Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
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Title: Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
Author: United States. Congress
Editor: Thomas Hart Benton
Release date: August 14, 2012 [eBook #40499]
Most recently updated: October 23, 2024
Language: English
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*** START OF THE PROJECT GUTENBERG EBOOK ABRIDGMENT OF THE DEBATES OF CONGRESS, FROM 1789 TO 1856, VOL. 1 (OF 16) ***
BENTON'S ABRIDGMENT OF THE DEBATES OF CONGRESS.
ABRIDGMENT OF THE DEBATES OF CONGRESS,
FROM 1789 TO 1856.
FROM GALES AND SEATON'S ANNALS OF CONGRESS; FROM THEIR REGISTER OF
DEBATES; AND FROM THE OFFICIAL REPORTED DEBATES, BY JOHN C. RIVES.
BY
THE AUTHOR OF THE THIRTY YEARS' VIEW.
VOL. I.
NEW YORK:
D. APPLETON & COMPANY, 346 & 348 BROADWAY.
CHICAGO:
S. C. GRIGGS & CO., 111 LAKE ST.
1857.
ENTERED according to Act of Congress, in the year 1856, by
D. APPLETON AND COMPANY,
In the Clerk's Office of the District Court for the Southern District of New
York.
PREFACE.
The title-page discloses the sources from which this abridgment is made,
and shows them all to be authentic, and reliable,--well known to the
public, and sanctioned by resolves of Congress. Of the latter of these
authorities--"Gales and Seaton's Register of Debates," "The
Congressional Globe and Appendix, by Blair and Rives," and the same
afterwards by "John C. Rives"--it is not necessary to speak, further
than to remind the reader, that they are original reports, made either
by the publishers or their special reporters, and revised by the
speakers, and accepted as authority by Congress; and therefore needing
no historical elucidation to show their correctness. But of the
first--"The Annals of Congress by Gales and Seaton"--being a
compilation, a special, but brief notice is necessary to show the credit
to which they are entitled. And first, of the qualifications of the
compilers for their work. To education and talent, and a particular turn
for political disquisition and history, they added, at the time, more
than forty years' personal connection with the Debates of Congress, as
reporters and publishers of the speeches and proceedings in that body.
Both of these gentlemen reported, on extraordinary occasions; and both
with great aptitude and capacity for the business, and Mr. Gales
especially, (under whose particular care the compilation of the Annals
was made,)--of whom Mr. Randolph, a most competent judge, was accustomed
to say, that he was the most perfect reporter he had ever known--a
perfection which resulted not merely from manual facility in noting
down what was said, but from quickness and clearness of apprehension,
and a full knowledge of the subject spoken upon.[1] To this capacity for
the work, these gentlemen added peculiar advantages for knowing and
reaching the sources of information. The father of one of them, and the
father-in-law of the other,--(Mr. Joseph Gales, Senior,)--had been an
early reporter of the Debates of Congress;--in the time of Washington
and the first Mr. Adams,--and, of course, a collector and preserver of
all contemporary reports. These came into their hands, with ample
knowledge of all the sources from which further collections could be
made. To these capabilities and advantages, were added the pride of
character which exults in producing a perfect work;--and they spared
neither pains nor cost to produce such a work--and succeeded. The
following extracts from a letter of the late Mr. Justice Story, of the
Supreme Court of the United States, dated January 14th, 1837--and from
one from Mr. Justice McLean, still of that high court, dated 24th of
February, 1843--sufficiently attest the value of the Compilation, and
the excellence of its execution. Mr. Justice Story says:
"I have examined these volumes with great attention, and I am entirely
satisfied with the plan and execution of them. I have, for many years,
deemed the publication of the Debates in Congress, interwoven as they
should be, and as they are in your plan, with the proceedings
explanatory of them, one of the most important and valuable enterprises
for public patronage. In an historical view, it will reflect the
strongest and best lights upon the nature and operations of the
Government itself, its powers, its duties, and its policy. As a means of
expounding and interpreting the Constitution itself, it can scarcely be
over-estimated. When I was employed in the task of preparing my
Commentaries on the Constitution I constantly had recourse to this
source of information in all cases within my reach. I had occasion then
deeply to regret, however, that many of my researches terminated in
disappointment from there not being any complete collection of the
debates in print, or at least none in any one repository, or without
large chasms, which it was difficult if not impossible to supply. If
any such collection had existed, I am satisfied that it would have
enabled me to make my own work far more accurate, full, and satisfactory
than it now is. The Parliamentary Debates of England have been long
since published, and constitute, in a political and historical view,
some of the most authentic and useful documents for statesmen and
jurists which have ever issued from the press. They are an indispensable
part of the library of every real British statesman. A similar
publication of all the Debates in Congress would be, if possible, of
more permanent and extensive value to us, since questions of
constitutional law and general public policy are more frequent topics of
public debate here than in England. Indeed, I do not well see how
American statesmen, seeking a profound knowledge of the nature and
operations of our Government, can well do without them. At all events,
if published, they would and ought to be found in the library of every
American statesman, lawyer, and judge, who should aspire to an exact or
thorough knowledge of our Constitution, laws, or national policy."
