The bill, entitled, “An act to repeal an act, entitled ‘An act to establish a uniform system of bankruptcy throughout the United States,’” was read the third time; and, on motion, that the further consideration of this bill be postponed to the second Monday in December next, it passed in the negative--yeas 13, nays, 17, as follows:
YEAS.--Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Brown, Condit, Jackson, Israel Smith, Samuel Smith, Tracy, White, and Wright.
NAYS.--Messrs. Anderson, Breckenridge, Butler, Cocke, Dayton, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Plumer, Potter, John Smith, Venable, and Worthington.
On the question, “Shall this bill pass?” it was determined in the affirmative--yeas 17, nays 12, as follows:
YEAS.--Messrs. Anderson, Breckenridge, Butler, Cocke, Dayton, Ellery, Franklin, Hillhouse, Logan, Maclay, Olcott, Pickering, Plumer, Potter, John Smith, Venable, and Worthington.
NAYS.--Messrs. Adams, Armstrong, Bailey, Baldwin, Bradley, Brown, Condit, Israel Smith, Samuel Smith, Tracy, White, and Wright.
So it was _Resolved_, That this bill do pass.[5]
On motion, the Senate proceeded to ascertain the classes in which the Senators of the State of Ohio should be inserted, as the constitution and rule heretofore adopted prescribe; and it was ordered, that two lots, No. 2 and a blank, be by the Secretary rolled up and put in the ballot box; and it was understood that the Senator who should draw the lot No. 2 should be inserted in the class of Senators whose terms of service respectively expire in four years from and after the third day of March, 1803, in order to equalize the classes.
Accordingly, Mr. WORTHINGTON drew lot No. 2, and Mr. JOHN SMITH drew the blank.
It was then agreed that two lots, Nos. 1 and 3, should be by the Secretary rolled up and put into the ballot-box, and one of these be drawn by Mr. JOHN SMITH, the Senator from the State of Ohio, not classed; and it was understood that, if he should draw lot No. 1, he should be inserted in the class of Senators whose terms of service will respectively expire in two years from and after the third day of March, 1803; but, if he should draw lot No. 3, it was understood that he should be inserted in the class of Senators whose terms respectively expire in six years from and after the third day of March, 1803. Mr. JOHN SMITH drew lot No. 3, and is classed accordingly.