believed the bill to be at present unnecessary.

Mr. H. LEE did not wonder at this opposition, considering the quarter from whence it came; perhaps, he said, if he had come from Pennsylvania, the idea of losing the General Government might instigate him to wish to give the stabbing blow to every act which should go to the establishing of that Government in another place. But, he trusted, as these local reasons could not influence gentlemen from other States, they would not concur in his arguments. He trusted other gentlemen would lay to their hands and join to make this District a settled Government, and go into the examination of the principles proposed to accomplish that measure. He hoped not merely words of kindness escaping from the lips of gentlemen, would be deemed by them sufficient, but that their efforts would be used to produce a well-digested and valuable government, for the security of their civil and political rights.

With respect to the act of cession, he contended that the solemn injunctions of the constitution were detailed in words upon which the most critical could not find wherewith to hang a doubt. There the Congress of the United States were enjoined to "exercise exclusive jurisdiction." When was this jurisdiction to commence but at the period when the General Government should occupy it? Was not, then, this spot become the permanent seat of the Government of the Union? Were not the different departments, Executive, Legislative, and Judicial, assembled, according to the constitution, in this District? How, then, could the respective States of Virginia and Maryland a moment longer possess the jurisdiction? It was completely done away, and nothing was now wanting to remove the miserable state of suspense the people now felt, but the declaration of the Government that this was the case; that moment would all their fears be appeased. As a friend to those people, then, as much as that gentleman could be, he hoped an opportunity would be given to examine the bill, not doubting but it would be made to meet the wishes, as he was assured it would be the interest of the people to be governed by it.

Mr. MACON said the motion was perfectly in order, and explained some of the cases for which it was established, as a rule of the House. As to the jurisdiction being assumed by the removal of Congress here, as the gentleman last up had said, were that the case, not only by this bill would it be assumed, but the acts of the two States must have ceased from the day Congress first sat here; a deduction by no means supported. The only evidence the House had of the desire of the people to come specially under the National Government, was a petition from Alexandria, except that the gentleman from the District had learned so among his friends. But did that express the will or wishes of the inhabitants of the surrounding country.

As he believed the laws of the States to be in full force; as he believed they would remain so until otherwise enacted by Congress, and as postponing the bill till the third of March would afford the people a large time to reflect on the subject, and express their will more generally, he hoped the postponement would take place. He would remind the House that this measure once taken, could not be undone; and, therefore, prudence would dictate that time should be taken to do it well. The act could not be repealed without amending the constitution. If the gentleman only calculated upon an opposition from Pennsylvania, he was mistaken. Mr. M. presumed that he could not be supposed to have local attachments, residing very far from the former, or the present seat of Government; he was, notwithstanding, opposed to taking up this subject at present, and even during the present session. The delay of acceptance could not displease the inhabitants, if they were satisfied as to the present jurisdiction, which did not, in his opinion, admit of a doubt. It was impossible that the postponement could be attended with any inconvenience; they had been in the same situation for ten years, and wherein could be the inconvenience of their remaining so? Nay, there must be advantages in their usages and customs being continued to them. He wished this matter to be postponed till another session.

Mr. BIRD never could suppose that the members of the Legislature would be satisfied with their removal from a place of accommodation to a wilderness, and with subjecting themselves to the inconveniences of this place, without exercising all the powers intrusted to them, and taking the jurisdiction to the Government, the members and subordinates of which were to subject themselves to the code of laws under which they should place themselves. A motion, therefore, to continue the jurisdiction out of the hands of the Government, much surprised him. All the arguments used by the gentleman in favor of a postponement, would operate fully to the entire abandonment of the subject; and did he suppose that all the expense attending the removal of the whole Government, all the inconvenience experienced, would be, or ought to be, borne without the enjoyment of that constitutional right, nay, injunction, of "exclusive legislation?" What could have been the reason why Congress was to assume this exclusive legislation? Did not the members of the convention know that a great quantity of public treasure would be drawn together into this place? Did they not suppose it of importance to secure the privileges and rights of foreign ministers, who would necessarily be brought to reside in this District? Did they not consider the number of persons attached to the Government worthy of the special regard of the national Legislature? Could any gentleman conceive that these were not too great powers to be intrusted to any State whatever? Else why was the provision for exclusive jurisdiction made? To avoid putting those powers into execution, he firmly believed, would be omitting a great and important duty. But, were it not for the words of the constitution, the words of the acts of cession made by the States were as ample upon the subject as one sovereign power in the act of granting, and another sovereign power in the act of receiving a cession, could make. This was precisely the case; the two States made a full and complete cession of the jurisdiction to the General Government, upon the terms of the constitution, which were to "exercise exclusive legislation, in all cases whatever, over such District," which had, by the cession of those particular States, and the acceptance of Congress, become the seat of the Government of the United States. How, he would ask gentlemen, could this be granted, and yet retained? It was absurd to suppose a man could grant a piece of land, and by the same instrument retain it.

