authorized of the Bank of the United States, anything in the act, entitled 'An act to incorporate the subscribers to the Bank of the United States,' to the contrary notwithstanding:"

It was determined in the negative-yeas 3, nays 25, as follows:

YEAS-Messrs. Goodrich, Hillhouse, and Lloyd. NAYS-Messrs. Anderson, Bayard, Brent, Condit, Crawford, Franklin, German, Giles, Gilman, Gregg, Griswold, Lambert, Leib, Mathewson, Meigs, Parker, Pickering, Pope, Reed, Robinson, Smith of New York, Thruston, Turner, White, and Whiteside.

On the question, Shall this bill pass to a third reading as amended? it was determined in the affirmative-yeas 18, nays 10, as follows:

YEAS-Messrs. Anderson, Brent, Condit, Franklin, Giles, Gregg, Griswold, Lambert, Leib, Mathewson, Meigs, Parker, Pope, Robinson, Smith of New York, Thruston, Turner, and Whiteside.

NAYS-Messrs. Bayard, Crawford, German, Gilman, Goodrich, Hillhouse, Lloyd, Pickering, Reed,

and White.

Mr. BAYARD, from the committee to whom was referred the bill, entitled "An act concerning the Naval Establishment," reported the bill without amendment.

The Senate proceeded to consider the bill, as in Committee of the Whole, and no amendment having been proposed thereto, the bill was ordered to the third reading.

On motion, the bill was read the third time by unanimous consent, and passed.

The bill in addition to the "Act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio," was read the second time, and considered as in Committee of the Whole; and the President having reported the bill to the House amended, on the question, Shall this bill be engrossed and read a third time as amended? it was determined in the affirmative.

JUNE, 1809.

NAYS-Messrs. Anderson, Brent, Condit, Franklin, Giles, Gregg, Griswold, Lambert, Meigs, Parker, Pope, Robinson, Smith of New York, Thruston, and Whiteside.

Ordered, That the further consideration of this bill be postponed until to-morrow.

WEDNESDAY, June 28.

informed the Senate that the House have passed A message from the House of Representatives a bill, entitled "An act to amend and continue in interdict the commercial intercourse between the force certain parts of the act, entitled 'An act to United States and Great Britain and France, and their dependencies, and for other purposes," with amendments, in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act to amend and continue in force certain parts of the act, entitled 'An act to

interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes ;" and

concurred therein.'

The Senate resumed the third reading of the entitled 'An act making further provision for the entitled "An act supplementary to the act, bill, support of public credit, and for the redemption of the public debt."

On the question, Shall this bill pass as amended? it was determined in the affirmative-yeas 17, nays 9, as follows:

Gaillard, Giles, Gregg, Lambert, Leib, Mathewson, Meigs, Parker, Pope, Robinson, Smith of New York,

YEAS-Messrs. Anderson, Brent, Condit, Franklin,

Turner, and Whiteside.

NAYS-Messrs. Bayard, Crawford, German, Gilman, Hillhouse, Lloyd, Pickering, Reed, and White.

TUESDAY, June 27.

Mr. FRANKLIN, from the committee, reported the bill in addition to the act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio, correctly engrossed; and the bill was read the third time, and passed.

The bill, entitled "An act supplementary to the act, entitled 'An act making further provision for the support of public credit, and for the redemption of the public debt," was read the third time as amended.

On motion, by Mr. HILLHOUSE, to postpone the further consideration thereof until the first Monday in November next, it was determined in the negative-yeas 9, nays 15, as follows:

YEAS-Messrs. Bayard, German, Gilman, Goodrich, Hillhouse, Lloyd, Pickering, Reed, and White.

The PRESIDENT laid before the Senate a letter from B. H. Latrobe, respecting arrangements in the new Senate Chamber; which was read. On motion, by Mr. LLOYD,

Resolved, That a committee be appointed to take into consideration the letter of B. H. Latrobe, of this date, and to give such directions respecting the finishing of the new Senate Chamber as they may judge will best promote the convenience of the Senate; and

Ordered, That Messrs. LLOYD, THRUSTON, and ANDERSON, be the committee.

A message from the House of Representatives informed the Senate that the House have passed the bill, entitled "An act to suspend for a limited time the recruiting service," with an amendment, in which they request the concurrence of the Senate. They have passed the bill, entitled "An act for the remission of certain penalties and forfeitures, and for other purposes," with amendments,

in which they desire the concurrence of the Senate.

The Senate proceeded to consider the amendment of the House of Representatives to the bill, entitled "An act to suspend for a limited time the recruiting service;" and concurred therein.

The Senate proceeded to consider the amendments of the House of Representatives to the bill, entitled "An act for the remission of certain penalties and forfeitures, and for other purposes;" and concurred therein.

The Senate then adjourned to six o'clock this evening.

Six o'clock in the Evening.

A message from the House of Representatives informed the Senate that they have passed a bill, entitled "An act authorizing the discharge of Joseph Wilkinson, jun., from his imprisonment;" in which they request the concurrence of the Senate.

