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H. OF R.]

Proceedings.

(NOVEMBER, 1820. Speaker of this House, which, with the leave of For Mr. Taylor 62; for Mr. Lowndes 57; for the House, he read as follows:

Mr. Smith 15; scattering 1.
LEXINGTON, Ky., October 28, 1820.

No choice having yet been made, a motion Sir: I will thank you to communicate to the

was made to adjourn, and decided in the affirmHouse of Representatives, that, owing to imperious

ative-ayes 71. And the Clerk adjourned the circumstances, I shall not be able to attend upon it House to 12 o'clock to-morrow. until after the Christmas holidays, and to respectfully ask it to allow me to resign the office of its Speaker, which I have the honor to hold, and to consider this

TUESDAY, November 14. as the act of my resignation. I beg the House also Several other members appeared and took to permit me to reiterate the expression of my sin- | their seats, to wit: cere acknowledgments and unaffected gratitude for From New Hampshire, ARTHUR LIVERMORE ; the distinguished consideration which it has uniform- from Massachusetts, Martin Kinsley; from ly manifested for me. I have the honor to be, with great esteem, your vania, CHRISTIAN Tarr; from Maryland, Ra

New Jersey, HENRY SOUTHARD; from Pennsylfaithful and obedient servant,

H. CLAY,

PHAEL NEALE; from Virginia, WILLIAM LEE Thomas DOUGHERTY, Esq.

Ball, Philip P. Barbour, and William MoCor; Clerk of the House of Representatives.

from South Carolina, Elias Earle; from Ten

nessee, Joun COCKE; and from Ohio, THOMAS On motion of Mr. Newton, the letter was or- R. Ross. dered to lie on the table, and to be inserted in The House then proceeded forth with to balthe Journal of the House.

lot again for a Speaker of the Ilouse, in the On motion of Mr. N., the House then pro- place of Mr. Clay, resigned. The votes having ceeded to the election of a Speaker.

been counted, Mr. Newton reported, that the The Clerk declared that, as this was an elec- whole number of votes was 149; of which 75 tion to be made from amongst members of the were necessary to a choice ; that the votes were: House, no previous nomination was necessary. For Mr. Taylor 64; for Mr. Lowndes 54; for No nomination, therefore, was made.

Mr. Smith 33 ; scattering 1. Messrs. Newton and MOSELY being appoint- No one having a majority of all the votes, the ed a committee to count the ballots, reported House proceeded to ballot the ninth time; when that the votes were

e-For John W. Taylor 40; it appeared that the votes were: For Mr. Tayfor William Lowndes 34; for Samuel Smith 27; lor 66; for Mr. Lowndes 47 ; for Mr. Smith 33; for John Sergeant 18; for Hugh Nelson 10; scattering 1. scattering 3.

No election having yet taken place, the House Sixty-seven votes being necessary to a choice, proceeded to ballot for the tenth time; and the and no member having the requisite majority, result was declared as follows: For Mr. Taylor a second ballot took place; when the votes 64; for Mr. Smith 50; for Mr. Lowndes 25; were thus reported : For Mr. Taylor 49; for scattering 1. Mr. Lowndes 44; for Mr. Smith 25; for Mr. No election having yet taken place, the House Sergeant 13; scattering 1.

proceeded to ballot for the eleventh time; when No choice being yet made, the House pro- the following result was pronounced : For Mr. ceeded to a further ballot, when the votes given Taylor 61; for Mr. Smith 50; for Mr. Lowndes in were as follows: For Mr. Lowndes 56 ; for 31 ; for Mr. Sergeant 5; scattering 1. Mr. Taylor 50; for Mr. Smith 16; for Mr. Ser- No election having yet taken place, the House geant 11 ; scattering 1.

proceeded to ballot for the twelfth time; and No choice having been yet made, the House the result was as follows: For Mr. Smith 53 ; proceeded to ballot a fourth time, when the fol- for Mr. Taylor 47; for Mr. Lowndes 23 ; for Mr. lowing result was reported: For Mr. Lowndes Sergeant 19; for Mr. Tomlinson 3; scattering 3. 61 ; for Mr. Taylor 60; for Mr. Smith 11; scat- The thirteenth ballot resulted as follows: For tering 3.