But suppose this was a doubtful subject, whether or not the laws of the two States were in force in the District; would the gentleman still wish to leave it in doubt? Surely no new laws could be made by those States to affect this district, actually made the seat of Government, and he contended that none of the laws whatever did exist here, and that the power of the civil officers actually had ceased; it therefore required no painting to show that the state of the place was truly deplorable. Would the gentleman yet wish to leave the District without laws, and merely lest it should take away their suffrage? That the people could not be represented in the General Government, Mr. B. admitted. But where was the blame, if any could attach? Certainly not to the men who made the act of cession; not to those who accepted it. It was to the men who framed the constitutional provision, who peculiarly set apart this as a District under the national safeguard and Government. But, he contended, there was no injury sustained. What less compensation than the particular legislation of this District could be required for the removal of the Government, whereby in these almost uninhabited woods the beginnings of a rich and prosperous city was commenced, and made the capital of the United States?

The motion for postponement was withdrawn without a question being taken, and the House resolved itself into a Committee of the Whole on the bill. Mr. SMILIE moved to strike out the first section of the bill.

Mr. SMILIE said he would willingly give the reasons which prompted him to make the motion, and he hoped the gentleman would as freely make his reply. If it could be proved to him that the rights of these people could be reserved by the passage of the bill, it would give him pleasure, but, believing it to be impossible, he wished to destroy the bill. It could not be denied but that the people of this District were precisely in the same situation at present which they always had been, and subject to the same laws, but would it be so when the Government once accepted the cession? It would not. Not a man in the District would be represented in the Government, whereas every man who contributed to the support of a government ought to be represented in it, otherwise his natural rights were subverted, and he left, not a citizen, but a subject. This was one right the bill deprived these people of, and he had always been taught to believe it was a very serious and important one. It was a right which this country, when under subjection to Great Britain, thought worth making a resolute struggle for, and evinced a determination to perish rather than not enjoy.

Another, and an important right, of which those people were about to be deprived, was, that their Judges and their Governor were not to be the choice of themselves, but of the President. The privilege of a local Legislature might be given to the people, but of what avail could they be if the Governor appointed by the President could deprive them of every act they might make by his negative? Where was their security if the acts of these Representatives of the people could be to-morrow revoked by a power deriving authority from elsewhere? Much as gentlemen might talk about dignity of government, nothing, he thought, would more comport with true dignity than liberty, and without it dignity of government was not worth a name. It surely must be disagreeable for the Government to be in the midst of a people who are deprived of their rights, and what insecurity there ever had been, or ever would be, to the Government, from its residence under the laws of the States, he could not conceive. He had never known of any. If he could be convinced that the people would not be deprived of these rights, among others, he would agree to some such bill as this.

Mr. DENNIS acknowledged that had he the same impressions as the member who had just sat down, he would not hesitate for a moment to believe that liberty had been forced to yield to a reign of absolute slavery. But from a consideration of the interests of the people, of the dignity of the Government, and of the seat of the Congress, together with the reflections of the gentleman who had just resumed his seat, he felt himself called upon to make some observations by way of an answer.