The bill brought up for concurrence was read three times by unanimous consent, and passed. Resolved, That Messrs. POPE and BRENT be a committee on the part of the Senate, with such as the House of Representatives may join, to wait on the President of the United States, and notify him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn.

SENATE.

Ordered, That the Secretary acquaint the House of Representatives therewith, and request the appointment of a committee on their part.

A message from the House of Representatives informed the Senate that the House have appointed a committee on their part, to wait on the President of the United States, and notify him of the intended recess of Congress.

Mr. POPE, from the committee, reported that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress.

On motion, by Mr. THRUSTON, that the Secretary of the Senate be authorized to pay, out of the contingent fund of this House, to Tobias Simpson, Elkanah Henley, and Henry Miller, the sum of twenty-five dollars each, in addition to their usual compensation: it was objected to by Mr. PICKERING, as against the rule.

A message from the House of Representatives informed the Senate that the House, having finished the business before them, are about to adjourn.

Ordered, That the Secretary inform the House of Representatives that the Senate, having finished the business before them, are about to adjourn.

The Secretary having performed that duty, the PRESIDENT adjourned the Senate, to meet on the fourth Monday of November.

MONDAY, May 22, 1809.

This being the day appointed by law for the meeting of the present session, the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit:

From New Hampshire-Daniel Blaisdell, John C. Chamberlain, William Hale, Nathaniel A. Haven, and James Wilson.

From Massachusetts-Ezekiel Bacon, William Baylies, Richard Cutts, William Ely, Gideon Gardner, Barzillai Gannett, Edward St. Loe Livermore, Benjamin Pickman, junior, Josiah Quincy, Ebenezer Seaver, William Stedman, Jabez Upham, Joseph B. Varnum, and Laban Wheaton.

From Rhode Island-Richard Jackson, junior, and Elisha R. Potter.

From Connecticut-Epaphroditus Champion, Samuel W. Dana, John Davenport, Jonathan O. Mosely, Timothy Pitkin, junior, Lewis B. Sturges, and Benjamin Tallmadge.

From Vermont-William Chamberlin, Martin Chittenden, Jonathan H. Hubbard, and Samuel Shaw. From New York-James Emott, Jonathan Fisk, Barent Gardenier, Thomas R. Gold, Herman Knickerbacker, Robert Le Roy Livingston, John Nicholson, Peter B. Porter, Ebenezer Sage, Thomas Sammons, John Thompson, Uri Tracy, and Killian K. Van Rensselaer.

From New Jersey-Adam Boyd, James Cox, William Helms, Jacob Hufty, Thomas Newbold, and Henry Southard.

From Pennsylvania-William Anderson, David Bard, Robert Brown, William Crawford, William Findley, Robert Jenkins, Aaron Lyle, William Milnor, John Porter, John Rea, Matthias Richards, John Ross, George Smith, Samuel Smith, and Robert Whitehill.

From Maryland-John Brown, John Campbell, Charles Goldsborough, Philip B. Key, Alexander McKim, John Montgomery, Nicholas R. Moore, Roger Nelson, and Archibald Van Horn.

From Virginia-Burwell Bassett, William A. Burwell, Matthew Clay, John Dawson, John W. Eppes, James Breckenridge, Thomas Gholson, junior, Peterson Goodwyn, Edwin Gray, John G. Jackson, Walter

Jones, Joseph Lewis, junior, John Love, Thomas New-
ton, John Randolph, John Roane, Daniel Sheffey, John
Smith, James Stephenson, and Jacob Swoope.
From North Carolina—Willis Alston, junior, James
Cochran, Meshack Franklin, James Holland, Thomas
Kenan, William Kennedy, Nathaniel Macon, Archi-
bald McBride, Lemuel Sawyer, Richard Stanford, and
John Stanley.

From South Carolina-Lemuel J. Alston, William
Butler, Joseph Calhoun, Robert Marion, Thomas
Moore, John Taylor, and Robert Witherspoon.
From Georgia-William W. Bibb, Howell Cobb,
Dennis Smelt, and George M. Troup.

From Kentucky-Henry Crist, Joseph Desha, Benjamin Howard, Richard M. Johnson, Matthew Lyon, and Samuel McKee.

From Tennessee-Pleasant M. Miller, and John Rhea. From Ohio-Jeremiah Morrow.

ELECTION OF SPEAKER, &c.

A quorum, consisting of a majority of the whole number, being present, the House proceeded, by ballot, to the choice of a Speaker.

Messrs. N. R. MOORE, CUTTS, and PORTER, were appointed tellers of the votes.

Mr. N. R. MOORE reported that the result of the ballot was, that there were

For Joseph B. Varnum, 60; Nathaniel Macon, 36; Timothy Pitkin, junior, 20; Roger Nelson, 1; C. W. Goldsborough, 1; blank ballots, 2.

Mr. VARNUM having 60 votes, it was submitted to the decision of the House by the tellers whether the blank ballots could be considered as votes; if not, there being but 118 votes, Mr. VARNUM having 60, had a majority.