Mr. Justice McLean says:
"I have read with much interest your proposal to publish the Debates in
Congress from the adoption of the Constitution. This is an undertaking
of great magnitude, and will require large expenditures: but the work
will embody a mass of information in regard to the history and policy of
the Government, which can be found nowhere else. There is no subject
within the action of the Government, which will not be found discussed
in these volumes. They will contain materials rich in facts and talent
for the writer of history, and will reward the researches of all who may
wish to acquire a thorough knowledge of our system of government. This
work when completed will become, I think, more interesting and valuable
to this country, than are the Parliamentary Debates in England. The
questions considered, (from the nature of our Government, and especially
in regard to our domestic relations,) are more diversified than the
Debates in Parliament; and I have no doubt, that the general ability
displayed in the American Congress, will not suffer in comparison with
that of the British Parliament. Our statesmen and jurists will find in
these Debates much to guide them in the performance of their public
duties; for it is from the history of that time that knowledge is
acquired for an enlightened public action. If our Government is to be
handed down to those who come after us, these volumes will increase in
value with the progress of time, and will be one of the richest
memorials of our early enterprise and patriotism, and the best evidence
of our national advancement."
And to these opinions of these two eminent jurists of the value of these
Annals, and the qualifications of the publishers for their task, and the
merits of their work, is to be added the encouraging opinion of Mr.
Madison, given at the commencement of the enterprise, in the year
1818,--near forty years ago,--when, in a letter to _Messrs._ Gales and
Seaton, he said:
"The work to which you have turned your thoughts, is one which justly
claims for it _my_ favorable wishes. A legislative history of our
country is of too much interest not to be at some day undertaken; and
the longer it is postponed, the more difficult and deficient the
execution becomes. In the event of your engaging in it, I shall
cheerfully contribute any suggestions in my power as to the sources from
which materials may be drawn; but I am not aware, at present, of any not
likely to occur to yourselves."
Such is the value which these eminent men place upon these annals of our
earlier Congresses, and these annals embrace the whole period during
which our Government was presided over by those who helped to make
it--the whole period from Washington to Monroe inclusive--a period of
thirty-five years, and covering more than half the time that our
Government has existed. The two Justices of the Supreme Court who gave
their opinion of the work, and who were then (as one of them still is)
in the actual discharge of great public duties, have declared the
personal benefit which they derived from the compilation--one of them
(Mr. Justice Story) going so far as to say that his own work--the
Commentaries upon the Constitution--(deemed faultless by others)--would
have been "more accurate, full and satisfactory," if the Annals had been
published before them. With such opinions in favor of the Annals, no
more need be said to show their value to the rising generations; and in
abridging them, the author feels that he is only making accessible to
the community what is now inaccessible to it, on account of quantity and
price; and useless (nearly), if accessible, on account of the obsolete
or irrelevant matter which overlays and buries the useful. As late as
the year 1840, the publishers of the Annals say, in a Memorial to
Congress, that they had sold to individuals but twenty sets of their
work; and the present enterprising and faithful publisher of the
Congress Debates, (Mr. John C. Rives,) says he sells but some three or
four sets a year of his valuable and voluminous work;--and these, not to
individuals, but to institutions. It is the Congress subscription alone,
that has enabled the publishers of all these works to bring them out;
and no public money was ever more worthily applied: but still Congress
cannot supply the community.