Mr. Smith 48; for Mr. Taylor 32 ; for Mr. SerNo one having yet a majority of all the votes, geant 32; for Mr. Lowndes 30; scattering 3. a fifth ballot took place, which resulted as fol- The fourteenth ballot resulted as follows: lows: For Mr. Taylor 65; for Mr. Lowndes 63 ; For Mr. Smith 42; for Mr. Lowndes 37; for for Mr. Smith 8; scattering 2.

Mr. Sergeant 35; for Mr. Taylor 27; scatterA motion was then made that the House do ing 3. now adjourn; and the question thereon being The fifteenth ballot resulted as follows: For put by the Clerk, it was decided in the negative. Mr. Lowndes 55; for Mr. Sergeant 32; for Mr.

The House then proceeded to ballot a sixth Smith 27; for Mr. Taylor 26 ; scattering 6. time; and the votes, being counted, stood thus : No one yet having a majority of the votes, a For Mr. Taylor 67; for Mr. Lowndes 61; for further ballot was declared necessary; when it Mr. Smith 7; scattering 1.

being half-past 3 o'clock), No election having yet taken place, another A motion was made to adjourn, and negamotion was then made to adjourn, and the vote tived. thereon was—for adjourning 65, against it 68. The sixteenth ballot then took place, and was

So the House refused to adjourn, and another as follows: For Mr. Lowndes 68; for Mr. Tayballot was held, which resulted as follows: / lor 30; for Mr. Sergeant 24; for Mr. Smith 23.

success,

NOVEMBER, 1820.)
Proceedings.

[H. OF R. This ballot having been also ineffectual ; an- Mr. RANDOLPH made it a point of order wheother motion was made to adjourn, but without ther the Clerk had any right to express to the

House his opinion of their powers, or to decide The House then proceeded to the seventeenth for them what was, or was not, in order. ballot, which resulted as follows-73 necessary The CLERK declared, that, under the rules of to a choice : For Mr. Lowndes 72; for Mr. the House, which prescribe the mode of elecTaylor 44; for Mr. Smith 17; for Mr. Sergeant tion by ballot, he could not receive this motion. 11.

Some brief debate took place on the point of No election being made, the House went into order, Mr. RANDOLPH protesting against what the eighteenth ballot, when the following result he pronounced an assumption of power on the was announced—73 necessary to a choice : For part of the Clerk, and asserting the right of Mr. Lowndes 66; for Mr. Taylor 55; for Mr. any member to propound any question to the Smith 21; for Mr. Sergeant 2.

House through the Clerk, the Speaker's Chair No one having yet a majority of the votes, being vacant, or from himself

, if he thought the House proceeded to the nineteenth ballot, proper. which resulted as follows_73 necessary to a Other gentlemen, Mr. Storrs, Mr. LITTLE, choice: For Mr. Taylor 66; for Mr. Lowndes Mr. SERGEANT, Mr. MERCER, and Mr. LIVER65; for Mr. Smith 14.

MORE, expressed their opinions, and the followThis ballot being also ineffectual; a motion ing rule of the House was read: was made to adjourn, which motion prevailed,

“In all other cases of ballot than for committees, ayes 76—and, about five o'clock, the House ad- a majority of the votes given shall be necessary to journed.

an election; and, when there shall not be such a majority on the first ballot, the ballot shall be repeated

until a majority be obtained.” WEDNESDAY, November 15. Several other members appeared, and took

Mr. LITTLE, asserting his right to make the their seats, to wit:

motion, yet, not desiring to prolong discussion From Vermont, Charles RICH; from Penn- in regard to it, waived the moving of it himself. sylvania, GEORGE DENNISON ; from Maryland,

The House then proceeded to ballot the

The whole number of Thomas BAYLY; from North Carolina, CHARLES twenty-second time. Fisher; and from South Carolina, Eldred SIM- votes was 148—75 necessary to a choice. The

votes were—For Mr. Taylor 76; for Mr.