As to the interests of the people, could it for a moment be doubted that a local government, a judiciary, and a legislature, would be highly advantageous? Could any man doubt but it would be more convenient and advantageous for the inhabitants to attend the courts in this place than to be taken away to Richmond or to Annapolis? It had been always an approved privilege that justice should be brought home to every man's door, and where could it be more so than by the establishment of a judiciary, especially for this District? Nor were the advantages less, he contended, in the legislative department. If a ready communication with their representatives was desirable to the people, by the residence and sitting of the representatives of this District being within itself, the communication was easy, and the rights of the people in their local concerns more attainable, surely, than though they had to go to Richmond or to Annapolis. But, taking a more comprehensive view of the subject, Mr. D. asked if the general interests of the District would not be more secured by persons immediately acquainted and concerned, than by persons of different States, and at a distance from the place? One or two representatives to each legislature would be the utmost that the District could send, and these placed among men of different interests, what could be expected compared to a body such as is prescribed by this bill, drawn from among the people themselves? In these legislatures, the numerous local circumstances which must call for attention in a newly planted and rapidly growing capital, never can receive due attention. Every person must know that a great proportion of business must arise from a commercial city. From observation he could say that about one-third of the business of the Legislature of Maryland usually arose from Baltimore alone. As this city, therefore, grew in population and in trade, the demand for legislative attention would increase, and either its interests must be neglected, or the sitting of the State legislatures must be protracted too far. Besides this, experience must have taught gentlemen that numerous bodies could not so well attend to the minute advantages of a place like this as small bodies, and particularly such as well knew its situation and circumstances.

It had been said that these people were happy. Mr. D. admitted it; but a change of circumstances made an inevitable difference, and required a different mode of legislating. This District of the General Government, being a part of two States, must require an alteration from its former government. Surely the organization of a local body must be more advantageous than any modifications which could be made by those two Legislatures. So far from a rule of despotism then being over these people, he thought the passing of this bill would much increase their prosperity. It was said that, by the assumption of the jurisdiction, these people would ask how much they were heretofore represented in the two Legislatures to which they sent delegates. They were so in name, but very little in essence, from the comparatively small number they could send to the Legislatures. But the arguments went as much against the assumption at any future time as at present. That it would be some time taken up there could be no doubt. It ought therefore to be recollected, that if it would ever be proper, a period more unfavorable to the interests of the people might be selected than the present, and therefore the present moment ought to be accepted, and especially so, as he believed the people were desirous of it, and were satisfied with the features of the bill. From their contiguity to, and residence among the members of the General Government, they knew, that though they might not be represented in the national body, their voice would be heard. But if it should be necessary, the constitution might be so altered as to give them a delegate to the General Legislature when their numbers should become sufficient. Upon the whole, he could see no measures which would more immediately promote the interests of the people of this district, and give stability to their minds, and to their concerns with each other, than the present bill and, therefore, he hoped the section would remain.

Mr. MACON said, he could see no such immediate necessity for this law. A gentleman had told the committee it was necessary because the States did not pay regard to it. Mr. M. supposed the same attention was paid to this district as usual, and the same as was paid to any other particular part. He believed their political and local rights were as perfectly secure without this bill as any other part of those States, and if the object of gentlemen was to make it better or worse, he should be opposed to it. Before the least change from their former situation, some inconveniences ought to be mentioned under which they labored, and this had not been done, more than mere conjecture and surmises had engendered. Most assuredly there ought to be some good ground for this assumption, because it was not merely a common act of the Legislature, which could be repealed or amended as soon as passed. It was an act of a nature that could not be essentially altered without an alteration in the constitution, because if the assumption was once accepted, it could not be parted with.

It would be so far from advantageous to the city of Washington, Mr. M. said, that it must essentially injure it. On one side of the water was Alexandria, a populous town; on the other side was Georgetown. Would not these two give to the legislature a majority? And if so, a more palpable evil could not be put upon the city than by putting it in with more numerous towns whose interests would ever be opposed to the growth of the city. There would inevitably be an Alexandria interest, a Georgetown interest, and a city interest, and those struggling with each other.

