This ballot having been also ineffectual; another motion was made to adjourn, but without

success.

The House then proceeded to the seventeenth ballot, which resulted as follows-73 necessary to a choice: For Mr. Lowndes 72; for Mr. Taylor 44; for Mr. Smith 17; for Mr. Sergeant

11.

No election being made, the House went into the eighteenth ballot, when the following result was announced-73 necessary to a choice: For Mr. Lowndes 66; for Mr. Taylor 55; for Mr. Smith 21; for Mr. Sergeant 2.

No one having yet a majority of the votes, the House proceeded to the nineteenth ballot, which resulted as follows-73 necessary to a choice: For Mr. Taylor 66; for Mr. Lowndes 65; for Mr. Smith 14.

This ballot being also ineffectual; a motion was made to adjourn, which motion prevailed, ayes 76-and, about five o'clock, the House adjourned.

WEDNESDAY, November 15.

Several other members appeared, and took their seats, to wit:

From Vermont, CHARLES RICH; from Pennsylvania, GEORGE DENNISON; from Maryland, THOMAS BAYLY; from North Carolina, CHARLES FISHER; and from South Carolina, ELDRED SIM

KINS.

Election of Speaker.

The House, having been called to order at twelve o'clock, proceeded to ballot, the twentieth time, for a Speaker, in the place of Mr. Clay, resigned.

The votes having been counted, it appeared that the number of votes given in was 141necessary to a choice 71. Of which there were: For Mr. Taylor 67; for Mr. Lowndes 65; for Mr. Smith 8; scattering 1.

No choice having been made, the House proceeded to ballot the twenty-first time; when. the result was declared as follows: Whole number of votes 147-necessary to a choice 74. Of which there were: For Mr. Taylor 73; for Mr. Lowndes 42; for Mr. Smith 32.

No choice having yet been made, the House was about to ballot again; when

[H. of R.

Mr. RANDOLPH made it a point of order whether the Clerk had any right to express to the House his opinion of their powers, or to decide for them what was, or was not, in order.

The CLERK declared, that, under the rules of the House, which prescribe the mode of election by ballot, he could not receive this motion. Some brief debate took place on the point of order, Mr. RANDOLPH protesting against what he pronounced an assumption of power on the part of the Clerk, and asserting the right of any member to propound any question to the House through the Clerk, the Speaker's Chair being vacant, or from himself, if he thought proper.

Other gentlemen, Mr. STORRS, Mr. LITTLE, Mr. SERGEANT, Mr. MERCER, and Mr. LIVERMORE, expressed their opinions, and the following rule of the House was read:

"In all other cases of ballot than for committees, a majority of the votes given shall be necessary to 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."

Mr. LITTLE, asserting his right to make the motion, yet, not desiring to prolong discussion in regard to it, waived the moving of it himself. The House then proceeded to ballot the The whole number of twenty-second time. votes was 148-75 necessary to a choice. The votes were-For Mr. Taylor 76; for Mr. Lowndes 44; for Mr. Sinith 27; scattering 1.

So JOHN W. TAYLOR, Esq., a Representative from the State of New York, was elected Speaker; and, having been conducted to the Chair by Mr. NEWTON and Mr. MOSELY, ad

dressed the House as follows:

Gentlemen I approach the station to which your favor invites me, greatly distrusting my ability to fulfil your just expectations. Although the duties of the Chair have become less arduous by improvements in its practice during the administration of my distheir responsibilities without a firm reliance on your tinguished predecessor, I should not venture to assume indulgent support. In all deliberative assemblies, the preservation of order must depend in a greater degree upon the members at large than upon any efforts of a presiding officer. The forbearance and

decorum which characterized this House in its former session, at a period of peculiar excitement, afford of their continued exercise a happy anticipation. For the confidence with which you have honored me, be pleased to accept my profound acknowledgments. In my best endeavors to merit your approbation, which shall not be intermitted, I can promise nothing more than diligence, and a constant aim at im

Mr. LITTLE rose, and, remarking on the extraordinary aspect of the present proceedings of the House; the necessity for choosing a Speaker: the uncertainty, under present appearances, when a choice would be made; the weariness of 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, that the lowest on each ballot should be dropped at the succeeding ballot, and that any votes given for such lowest person should not be taken into account.

The CLERK of the House, after reading the resolve, expressed doubts of the power of the House to pass such a resolution, consistently with the rules established for its government.

these endeavors may not prove altogether unavailing.

The new members having been sworn inA message was received from the Senate, informing the House that a quorum thereof was formed, and that they were ready to proceed to business.

On motion of Mr. NELSON, of Virginia, a similar message was returned to the Senate.

On motion of Mr. NELSON, also, a committee

H. OF R.]

Missouri State Constitution-Citizenship of Free Colored Persons. [NOVEMBER, 1820. priations for the erection of fortifications shall be so made as to require a less sum annually, by extending the time within which they shall be completed.

was appointed, jointly with such committee as should be appointed by the Senate, to wait upon the President of the United States, and inform him of the organization of the two Houses, and of their readiness to receive any communication he may have to make to them.