Lowndes 44; for Mr. Sunith 27 ; scattering 1. Election of Speaker.

So John W. Taylor, Esq., a Representative The House, having been called to order at from the State of New York, was elected twelve o'clock, proceeded to ballot, the twen- Speaker; and, having been conducted to the tieth time, for a Speaker, in the place of Mr. Chair by Mr. Newton and Mr. Mosely, adClay, resigned.

dressed the House as follows: The votes having been counted, it appeared Gentlemen : I approach the station to which your that the number of votes given in was 141— favor invites me, greatly distrusting my ability to necessary to a choice 71. Of which there fulfil your just expectations. Although the duties of were: For Mr. Taylor 67; for Mr. Lowndes the Chair have become less arduous by improvements 65; for Mr. Smith 8; scattering 1.

in its practice during the administration of my disNo choice having been made, the House pro- their responsibilities without a firm reliance on your

tinguished predecessor, I should not venture to assume ceeded to ballot the twenty-first time; when the result was declared as follows: Whole num- the preservation of order must depend in a greater

indulgent support. In all deliberative assemblies, ber of votes 147—necessary to a choice 74. Of degree upon the members at large than upon any which there were : For Mr. Taylor 73; for Mr. efforts of a presiding officer. The forbearance and Lowndes 42; for Mr. Smith 32.

decorum which characterized this House in its forNo choice having yet been made, the House mer session, at a period of peculiar excitement, afford was about to ballot again; when

of their continued exercise a happy anticipation. For Mr. Little rose, and, remarking on the ex- the confidence with which you have honored me, be traordinary aspect of the present proceedings of pleased to accept my profound acknowledgments. the House; the necessity for choosing a Speak- In my best endeavors to merit your approbation, er; the uncertainty, under present appearances, which shall not be intermitted, I can promisc nothwhen a choice would be made ; the weariness | ing more than diligence, and a constant aim at imof the House at these repeated ballotings, &c.— partiality. I can hope for nothing greater than that moved, that the House do come to a resolution,

these endeavors may not prove altogether unavailing. that the lowest on each ballot should be drop- The new members having been sworn inped at the succeeding ballot, and that any votes A message was received from the Senate, ingiven for such lowest person should not be forming the House that a quorum thereof was taken into account.

formed, and that they were ready to proceed to The Clerk of the House, after reading the business. resolve, expressed doubts of the power of the On motion of Mr. Nelson, of Virginia, & House to pass such a resolution, consistently similar message was returned to the Senate. with the rules established for its government. On motion of Mr. NELSON, also, a committee

KINS.

H. OF R.] Missouri State ConstitutionCitizenship of Free Colored Persons. [NOVEMBER, 1820. was appointed, jointly with such committee as priations for the erection of fortifications shall be so should be appointed by the Senate, to wait made as to require a less sum annually, by extending upon the President of the United States, and the time within which they shall be completed. inform him of the organization of the two

6. Resolred, That the act making an appropriation Houses, and of their readiness to receive any of the Navy, be so amended as to extend the time

of one million of dollars per annum for the increase communication he may have to make to them.

within which such increase shall be made, and to re

duce the annual appropriation to the sum of five hunTHURSDAY, November 16.

dred thousand dollars. Several other members appeared and took tive service one-half the naval force now employed,

7. Resolved, That it is expedient to recall from actheir seats, to wit: From Massachusetts, WALTER FOLGER, Jr. ;

and to place the same in ordinary.

8th Resolution refers the subjects of the preceding from North Carolina, Hutchins G. Burton; resolves to the proper standing and select committees, and from Georgia, JOEL CRAWFORD and ROBERT to bring in bills pursuant thereto. RAYMOND REID.

