Mr. Gerry said that he had heard nothing to show that Mr. Pinkney had ever accepted of his appointment, and therefore it ought to have been expressed that he had declined; but, granting he had resigned after accepting his appointment, he asserted that nothing had been offered to prove that resignations might not take place in one House as well as in the other; and the constitution plainly expresses that a Senator may resign. The House of Commons originated with the Kings, who formed that body to control the Lords; and hence arose the prohibition against resignations, as they would weaken the body, and the expense of a new election would fall on the King. With respect to the Executive declaring improper vacancies, he observed that Congress was invested with full power to control the Executives of the States in respect to such declarations.
Mr. Seney observed upon a distinction made by Mr. Giles between a resignation on the part of a Senator and a Member of the House, he supposed a resignation in either would equally vacate a seat, and that no difference did really exist.
Mr. Sedgwick observed that, if a power of adjudication was vested in the Executives of the States to determine on a vacancy in cases of resignation, it would involve this consequence, that a power of judging of vacancies in all possible cases would be the necessary result. He thought the proposition involved the most serious effects with respect to the privileges and independency of this House.
This subject was further discussed the next day, and ended in an acceptation of the report of the committee, which was in favor of Mr. Mercer's election.
Monday, December 5.
The House again resolved itself into a Committee of the whole House on the bill making appropriations for the support of Government, for the year one thousand seven hundred and ninety-two; and, after some time spent therein,
Ordered, That the said bill, with amendments, be recommitted to Mr. Laurance, Mr. Baldwin, and Mr. Ashe.
The Speaker laid before the House a letter from the Secretary of the Treasury, accompanying his report on the subject of manufactures, made pursuant to an order of the House of the fifteenth of January, one thousand seven hundred and ninety; which was read, and ordered to lie on the table.
The Speaker laid before the House a letter from the Treasury of the United States, accompanying his account of receipts and expenditures of the public moneys between the first of July, and the thirtieth of September, one thousand seven hundred and ninety-one; which were read and ordered to lie on the table.
Mr. Benson laid on the table a resolution for the appointment of a committee to join a committee of the Senate, to consider and report the most eligible manner of carrying into effect a former resolution of Congress respecting the erection of an Equestrian Statue, in honor of General Washington.