Mr. W. ALSTON conceived that there could be no doubt on the subject; that blank pieces of paper could not be considered as votes. He instanced the case which occurred in the famous balloting for President in the year 1801; at which time, after a number of ballotings, the State of Maryland, which was divided, gave in four blank votes, and thus decided the election.

Mr. MACON thought there could be no question on the subject; he also recollected the case of the Presidential election instanced by his colleague, and was of opinion that blank ballots could not be counted. He hoped that the gentleman from Massachusetts (Mr. VARNUM) would be conducted to the Chair.

Mr. RANDOLPH said this was no ordinary question which the House were about to determine, at the instance of his friend, (Mr. MACON,) in his opinion, in a very irregular manner; and Mr. R. said that he was certain, if his friend were not himself implicated in the question, he would have been one of the last men in the House to give such a decision against himself; but perhaps this was a peculiarity in his friend's character. Are we, gentlemen, (said Mr. R.) to have a Speaker of the House of Representatives without any election? The committee have not reported that one of the persons voted for had a majority of the whole number of votes given; on the contrary, they have expressly reported that no one had a majority. And will the House consent in this manner to choose a Speaker to preside over this body, and perhaps eventually over the destinies of this nation?-for perchance the Speaker might become President of the United States. With respect to the precedent in the case of the election of the President of the United States, there was not, he said, the smallest analogy between the two cases. What was that case? It was on a question whether or not there should exist in this country a Government, that this device had been used, after some forty or fifty ballotings. In order to give a President to the United States, certain gentlemen had thought proper not to vote at all. But, said Mr. R., is time now so precious? Is the Secretary of the President of the United States knocking at the door for admittance? Is the enemy at the gate? Is there not time, I beseech you, gentlemen, to proceed in the regular mode to the election of our officers? Or, shall we, to avoid the trouble of writing a name twice, establish a precedent, which, if established, may put an end to this Government, which is founded on the principle that the majority shall govern? Mr. R. said he was more free in expressing his ideas, because he believed that a second ballot would not affect the result; and he put it to his friend (Mr. MACON) to say whether he himself would consent to take the Chair on the vote of a minority. He said he knew him too well; he would not consent to it. He conceived that there was no question before the House, that they had not elected their Speaker; and that it was their business to proceed to an election. They were certainly competent, he said, to elect the officers of their own body; and he hoped they would do it more majorum-after the fashion of their ancestors.

Mr. STANFORD denied that the case which had been cited from the Presidential election in 1801 had any bearing on the present question. That was a case in which, a State being divided, onehalf the representation voted blank, and left to the other half of the representation the right of

MAY, 1809.

voting for the State. As, at the same time, a gentleman now from Kentucky, (Mr. LYON,) then the only representative present from Vermont, had, by his, single vote, his colleague being absent, decided the vote of that State, he thought there was no analogy.

Mr. RANDOLPH moved that the House proceed to ballot a second time for Speaker.

The Clerk having put the question, it was carried-67 to 43.

Mr. MACON said he certainly felt a sense of gratitude towards those who had voted for him; but he should be obliged to them to vote for some other person. He had rather remain on the floor of the House than be placed in the Chair. He had experienced the difficulties of the situation; besides, by an illness during last winter, his lungs had been so affected that he did not feel himself adequate to the task. As his declining the situation might be unexpected to some gentlemen, to accommodate them he would ask a postponement of the ballot for a time. He considered the office of Speaker of the House as one of the most honorable in the nation. Perhaps none was more so, after that of President and Vice President. Notwithstanding this, were there a probability of his being chosen, he must decline being placed in the Chair.

Mr. STANFORD moved to postpone a further balloting until two o'clock-Negatived; six gentlemen only rising in the affirmative.

The House then proceeded to a further ballot; and Mr. N. R. MOORE reported the result to be: For Mr. Varnum, 65; Mr. Macon, 45; Mr. Pitkin, 6; Mr. Howard, 1; Mr. Nelson, 1, and Mr. Goldsborough, 1.

Mr. VARNUM having a majority of votes was declared elected, and conducted to the Chair; whence he addressed the House as follows:

"Gentlemen of the House of Representatives: "The continued manifestation of the national con

fidence in me, expressed by the Representatives of the people on this occasion, fills my heart with grateful sensibility. In obedience to the call of my country, I accept the office assigned me, and will endeavor to discharge the duties of it according to the best of my abilities, and agreeably to the wishes of the House."

The SPEAKER having been sworn, the oath to support the Constitution of the United States was by him administered to the members, by States.

The House then proceeded to the choice of a Clerk, by ballot. The votes having been counted, there were

For Patrick Magruder, 63; Daniel Brent, 38; Nicholas B. Van Zandt, 14; William Lambert, 7, and Mr. Scott, 1.

Mr. Magruder having a majority of votes, was declared to be re-elected.

Mr. GEORGE POINDEXTER having appeared and produced his credentials, as the Delegate from the Mississippi Territory of the United States, the oath was administered to him by the Speaker.

Mr. MACON, from the joint committee appointed to wait on the President of the United States,