The House having agreed to consider these Constitution of Missouri.

resolutionsMr. Scott laid before the House a manu

Mr. COBB said, he had no intention to bring script attested copy of the constitution formed on the discussion of them at this time, having on the 19th day of July, 1820, by the conven- presented them by way of notice to members, tion assembled at St. Louis, in the Territory of that they might be prepared to discuss and deMissouri, for the government of the contem- cide on them when called up. He was not plated State of that name; which was referred even himself prepared at this moment to give to a select committee, and Mr. LOWNDES, Mr. his views of the subjects embraced in these resSERGEANT, and Mr. Smith, of Maryland, were olutions; nor did he know that the House appointed the said committee.

ought to proceed to act on them, until it should have received, first, the annual report of the

Treasury, and, secondly, a report from the SecMonday, November 20.

retary of War, required by a resolution of the Several other members appeared and took House at the last session, of a plan whereupon their seats, to wit:

a reduction of the Army might be advantaFrom Virginia, John Floyd and SEVERN E. geously made. To place these resolves in a sitParker; and from Tennessee, HENRY H. Bryan uation which would enable him to call them up and ROBERT ALLEN.

at any time, he moved their reference to the Solomon Sibley appeared, produced his cre- Committee of the Whole on the state of the dentials, was qualified, and took his seat as a Union. Which motion was agreed to. delegate from the Territory of Michigan, in the room of William W. Woodbridge, resigned.

Thursday, November 23.

Missouri State Constitution-Citizenship of WEDNESDAY, November 22.

Free Colored Persons. Another member, to wit, from South Caro- Mr. LowDnes, from the select committee to lina, CHARLES PINCKNEY, appeared, and took | whom was referred the constitution formed for his seat.

their government by the people of Missouri, deReduction of Erpenditures.

livered in the following report: Mr. Cobb, of Georgia, presented to the Chair

The committee to whom has been referred the conthe following series of propositions :

stitution of the State of Missouri respectfully report:

That they have not supposed themselves bound to 1. Resolred, That it is expedient that the annual inquire whether the provisions of the constitution reexpenses of the Government should be reduced; that, ferred to them be wise or liberal. The grave and for the accomplishment of this object, it is further difficult question as to the restraints which should be

2. Resolved, That such offices as are not imme- imposed upon the power of Missouri to form a condiately necessary for the transaction of public busi- stitution for itself was decided by the act of the last ness, and the abolition of which would not be detri- session, and the committee have had only to examine mental to the public interest, shall be abolished. whether the provisions of the act have been complied

3. Resolved, That the salaries of all civil officers with. In the opinion of the committee, they have whose compensation has been increased since the been. The propositions, too, which were offered in year 1809 shall be reduced to what they were at that the same act to the free acceptance or rejection of period.

the people of Missouri, have all been accepted by 4. Resolved, That it is expedient to reduce the them. But there remains a question too important Army to the number of six thousand non-commis- to be overlooked. sioned officers, musicians, and privates, preserving We know that cases must often arise in which there such part of the corps of engineers, without regard to may be a doubt whether the laws or constitution of that number, as may be required by the public inter- a State do not transcend the line (sometimes the obest; and including such reduction of the general staff scure line) which separates the powers of the differas may be required by the state of the Army when ent governments of our complex system. It appears reduced as herein proposed.

to the committee, that, in general, it must be unwise 5. Resolved, That it is expedient that the appro- in Congress to anticipate judicial decisions by the ex

NOVEMBER, 1820.)
Proceedings.

[H. OF R. position of an equivocal phrase, and that it would be abandoned. On the other hand, if Congress shall yet more objectionable, by deciding on the powers of determine neither to expound clauses which are obi State just emerged from territorial dependence, that scure, nor to decide constitutional questions which it should give the weight of its authority to an opin- must be difficult and perplexing, equally interesting jon wbich might condemn the laws and constitutions to old States, whom our construction could not, as to of old, as well as sovereign States. The committee the new, whom it ought not to coerce, the rights and are not unaware that a part of the twenty-sixth sec- duties of Missouri will be left to the determination tion of the third article of the constitution of Mis- of the same temperate and impartial tribunal which souri, by which the Legislature of the State has been has decided the conflicting claims, and received the directed to pass laws * to prevent free negroes and confidence, of the other States. mulattoes from coming to, and settling in, the State,” The committee recommend the adoption of the has been construed to apply to such of that class as following resolution : are citizens of the United States, and that their exclusion has been deemed repugnant to the Federal the resolution therein referred to was read, as