It was said to be inconvenient to be represented at a distance, from the want of an easy communication. How could this be? What was more easy than for letters and instructions to be sent by post? The communication was easy from all parts of the United States to Congress, and could be equally so to any place where the post goes. There could be no doubt but the States would pay as much attention to the interests of this District, if it continued under their jurisdiction, as ever had been done, and more: by not suffering it to endure any injury which it could prevent, Congress should immediately take the jurisdiction. The language and meaning of gentlemen could be well understood. Gentlemen were called to support the measure with energy, while they had strength. No doubt this was the principal ground of their endeavors to push the measure, although the Legislature had but just met here, and there had been scarce time to know what would be the proper regulations to adopt. But he wished to remind them, that although the law might be passed, the time would not be far off when his friends would be in the minority, and some considerable alterations might be made in it.

Mr. M. then proceeded to the details of the bill. He disliked the establishment of a government, the executive and judiciary of which were in the appointment of the President of the United States, the former for three years and the latter during good behavior: and these, both governor and judges of the superior and inferior courts, to be paid out of the Treasury of the United States. Could it be the wish of the gentleman, he asked, to establish in the very heart of the United States, and immediately under the eye of the Government, such a principle as that these rulers should be independent and entirely above the control of the people? He declared that if he should be in Congress again, and as long as he ever should be in the House, he should constantly make it his duty to exert himself for the repeal of so bad a principle, and leave the governor, the judges, and the Legislature, immediately amenable to the people. Another thing he should also be ever opposed to, was the manner of this House of Representatives and Senate being chosen, and the time of their continuance. Why should they be elected here for two years, when in all the State Legislatures, he believed they were chosen annually, except two, in one of which they were elected every six months, and in the other, every two years. A greater absurdity still was evinced in the time for which, and the manner how the Senators were chosen--six years, and by electors. Although in these things there was a similarity to the choice of the General Government, he would ask what similarity there could be in the two Governments? In the one there is a vast extent of country and a numerous population; in the other, a small population, a small tract of country, and an almost general knowledge by every one of every individual in it. He doubted whether the Legislature of the Union could at all delegate powers to this local government; but whether or not, he could see no kind of necessity during the present session to assume them. The Government would go on as well as before, and he had no doubt the city would continue in that rapid state of prosperity gentlemen had witnessed since they arrived here.

The committee rose without taking a question, and had leave to sit again.

TUESDAY, February 3.

A new member, to wit, JOHN STEWART, returned to serve as a member of this House for the State of Pennsylvania, in the room of Thomas Hartley, deceased, appeared, produced his credentials, was qualified, and took his seat in the House.

_District of Columbia._

The House resolved itself into a Committee of the Whole on the bill for the government of the District of Columbia, when the question was taken on the motion made yesterday, for striking out the first section, and negatived, ten members only rising for it.

Mr. GREGG then proposed an amendment to the first section, the object of which was to make the election of representatives annual, instead of biennial as contemplated by the bill. This motion brought on a lengthy discussion, being supported by Messrs. J. SMITH, CLAIBORNE, NICHOLAS, GALLATIN, and MACON; and opposed by Messrs. CRAIK, HARPER, BAYARD, H. LEE, THOMAS, and DENNIS. On the question for agreeing to the motion, it was determined in the negative--48 voting for it and 50 against it.

A motion was then made by Mr. CLAIBORNE, so to amend the first section as to extend the privilege of voting to persons who are not freeholders; that privilege being confined by the bill to freeholders exclusively. This motion brought on a short debate, in which Messrs. KITCHELL, NICHOLSON, SMITH, MACON, TAZEWELL, and NICHOLAS supported the motion, and Messrs. HARPER, CRAIK, DENNIS, and GALLATIN, opposed it. On the question that the House do agree to the motion, it was determined in the negative, there being 48 votes for, and 50 against it.

WEDNESDAY, February 4.

_District of Columbia._

The House resolved itself into a Committee of the Whole on the bill for the government of the District of Columbia.

A motion was made by Mr. GALLATIN to amend the first section of the bill, so as to extend the privilege of voting for representatives to persons other than freeholders, who are possessed of property in the District to the value of eighty dollars.