THURSDAY, November 16.

Several other members appeared and took their seats, to wit:

From Massachusetts, WALTER FOLGER, Jr.; from North Carolina, HUTCHINS G. BURTON; and from Georgia, JOEL CRAWFORD and ROBERT RAYMOND REID.

Constitution of Missouri.

Mr. SCOTT laid before the House a manuscript attested copy of the constitution formed on the 19th day of July, 1820, by the convention assembled at St. Louis, in the Territory of Missouri, for the government of the contemplated State of that name; which was referred to a select committee, and Mr. LOWNDES, Mr. SERGEANT, and Mr. SMITH, of Maryland, were appointed the said committee.

6. Resolved, That the act making an appropriation of the Navy, be so amended as to extend the time of one million of dollars per annum for the increase

within which such increase shall be made, and to reduce the annual appropriation to the sum of five hundred thousand dollars.

tive service one-half the naval force now employed, 7. Resolved, That it is expedient to recall from acand to place the same in ordinary.

8th Resolution refers the subjects of the preceding resolves to the proper standing and select committees, to bring in bills pursuant thereto.

The House having agreed to consider these resolutions

Mr. COBB said, he had no intention to bring on the discussion of them at this time, having presented them by way of notice to members, that they might be prepared to discuss and deHe was not cide on them when called up. even himself prepared at this moment to give his views of the subjects embraced in these resolutions; nor did he know that the House 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 Secretary of War, required by a resolution of the House at the last session, of a plan whereupon 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 and ROBERT ALLEN.

MONDAY, November 20.

Several other members appeared and took their seats, to wit:

SOLOMON SIBLEY appeared, produced his credentials, was qualified, and took his seat as a delegate from the Territory of Michigan, in the room of William W. Woodbridge, resigned.

WEDNESDAY, November 22.

Another member, to wit, from South Carolina, CHARLES PINCKNEY, appeared, and took his seat.

Reduction of Expenditures.

Mr. COBB, of Georgia, presented to the Chair the following series of propositions:

1. Resolved, That it is expedient that the annual expenses of the Government should be reduced; that, for the accomplishment of this object, it is further

2. Resolved, That such offices as are not immediately necessary for the transaction of public business, and the abolition of which would not be detrimental to the public interest, shall be abolished.

3. Resolved, That the salaries of all civil officers whose compensation has been increased since the year 1809 shall be reduced to what they were at that period.

4. Resolved, That it is expedient to reduce the Army to the number of six thousand non-commissioned officers, musicians, and privates, preserving such part of the corps of engineers, without regard to that number, as may be required by the public interest; and including such reduction of the general staff as may be required by the state of the Army when reduced as herein proposed.

5. Resolved, That it is expedient that the appro

uation which would enable him to call them up at any time, he moved their reference to the Committee of the Whole on the state of the Union. Which motion was agreed to.

THURSDAY, November 23.
Missouri State Constitution-Citizenship of
Free Colored Persons.

Mr. LowDNES, from the select committee to whom was referred the constitution formed for their government by the people of Missouri, delivered in the following report:

The committee to whom has been referred the constitution of the State of Missouri respectfully report:

That they have not supposed themselves bound to inquire whether the provisions of the constitution referred to them be wise or liberal. The grave and difficult question as to the restraints which should be imposed upon the power of Missouri to form a constitution for itself was decided by the act of the last session, and the committee have had only to examine whether the provisions of the act have been complied with, In the opinion of the committee, they have been. The propositions, too, which were offered in the same act to the free acceptance or rejection of the people of Missouri, have all been accepted by them. But there remains a question too important to be overlooked.

We know that cases must often arise in which there may be a doubt whether the laws or constitution of a State do not transcend the line (sometimes the obscure line) which separates the powers of the different governments of our complex system. It appears to the committee, that, in general, it must be unwise in Congress to anticipate judicial decisions by the ex

position of an equivocal phrase, and that it would be yet more objectionable, by deciding on the powers of a State just emerged from territorial dependence, that it should give the weight of its authority to an opinion which might condemn the laws and constitutions of old, as well as sovereign States. The committee are not unaware that a part of the twenty-sixth section of the third article of the constitution of Missouri, by which the Legislature of the State has been directed to pass laws to prevent free negroes and mulattoes from coming to, and settling in, the State," has been construed to apply to such of that class as are citizens of the United States, and that their ex

clusion has been deemed repugnant to the Federal Constitution. The words which are objected to are to be found in the laws of at least one of the Middle States, (Delaware,) and a careful examination of the clause might perhaps countenance the opinion that it applies to the large class of free negroes and mulattoes who cannot be considered as the citizens of any State. But, of all the articles in our constitution, there is probably not one more difficult to construe well, than that which gives to the citizens of each State the privileges and immunities of citizens of the several States; there is not one, an attention to whose spirit is more necessary to the convenient and beneficial connection of the States; nor one of which too large a construction would more completely break down their defensive power, and lead more directly to their consolidation. This much, indeed, seems to be settled by the established constitutions of States in every section of the Union; that a State has a right to discriminate between the white and the black man, both in respect to political and civil privileges, though both be citizens of another State; to give to the one, for instance, the right of voting and of serving on juries, which it refuses to the other. How far this discrimination may be carried, is obviously a matter of nice and difficult inquiry. The committee do not propose to engage in it. They believe it best, whenever a case occurs which must necessarily involve the decision of it, that it should be remitted to judicial cognizance.