This report having been read by the Clerk, Constitution. The words which are objected to are

follows: to be found in the laws of at least one of the Middle States, (Delaware,) and a careful examination of the

Whereas, in pursuanco of an act of Congress passclause might perhaps countenance the opinion that it ed on the sixth day of March, one thousand eight applies to the large class of free negroes and mulat- hundred and twenty, entitled "An act to authorize toes who cannot be considered as the citizens of any the people of the Missouri Territory to form a con. State. But, of all the articles in our constitution, stitution and State government, and for the admission there is probably not one more difficult to construe of such State into the Union on an equal footing with well, than that which gives to the citizens of each the original States, and to prohibit slavery in certain State the privileges and immunities of citizens of the Territories,” the people of said Territory did, on the several States; there is not one, an attention to nineteenth day of July, in the year one thousand whose spirit is more necessary to the convenient and eight hundred and twenty, by a convention called for beneficial connection of the States; nor one of which the purpose, form for themselves a constitution and too large a construction would more completely break State government, which constitution and State govdown their defensive power, and lead more directly ernment, so formed, is republican, and in conformity to their consolidation. This much, indeed, seems to to the provisions of the said act : be settled by the established constitutions of States Be it therefore resolved by the Senate and House of in every section of the Union; that a State has a Representatives of the United States of America in right to diseriminate between the white and the black Congress assembled, That the State of Missouri shall man, both in respect to political and civil privileges, be, and is hereby declared to be, one of the United though both be citizens of another State ; to give to States of America, and is admitted into the Union on the one, for instance, the right of voting and of serv- an equal footing with the original States, in all reing on juries, which it refuses to the other. How spects whatever. far this discrimination may be carried, is obviously a matter of nice and difficult inquiry. The committee

The resolution was then read a second time. do not propose to engage in it. They believe it best,

Mr. LOWNDES moved to refer the resolution to whenever a case occurs which must necessarily in a Committee of the Whole on the state of the volve the decision of it, that it should be remitted to Union, which would put it in the power of the judicial cognizance.

House to act upon it at any time it thought In this view (which narrows their inquiries and proper. He need not say, that there was no duties) the committee are confirmed, by a consider- disposition to act upon this subject without full ation of the embarrassments and disasters which a notice to all parties concerned, and if no other different course of proceeding might sometimes pro- person did, he should himself, when proposing dnce. When a people are authorized to form a State, to call for the consideration of the report, give and do so, the trammels of their territorial condition a day or two notice of his intention to do so. fall off. They have performed the act which makes Whilst up, he took occasion to say, that this rothem sovereign and independent. If they pass ari unconstitutional law, and we leave it, as we should be considered as the act of a majority of the

port, as indeed all reports of committees, must that of another State, to the decision of a judicial tribunal, the illegal act is divested of its force by the committee, and not as expressing the sentiments

of operation of a system with which we are familiar.

every individual of the committee. The control of the General Government is exercised

The reference was agreed to. in each particular case, in support of individual right, and the State retains the condition which it has just

Friday, November 24. acquired, and would not easily renounce. But a decisioa by Congress agaiust the constitutionality of a

Two members appeared and took their seats, law passed by a State which it had authorized the viz: from Maryland, Thomas CULBRETH, and establishment, could not operate directly by vacating from Virginia, John TYLER. the law; nor is it believed that it could reduce the State to the dependence of a Territory. In these

MONDAY, November 27. circumstances, to refuse admission into the Union to such a State, is to refuse to extend over it that judi

Another member, to wit, from Mississippi, cial authority which might vacate the obnoxious law, CHRISTOPHER Rankin, appeared, and took his and to expose all the interests of the Government seat. within the territory of that State, to a Legislature A new member, to wit, from Massachusetts, and a Judiciary, the only checks on which have been | BENJAMIN Gorham, elected to supply the va

H. OF R.]

Vaccine Institution.

(DECEMBER, 1820.

cancy occasioned by the resignation of Jonathan | were induced to accept of a proposition made Mason, also appeared, was qualified, and took by Dr. Smith, to establish an institution here in his seat.

the capital of the country, from whence should

issue gratuitously the vaccine matter to such TUESDAY, November 28.