Mr. HARPER proposed an amendment to the foregoing amendment, that a citizen, not being a freeholder, in order to qualify him as an elector, must be a housekeeper, and possessed of property of the value of one hundred dollars, to be ascertained by the record of the last assessment next preceding the period of offering his vote.

Mr. GALLATIN'S amendment was withdrawn, and Mr. HARPER'S, which, though offered as an amendment, was a complete substitute for it, was adopted.

Mr. CLAIBORNE proposed as an amendment to this same section, to reduce the term of a Senator continuing in office from six to three years.

The motion was negatived.

Mr. TAZEWELL moved to strike out the Senate altogether, on the ground that Congress, having the revision of all laws that may be passed for the territory, and the power of rejecting such as they did not approve, would be a sufficient check on the Representatives without a Senate.

This motion was negatived.

Mr. MACON moved as an amendment, that the Senators should be elected immediately by the people, and not by electors, as proposed by the bill.

This motion was also lost.

A motion was made by Mr. NICHOLSON, that the electors should not be permitted to choose themselves as Senators.

This motion was adopted.

The committee rose, reported progress, and asked leave to sit again.

FRIDAY, February 6.

A new member, to wit, LEVI LINCOLN, returned to serve in this House as a member from Massachusetts, in the room of Dwight Foster, elected a Senator of the United States, appeared, produced his credentials, and took his seat in the House.

_Rules for Election of President._

Mr. RUTLEDGE, from the committee appointed, on the second instant, to prepare and report such rules as, in their opinion, are proper to be adopted by this House to be observed in the choice of a President of the United States, made a report; which was read.

[See _post_, Monday 9th, as amended.]

MONDAY, February 9.

_Ordered_, That the Committee of Claims, to whom was referred, on the thirtieth ultimo, the memorial of sundry clerks employed in the different departments, be discharged from the further consideration thereof, and that the same be referred to the Committee of Revisal and Unfinished Business.

Mr. RUTLEDGE, from the committee appointed on the part of this House, jointly, with the committee on the part of the Senate, to ascertain and report a mode of examining the votes given for President and Vice President of the United States; of notifying the persons elected of their election, and the time, place, and manner of administering the oath of office to the President, reported that the committee had taken the subject referred to them under consideration, but had come to no agreement thereupon.

A message from the Senate, informed the House that the Senate would be ready to receive the House in the Senate Chamber, on Wednesday next, at twelve o'clock, for the purpose of being present at the opening and counting of the votes for President of the United States; and that the Senate have appointed a teller on their part, to make a list of the votes for President of the United States as they shall be declared.

_Rules for Election of President._

The House proceeded to consider the report made on Friday last, from the committee appointed to prepare and report rules proper to be observed in the choice of a President of the United States: Whereupon,

_Ordered_, That the said report be committed to a Committee of the whole House immediately.

The House, accordingly, resolved itself into a Committee of the Whole on the said report; and, after some time spent therein, the Chairman reported that the committee had had the said report under consideration, and directed him to report to the House their agreement to the same, with an amendment; which he delivered in at the Clerk's table, where the same was read. The House then proceeded to consider the report: Whereupon, the amendment reported from the Committee of the whole House to the said report, was, on the question put thereupon, agreed to by the House.

A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fourth rule contained in the said report, in the words following, to wit:

"4th. After commencing the balloting for President, the
House shall not adjourn until a choice is made:"

And, the question being taken thereupon, it passed in the negative--yeas 47, nays 53.

A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fifth rule contained in the said report, in the words following, to wit:

"5th. The doors of the House shall be closed during the
balloting, except against the officers of the House:"

And, the question being taken thereupon, it passed in the negative--yeas 45, nays 54.

_Resolved_, That this House doth agree with the Committee of the whole House in their agreement to the said report, as amended, in the words following, to wit:

"That the following rules be observed in the choice by the
House of Representatives of a President of the United
States, whose term is to commence on the fourth day of
March next.

"1st. In the event of its appearing, upon the counting and
ascertaining of the votes given for President and Vice
President, according to the mode prescribed by the
constitution, that no person has a constitutional majority,
and the same shall have been duly declared and entered on
the journals of this House, the Speaker, accompanied by the
members of the House, shall return to their Chamber.

