Virginia Argus

Congressional Register

HOUSE OF REPRESENTATIVES.

Thursday, November 22.

Mr. Lewis presented a memorial from the Washington building company, referring to a former memorial praying to be incorporated for the purpose of improving and ornamenting the metropolis of the union, and to insure buildings from fire; referred to a committee of three who may report by bill or otherwise.

Mr. M. Clay presented a petition from sundry citizens of Georgetown, stating that the channel of the Potomac was considerably obstructed below Mason's island by a mud bank recently formed which did not allow more than thirteen and fourteen feet water: a few years back vessels of eighteen feet draft passed the same safely; and praying to be allowed to raise a tax not exceeding one per cent on the real estate of the inhabitants, to be applied in erecting a causeway from the island to the Virginia shore which they conceive would effectually cure the evil, they intended to obtain the consent of the owner of the island and the proprietors of the Virginia shore, who are the only persons that can possibly be injured by the work contemplated to be erected. Referred to the last mentioned committee.

Dr. Mitchell called the attention of the house for a few moments while he explained a circumstance particularly interesting to the sailors of the United States. The 8th section of the act regulating the merchant service, &c. contained a regulation, that vessels of 150 tons or upwards whose crews consist of ten men, should be obliged to carry a medicine chest. But the most dangerous part of our commerce to the health of seamen, was that to the West Indies, and it is well known the vessels engaged in that trade are under 150 tons. Of course the care of the health of such seamen was entirely under the discretion of the merchants and captains, and however distressing it might be yet the fact was so, that we lost one tenth of our sailors, nay he believed one eighth in that particular trade.

It was calculated that one sixth of our seamen are in an incipient state of a disease liable to break out on the passage when they enter on board, of course all vessels ought to make a cautionary provision against the probable consequences.

The danger of voyages to the West Indies and other places, was so great as to preclude the youth of the middle states generally from engaging in a maritime life, and the deficiency was generally made up of foreign seamen, two fifths of the crews from those ports, indeed he believed three fifths, were composed of English, Irish and Scotch, some of whom were naturalized, but others of them contrive to obtain protections without this probationary step, and perhaps it is owing in some degree to this circumstance that we are involved in every war they wage in these everlasting disputes with Britain. While he would take effectual care of the health of the seamen at sea, he would throw it out for consideration whether the medicine chest ought to be at the expense of the merchant or seamen: It will be recollected that seamen pay 20 cents a voyage hospital money to form a fund for their assistance in sickness on shore--he did not understand why they should not contribute to their own safety at sea: the captain generally performing the part of the physician in the latter case, as the hospital physicians did in that first mentioned. He moved the committee of Commerce and Manufactures to enquire into the propriety of altering the law on this point, which was agreed to, and they may report by bill or otherwise.

Mr. Dawson reported from the committee appointed for forming a rule of the house respecting the mode of appointing chairmen to the standing and select committees. The principle was that the member first named by the Speaker should be chairman, but in case of absence or being excused by the house, the majority of the committee should choose one of the members, chairman in his stead.

Mr. R. Griswold wished to amend the resolution so that in the case of the excused or absence of the first named member, the next on the list be the chairman, and in like manner the senior member be the chairman when the others are absent or excused--believing that this mode would provide for every case that could arise.

Mr. Dawson thought the committee were the best judges of who was the most proper member of their own body to preside as chairman in any event of the absence or excuse of the chairman appointed by the speaker.

Mr. R. Griswold urged the adoption of a uniform system; the speaker appoints the chairman of the committee of the whole, of the standing committee, and the select committees. He thought the principle ought to go through.

Mr. Dana did not consider the subject of much importance, but after the excuse by the house of the chairman of the committee of claims, another member was appointed in his stead. This second gentleman on the list declined and the subsequent embarrassment arose. He stated what the parliamentary rule was in his opinion, and wished a consistent rule to be fixed at this time in hopes the question might be set at rest.

Mr. Holmes wished to correct a part of the statement made by the gentleman who spoke last. He (Mr. H.) was the second person, on the list of the committee of claims alluded to, but he did not decline the situation of chairman: the fact is, it had never been offered to him, and as he had doubts himself whether he was entitled to the chair, he called the committee together, and they confirmed his doubts, by deciding that he had not. He would have it understood that he did not decline, and further he would never shrink from a duty he was called upon to perform or aspire to a situation to which he was not regularly called.

Mr. Elmer admitted the Parliamentary rule laid down by (Mr. Dana) to be right--but he thought the speaker merely nominated a chairman to the committee of the whole, under the pleasure of the house, who generally by their silence gave a tacit consent which constituted the appointment.

Mr. Holland intended to vote against the amendment, and then against the resolution, with a view of adopting a different principle, viz. that the standing committees be chosen by ballot, and after being met, they should choose their own chairman.

Mr. Elliott hoped the amendment would obtain, if it were only to prevent the motion threatened by Mr. Holland, but he doubted if the amendment was altogether so definite as might be wished, the words senior member might be applied as well to a gentleman's age as to his standing on the list of the committee.

Dr. Leib would prefer the amendment to the resolution as it stood, if for no other, yet for this one consideration--The committee for example, consists of seven members, the chairman being absent, the six remaining members are then to vote for another chairman. Suppose they divide three and three--there is no decision, and they are then placed on the spot we now stand, and the question is left exactly as we found it.

Mr. R. Griswold explained that the words in like manner, alluded to the seniority or order in which the members' names stood on the list of appointment.