In this view (which narrows their inquiries and duties) the committee are confirmed, by a consider

ation of the embarrassments and disasters which a

[H. OF R.

abandoned. On the other hand, if Congress shall determine neither to expound clauses which are obscure, nor to decide constitutional questions which must be difficult and perplexing, equally interesting to old States, whom our construction could not, as to the new, whom it ought not to coerce, the rights and duties of Missouri will be left to the determination of the same temperate and impartial tribunal which has decided the conflicting claims, and received the confidence, of the other States.

The committee recommend the adoption of the following resolution:

the resolution therein referred to was read, as This report having been read by the Clerk, follows:

Whereas, in pursuance of an act of Congress passed on the sixth day of March, one thousand eight hundred and twenty, entitled "An act to authorize the people of the Missouri Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain Territories," the people of said Territory did, on the nineteenth day of July, in the year one thousand eight hundred and twenty, by a convention called for the purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican, and in conformity to the provisions of the said act:

Be it therefore resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Missouri shall be, and is hereby declared to be, one of the United States of America, and is admitted into the Union on an equal footing with the original States, in all respects whatever.

The resolution was then read a second time. Mr. LOWNDES moved to refer the resolution to a Committee of the Whole on the state of the Union, which would put it in the power of the House to act upon it at any time it thought proper. He need not say, that there was no disposition to act upon this subject without full notice to all parties concerned; and if no other person did, he should himself, when proposing to call for the consideration of the report, give a day or two notice of his intention to do so. Whilst up, he took occasion to say, that this report, as indeed all reports of committees, must be considered as the act of a majority of the committee, and not as expressing the sentiments of every individual of the committee. The reference was agreed to.

FRIDAY, November 24.

different course of proceeding might sometimes produce. When a people are authorized to form a State, and do so, the trammels of their territorial condition fall off. They have performed the act which makes them sovereign and independent. If they pass an unconstitutional law, and we leave it, as we should that of another State, to the decision of a judicial tribunal, the illegal act is divested of its force by the operation of a system with which we are familiar. The control of the General Government is exercised in each particular case, in support of individual right, and the State retains the condition which it has just acquired, and would not easily renounce. But a decision by Congress against the constitutionality of a law passed by a State which it had authorized the establishment, could not operate directly by vacating the law; nor is it believed that it could reduce the State to the dependence of a Territory. In these circumstances, to refuse admission into the Union to such a State, is to refuse to extend over it that judiAnother 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

Two members appeared and took their seats, viz: from Maryland, THOMAS CULBRETH, and from Virginia, JOHN TYLER.

MONDAY, November 27.

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

The engrossed bill to incorporate the Managers of the National Vaccine Institution, was read the third time; and, on the question of its passage

Mr. LIVERMORE, of New Hampshire, moved to recommit the bill, so as to allow of its being amended in one particular, and thus obviating the only objection which he had to its passage. His object was to incorporate in the bill the words "within the District of Columbia." There was not a general agreement of opinion as to the power of Congress to establish corporations to pervade the United States; but there was no doubt of its power within the District, to which therefore he wished expressly to limit the corporate authority proposed to be conferred by this bill.

by Dr. Smith, to establish an institution here in the capital of the country, from whence should issue gratuitously the vaccine matter to such States, counties, or towns, as should subscribe a certain amount for the establishment and en

couragement of this institution; by which means every class in society, the poor as well as the rich, would receive the matter free of expense. In six of the adjacent States $26,000 were subscribed on the 1st day of January last, and no doubt a considerable addition has been made during the present year to that sum. These subscriptions have been made to Dr. Smith, who is the agent for vaccination; and, in the event of his death, without the passage of some such bill as the one before you, would be lost to those who made them with such benevolent views. The bill does not propose to take from the Treasury one dollar, its only object is to withdraw from the hands of Dr. Smith the whole amount of those subscriptions, and place them under the control and direction of six discreet, judicious managers, who are named in the bill, and whose successors are to be appointed by the President of the United States. It has been under the hope of the securing the full benefit of such liberal subscriptions, that I have been induced to advocate the bill, and now ask for the concurrence of the House in its passage.

Mr. BURWELL, of Virginia, was opposed to 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. Mr. KENT, of Maryland, said, the gentleman from New Hampshire appeared to be under 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 Statesmen in favor of the bill had obviated the diffi

constitution, he was opposed to limiting, by words in the bill, what he considered as already limited by the constitution.

And the bill was passed, and sent to the Sen- expense, to introduce a small stove, or to put glass ate for concurrence.