"2d. Seats shall be provided in this House for the
President and members of the Senate; and notification of
the same shall be made to the Senate.

"3d. The House, on their return from the Senate Chamber, it
being ascertained that the constitutional number of States
were present, shall immediately proceed to choose one of
the persons from whom the choice is to be made for
President; and in case upon the first ballot there shall
not appear to be a majority of the States in favor of one
of them, in such case the House shall continue to ballot
for a President, without interruption by other business,
until it shall appear that a President is duly chosen.

"4th. After commencing the balloting for President, the
House shall not adjourn until a choice be made.

"5th. The doors of the House shall be closed during the
balloting, except against the officers of the House.

"6th. In balloting, the following mode shall be observed,
to wit: The representatives of the respective States shall
be so seated that the delegation of each State shall be
together. The representatives of each State shall, in the
first instance, ballot among themselves, in order to
ascertain the votes of the State; and it shall be allowed,
where deemed necessary by the delegation, to name one or
more persons of the representation, to be tellers of the
ballots. After the vote of each State is ascertained,
duplicates thereof shall be made; and in case the vote of
the State be for one person, then the name of that person
shall be written on each of the duplicates; and in case the
ballots of the State be equally divided, then the word
"_divided_" shall be written on each duplicate, and the
said duplicates shall be deposited in manner hereafter
prescribed, in boxes to be provided. That, for the
conveniently taking the ballots of the several
representatives of the respective States, there be sixteen
ballot boxes provided; and that there be, additionally, two
boxes provided for the purpose of receiving the votes of
the States; that after the delegation of each State shall
have ascertained the vote of the State, the
Sergeant-at-Arms shall carry to the respective delegations
the two ballot boxes, and the delegation of each State, in
the presence and subject to the examination of all the
members of the delegation, shall deposit a duplicate of the
vote of the State in each ballot box; and where there is
more than one representative of a State, the duplicates
shall not both be deposited by the same person. When the
votes of the States are all thus taken in, the
Sergeant-at-Arms shall carry one of the general ballot
boxes to one table, and the other to a second and separate
table. Sixteen members shall then be appointed as tellers
of the ballots; one of whom shall be taken from each State,
and be nominated by the delegation of the State from which
he was taken. The said tellers shall be divided into two
equal sets, according to such agreement as shall be made
among themselves; and one of the said sets of tellers
shall proceed to count the votes in one of the said boxes,
and the other set the votes in the other box; and in the
event of no appointment of teller by any delegation, the
Speaker shall in such case appoint. When the votes of the
States are counted by the respective sets of tellers, the
result shall be reported to the House; and if the reports
agree, the same shall be accepted as the true votes of the
States; but if the reports disagree, the States shall
immediately proceed to a new ballot, in manner aforesaid.

"7th. If either of the persons voted for, shall have a
majority of the votes of all the States, the Speaker shall
declare the same; and official notice thereof shall be
immediately given to the President of the United States,
and to the Senate.

"8th. All questions which shall arise after the balloting
commences, and which shall be decided by the House voting
_per capita_ to be incidental to the power of choosing the
President, and which shall require the decision of the
House, shall be decided by States, and without debate; and
in case of an equal division of the votes of States, the
question shall be lost."

TUESDAY, February 10.

_Credentials of Members._

Mr. DENT, from the standing Committee of Elections, made a report, which he delivered in at the Clerk's table, where the same was read, and is as follows:

"The Committee of Elections having examined the credentials
of several members claiming seats in this House, report:

"That, by two certificates of the Governor of
Massachusetts, under seal of the State, and dated the ninth
day of January, one thousand eight hundred and one, it
appears by one of the said certificates that Ebenezer
Mattoon is duly elected to serve as a member of the House
of Representatives of the United States, in the room of
Samuel Lyman, stated therein to have resigned; and by the
other certificate, that Levi Lincoln is duly elected as
aforesaid, in the place of Dwight Foster, appointed a
Senator of the United States.

"It appears, also, by a letter under the signature of the
Governor of Pennsylvania, dated the twenty-first day of
January, one thousand eight hundred and one, and addressed
to the Speaker, accompanied by authenticated documents,
that John Stewart is duly chosen, in the place of Thomas
Hartley, deceased.