States, counties, or towns, as should subscribe a

certain amount for the establishment and enAnother member, to wit, from New York, couragement of this institution ; by which JAMES Guyon, junior, appeared, and took his means every class in society, the poor as well seat.

as the rich, would receive the matter free of

expense. In six of the adjacent States $26,000 Friday, December 1.

were subscribed on the 1st day of January last, Another member, to wit, from North Caro- and no doubt a considerable addition has been lina, William Davidson, appeared, and took his made during the present year to that sum. seat.

These subscriptions have been made to Dr.

Smith, who is the agent for vaccination; and, Vaccine Institution.

in the event of his death, without the passage The engrossed bill to incorporate the Man- of some such bill as the one before you, would agers of the National Vaccine Institution, was be lost to those who made them with such beread the third time; and, on the question of its nevolent views. The bill does not propose to passage

take from the Treasury one dollar, its only obMr. LIVERMORE, of New Hampshire, moved ject is to withdraw from the hands of Dr. Smith to recommit the bill, so as to allow of its being the whole amount of those subscriptions, and amended in one particular, and thus obviating place them under the control and direction of the only objection which he had to its passage. six discreet, judicious managers, who are named His object was to incorporate in the bill the in the bill, and whose successors are to be apwords" within the District of Columbia.” pointed by the President of the United States. There was not a general agreement of opinion It has been under the hope of the securing the as to the power of Congress to establish corpo- full benefit of such liberal subscriptions, that I rations to pervade the United States; but there have been induced to advocate the bill, and now was no doubt of its power within the District, ask for the concurrence of the House in its to which therefore he wished expressly to limit passage. the corporate authority proposed to be conferred Mr. BURWELL, of Virginia, was opposed to by this bill.

the recommitment, on different ground from Mr. Floyd, of Virginia, said, he saw no un- that taken by other gentlemen. He adverted constitutional feature in the bill, which he to a construction which had been recently put hoped, therefore, would be permitted to pass as upon the powers of Congress within the States, it stood. The object of the bill was to aid in in the case of the lotteries authorized by Conthe eradication of the small-pox from our gress,) and said that he believed that construccountry—an object which all must admit to be tion was too absurd to be entertained by many not only innocent but laudable. The gentleman men of sense in this country, and he regarded who had been most earnest in asking from Con- it as very unfortunate that such a construction gress

the

passage of this bill, had devoted him- had been sanctioned by the names of any men self to this object with a perseverance seldom of sense and character. Believing that Congress exceeded, and with desirable success. To enable had not the power to make this law operative those who took an interest in this matter, to within the States, and that inserting the words avail themselves of the donations of charitable proposed might, by implication, give countepersons in all parts of the United States, it was nance to what he considered the most dangernecessary that a company should be incorporat- ous and absurd construction ever given to the ed, with power to erect the necessary buildings. constitution, he was opposed to limiting, by

Mr. KENT, of Maryland, said, the gentleman words in the bill, what he considered as already from New Hampshire appeared to be under limited by the constitution. some misapprehension in relation to the bill Mr. LIVERMORE said he was as friendly to the first read. By its provisions, said Mr. K., the object of this bill as any gentleman within these National Vaccine Institution is to be established walls, and he had no desire to impede its pashere, and this provision renders unnecessary sage. But, he said, Congress have a power the gentleman's proposition. It will be recol within the District which they have not beyond lected by the House that, some years past, the it. They have here the power of exclusive oppointment of an agent for vaccination was legislation ; beyond it, they have not that authorized by law, with the privilege of frank- power. Within this District, he did not know ing his letters; and, although this measure gave that their power was any thing less than absosome facility in the transmission of vaccine lute. He did not know of any restraints upon matter to the different parts of the country, yet it but reason and a sound discretion. It was a it was found too limited in its effects for the question whether Congress had the power to accomplishment of an object fraught with such extend a corporate authority into the States; incalculable benefits to the community. Hence, and he did not see that the remarks of gentlethe citizens of several of the adjacent States men in favor of the bill had obviated the diffi

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