Mr. Madison, in his letter of characteristic modesty to _Messrs._ Gales
and Seaton, speaks of their (then) intended work, as one which justly
claimed _his_ favorable wishes. And well it might! for nowhere, in all
the just and impressive eulogiums which have been pronounced upon him,
does he appear to such advantage as in his own modest, temperate,
luminous, and patriotic speeches during his service in Congress--putting
that new Government into operation, of which he was one of the founders,
and giving to all its machinery, a smooth, clean, and harmonious
working. And so of innumerable others--illustrious men, and his
compatriots--national reputations in their day, but contracting into
local names under the progress of time, for want of a record of their
patriotic labors, of national circulation, and popular accessibility. Of
that character, it is the desire of the author to make this Abridgment.
It is to him a labor of love and of pride--resuscitating the patriotic
dead, putting them in scene again, passing them in long procession over
an extended domain--no one skipped, and each in his place, with the best
of his works in his hand. It is a work of justice to them, and may be of
advantage to the present age, and to posterity, by reproducing for study
and imitation, the words and conduct of the wise, just, modest,
patriotic, intelligent, and disinterested men, who carried their country
through a momentous revolution--moulded that country into one brotherly
Union--and then put the Government they had formed into operation, in
the same fraternal spirit of "_amity, mutual deference and concession_,"
in which they had made it.
INTRODUCTION.
The debates of Congress have been accruing for near seventy years, and
fill more than an hundred volumes, and cannot be purchased for less than
$500, nor advantageously used, on account of the quantity of superfluous
matter which they contain. They are printed in full by Congress, and
ought to be so, and a small distribution is made among the members; but
this distribution cannot reach the community, and would be nearly
useless if it did, from the quantity of obsolete, local and transient
matter which overloads them. In the mean time, these debates contain the
history of the working of our Government from its foundation--preserve
and hand down to posterity the wisdom of ages--show what has been done,
and how it was done--and shed light upon the study of all impending
questions; for there is not a question of the day, and will not be while
the Government continues, which will not be illustrated by something
previously said in these debates.
All works consisting of periodical accumulations require periodical
abridgment, in which, being relieved of what is superfluous, the
residuum becomes more valuable from the disencumbrance--of easier use to
the reader--and more accessible to the community, from the diminution of
price and quantity. Even the reports of the Supreme Court of the United
States, though comparatively free from redundant or obsolete matter,
have undergone abridgment--three volumes reduced to one--and become more
valuable from the reduction. The same may be done with these debates,
and with a far greater license of reduction, from the very nature of
popular debating. Some fifteen or sixteen octavo volumes, double
columns, are expected to contain all that retains a surviving interest
in the (more than) one hundred volumes, now surcharged with the full
debates.
The abridgment will not be restricted to the speeches of the celebrated
orators, but extend to those of the business men, and to the plainest
speakers--who are often the members who give the most useful
information. Full speeches are not expected to be given, there being
none, after a short time, which do not contain much matter that has lost
its interest. Many entire heads of reported proceedings and discussions
would be omitted: as--The morning presentation of petitions, often the
same for ten or twenty years, and presented in both Houses at the same
time: discussion on private bills, which have no general interest: mere
personalities: the endless repetition of yeas and nays, sometimes
recorded an hundred times in contests about the same bill, when three or
four sets would be sufficient to show the opinion of every member upon
every material point: repetitions of speeches, for it is impossible that
a member speaking for ten or twenty sessions on the same subject,
(tariff, internal improvement, national bank, &c.) should not repeat the
same thing over and over again.
The work is intended to be national, such as would commend itself to the
study, and come within the reach, of all who aspire to a share in the
public affairs, either State or Federal; or who wish to understand the
history and working of their own Government. It is the only way in which
the wisdom of the earlier generation of our statesmen who put the
Government into operation--the Madisons, Gallatins, John Marshalls,
William B. Giles, the Fisher Ames, Roger Shermans, &c.--can be made
known to the present or future ages; and it is the best way in which the
speeches of those who have lived in our own day, even the most eminent,
can be diffused. For the speeches of no one, published in mass and
alone, can have more than a local circulation; while judicious
selections from a whole debate, enlivened by the vivacity of contention,
going into a general work of this kind, must have a general circulation,
and carry the name of the speaker, and the best of his speaking, into
every part of the Union.