Mr. Elliott had not adverted to the words in like manner when he was up, he therefore withdrew his opposition.

Mr. Sloan conceived there would be a consistency in another mode of appointment. The people appointed the house of Representatives, the house appointed the speaker, and the speaker or house may appoint their committees; why then not let the committees appoint their own chairman?

Mr. Gregg, after explaining what had heretofore been the practice, noticed the inconvenience of appointing the chairman of a committee chosen by ballot--and for the sake of regularity, would vote for the amendment.

The question on the amendment being taken, was lost, forty five only voting for it, and fifty-six against it.

On the question to agree to the resolution, the house divided--Fifty in the affirmative, and fifty six in the negative: of course it also was lost.

Mr. Holland offered his motion that all committees shall choose their own chairman, and it shall be incumbent upon all persons so chosen to perform the duties of that function unless excused by the house. This motion lays one day on the table as a matter of course.

Mr. Nicholson reported a bill on the subject of preserving peace in the ports and harbors of the United States and in the waters under their jurisdiction; it was read a second time, ordered to be printed and referred to committee of the whole for to-morrow.

On motion of Mr. J. Randolph the report on the subject of exempting college and university books went before a committee of the whole and was agreed to.

Mr. Varnum from that committee reported the same to the house, and the house proceeding to consider the report.

On the motion of Mr. R. Griswold seconded by Mr. J. Randolph the farther consideration was made the order of the day for Monday.

A message from the Senate informing that they had passed the bill for making farther appropriation for carrying the British treaty into effect.

Gen. Moore presented a petition of lieutenant Win. Love of the 3d S. Carolina regiment, praying to be allowed the commutation of his half pay, as had been allowed to other officers of equal rank--he founds his claim upon right, and prays congress to consider the same.

Friday, November 23.

Mr. Richards, from the committee of enrollment, reported the bill making further appropriation for carrying into effect the 7th article of the British treaty; which was thereupon signed by the speaker.

The chairman of the committee appointed on that part of the message of the president which relates to armed merchant vessels asked leave of the house to report a bill--Leave being granted--the chairman reported a bill to regulate the clearance of armed merchant vessels.

Referred to a committee of the whole for Monday, and ordered to be printed.

Mr. Holland's motion of yesterday authorising committees to appoint their own chairman was considered, and on the question, will the house agree to the same, it passed in the negative, only thirty-three members voting in its favor.

Mr. R. Griswold moved another resolution on the same subject, giving the committee power to elect their own chairman if a majority was so disposed. if not, that the first named member shall be the chairman, in case of his absence or excuse, then the second, & if neither of these members were present, then the next member named on the list. This motion lay on the table.

However, On motion of Dr. Eustis to dispense with the standing rule of the house, it met an unanimous acquiescence, and the resolution was afterwards modified and agreed to as follows:

That the first named member of any committee appointed by the speaker or the house shall be the chairman, and in case of his absence or being excused by the house, the next named member, and so on, as often as the case shall happen, unless the committee shall by a majority of their number elect a chairman.

Mr. Jos. Clay presented the petition of S. G. Osgood of New York, stating his purchase of the Philadelphia built ship, Hudson, which had been sold in 1797 to merchants in Hamburg, and from the peculiar hardship of the case, he prays, though the laws are against his obtaining a new register, that he may be allowed the same.

Referred to the committee of commerce and manufactures.

A letter from Dr. Mitchill, addressed to the speaker informing that he had taken his seat in the Senate, to which he had been elected by the legislature of New York, and thereon resigned his seat in the house.

On motion of Mr. J. Randolph, another member in his stead was appointed on the committee of commerce and manufactures.

On motion of Mr. Thomas, the speaker was directed to inform the governor of New York of the resignation of S. L. Mitchill, one of the representatives of that state.

On motion of Mr. Clark, a committee of three was appointed to enquire into the expediency of extending the time for the claimants to lands under the state of Georgia, lying in the state of Tennessee, for registering the evidence of their titles, with the secretary of state, and that they report thereon to the house.

Mr. Nicholson presented a petition from captain Alexander Murray of the United States Navy, stating that he had recaptured a vessel under Guadaloupe, in May 1800, and sent her in for adjudication: in consequence of the decision of the supreme court, he was subjected to the payment of 13,397 dollars and 58 cents damages, &c. which he prays he may be exonerated from.

Referred to the committee appointed on capt. Little's case.

The following motion of Mr. Rhea of Tenn. was referred to the committee appointed on so much of the president's message as relates to the amelioration of the government of Louisiana.

Resolved, that it is expedient to provide by law, for exhibiting and registering in proper offices, in the original language and in the language used in the United States, all evidences of title and claim for land within the territories ceded by the French republic to the United States, by the treaty of the thirtieth of April, in the year 1803, which have originated by virtue of any legal grant made by the French government, prior to the treaty of Paris, of the tenth day of February, in the year one thousand seven hundred and sixty-three; or of any legal grant made by the government of Spain, subsequent to the convention made by and between the French government and the government of Spain, of the third of November, one thousand seven hundred and sixty two, and prior to the treaty of St. Ildefonso of the first of October, one thousand eight hundred; or of any legal grant made by the British government subsequent to the said treaty of Paris, of the tenth day of February, in the year one thousand seven hundred and sixty three, and prior to the treaty of peace of the third of September, one thousand seven hundred and eighty-three.

Adjourned.