"The committee are of opinion that Ebenezer Mattoon is
entitled to a seat, in the place of Samuel Lyman, resigned;
Levi Lincoln, in the place of Dwight Foster, appointed a
Senator of the United States; and John Stewart, in the
place of Thomas Hartley, deceased."

_Election of President._

_Resolved_, That this House will attend in the Chamber of the Senate on Wednesday next at twelve o'clock, for the purpose of being present at the opening and counting of the votes for President and Vice President of the United States; that Mr. RUTLEDGE and Mr. NICHOLAS be appointed tellers, to act jointly with the teller appointed on the part of the Senate, to make a list of the votes for President and Vice President of the United States, as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the journals; and if it shall appear that a choice hath been made agreeably to the constitution, such entry on the journals shall be deemed a sufficient declaration thereof.

_Ordered_, That the Clerk of this House do acquaint the Senate therewith.

WEDNESDAY, February 11.

On motion, it was

_Resolved_, That all letters and packets to JOHN ADAMS, now President of the United States, after the expiration of his term of office, and during his life, may be transmitted by post, free of postage.

_Ordered_, That a bill or bills be brought in pursuant to the said resolution; and that Mr. OTIS, Mr. THATCHER, and Mr. SHEPARD, be appointed a committee to prepare and bring in the same.

_Election of President._

On this day, being the day by law appointed for counting the votes of the Electors of President and Vice President, there were present the following Representatives, respectively, that is to say:

_From New Hampshire._--Abiel Foster, Jonathan Freeman,
James Sheafe, and Samuel Tenney.

_From Massachusetts._--Theodore Sedgwick (Speaker), John
Read, Joseph P. Varnum, William Shepard, Peleg Wadsworth,
Silas Lee, Lemuel Williams, George Thatcher, Bailey
Bartlett, Phanuel Bishop, Harrison G. Otis, Nathan Read,
Levi Lincoln, and Ebenezer Mattoon.

_From Connecticut._--John Davenport, Roger Griswold, Samuel
W. Dana, Chauncey Goodrich, Elizur Goodrich, William
Edmond, and John C. Smith.

_From Vermont._--Matthew Lyon, and Lewis R. Morris.

_From Rhode Island._--Christopher G. Champlin, and John
Brown.

_From New York._--John Smith, Philip Van Cortlandt, Jonas
Platt, Henry Glenn, John Thompson, Theodorus Bailey, John
Bird, William Cooper, Lucas Elmendorph, and Edward
Livingston.

_From New Jersey._--James Linn, Aaron Kitchell, John
Condit, James H. Imlay, and Franklin Davenport.

_From Pennsylvania._--Robert Brown, Albert Gallatin, Andrew
Gregg, John A. Hanna, Joseph Heister, John Wilkes Kittera,
Michael Leib, Peter Muhlenberg, John Smilie, John Stewart,
Richard Thomas, Robert Waln, and Henry Woods.

_From Delaware._--James A. Bayard.

_From Maryland._--John Chew Thomas, Samuel Smith, Gabriel
Christie, William Craik, Joseph H. Nicholson, George Dent,
George Baer, and John Dennis.

_From Virginia._--Samuel J. Cabell, Matthew Clay, John
Dawson, Joseph Eggleston, Thomas Evans, Samuel Goode, Edwin
Gray, David Holmes, George Jackson, Henry Lee, Anthony New,
John Nicholas, Robert Page, Josiah Parker, Leven Powell,
John Randolph, Abram Trigg, John Trigg, and Lyttleton W.
Tazewell.

_From North Carolina._--Willis Alston, Joseph Dickson,
William Barry Grove, Archibald Henderson, William H. Hill,
Nathaniel Macon, Richard Dobbs Spaight, Richard Stanford,
David Stone, and Robert Williams.

_From South Carolina._--Robert Goodloe Harper, Benjamin
Huger, Abraham Nott, Thomas Pinckney, and John Rutledge.

_From Georgia._--Benjamin Taliaferro.