Some notes, or commentaries, will be added by the author, discriminated
from the text, to mark great starting, or turning points, in our
legislative history, with a view to assist the reader in making the
practical applications which give utility to knowledge. For example: At
the beginning of the first tariff debate in the first session of the
first Congress, he will show that Mr. Madison compressed into twenty-two
short lines, of eight or nine words each, all the principles of impost
and tonnage duties which have governed all wise legislation upon the two
subjects from that time to the present--namely: Specific duties the
rule--_ad valorems_ the exception: revenue the object--incidental
encouragement to home industry the incident: specifics on all the
leading and staple articles--_ad valorems_ on the inferior remainder:
discrimination between articles of luxury and necessity, so as to put
the burthen on the former--and between articles made, or not made, at
home, so as to give encouragement to the home article: and all these
duties moderate, so as not to shackle trade or agriculture. These were
his principles on impost duties. Those on tonnage consisted of
discriminations in favor of our own ships, and in favor of nations
having treaties of commerce with us, so as to encourage our own
ship-building and navigation, and also to stimulate all nations to make
commercial treaties with us. And thus, every object of impost
legislation was provided for:--revenue for the Government, encouragement
to home industry, exemption from burthen to trade and agriculture.
Then, at the end of that debate, (which began in April, and ended in
May,) it will be shown that a rate of duties was established,
corresponding with these principles--all moderate, and adapted each to
its object: five per centum on the lowest class of _ad valorems_, seven
and a half on the next, and fifteen for the highest, and it of luxuries.
The specific duties, applicable to the mass of the importations, at the
same low rate; and this low rate, on the small importation of that time,
and with the economy of that time, producing seven times the amount of
revenue necessary for the "_support_" of the Government! leaving six
sevenths to go to the public debt and Indian wars. The same rates of
duty, with the same economy, ought to be equally sufficient now upon a
sevenfold importation of dutiable goods.
The Emperor Justinian, in compiling his Institutes, commended their
study to the liberal-minded youth of the empire who aspired to
employment in the government; for that emperor, although a great and
victorious general, yet placed the arts of peace and government above
the exploits of war, and wished to see law and order, more than arms,
studied and cultivated in his dominion. The great Emperor Napoleon had
the same appreciation of legal and civil studies; and hence the Four
Codes, at the digest of which he personally assisted, and the
conception and execution of which do so much honor to his memory. In our
own government the career of public employment is open to all, and
should be prepared for by all who aspire to enter it. Of elementary
political works we have many, and excellent; but most of them only teach
principles, and that abstractly, without practice. Practical works are
wanted to complete the study, and of these the most ample and least
ungrateful may be a well-considered and impartial abridgment of the
Debates of Congress.
And here the Author discharges an obligation of gratitude and justice to
the earlier generation of our statesmen. He owes what he is to them. His
political principles were learnt in their school--his knowledge obtained
from their works--his patriotism confirmed by their example--his love of
the Union exalted by their teaching.
THE AUTHOR.
WASHINGTON CITY, May, 1856.
FIRST CONGRESS.--FIRST SESSION.
HELD AT THE CITY OF NEW YORK, MARCH 4 TO SEPTEMBER 29, 1789.
PRESIDENT OF THE UNITED STATES,--GEORGE WASHINGTON.
PROCEEDINGS[2] IN THE SENATE.
WEDNESDAY, March 4, 1789.
This being the day for the meeting of the new Congress, the following
members of the Senate appeared and took their seats:[3]
From New Hampshire, JOHN LANGDON and PAINE WINGATE.
From Massachusetts, CALEB STRONG.
From Connecticut, WILLIAM S. JOHNSON and OLIVER ELLSWORTH.
From Pennsylvania, WILLIAM MACLAY and ROBERT MORRIS.
From Georgia, WILLIAM FEW.
The members present not being a quorum, they adjourned from day to day,
until
WEDNESDAY, March 11.
When the same members being present as on the 4th instant, it was agreed
that a circular should be written to the absent members, requesting
their immediate attendance.
THURSDAY, March 12.
No additional members appearing, the members present adjourned from day
to day, until
WEDNESDAY, March 18.
When no additional members appearing, it was agreed that another
circular should be written to eight of the nearest absent members,
particularly desiring their attendance, in order to form a quorum.
THURSDAY, March 19.
WILLIAM PATERSON, from New Jersey, appeared and took his seat.
FRIDAY, March 20.
No additional member appeared.
SATURDAY, March 21.
RICHARD BASSETT, from Delaware, appeared and took his seat.
A sufficient number of members to form a quorum not appearing, the
members present adjourned from day to day, until
SATURDAY, March 28.
JONATHAN ELMER, from New Jersey, appeared and took his seat.
No other member appearing, an adjournment took place from day to day,
until
MONDAY, April 6.
RICHARD HENRY LEE, from Virginia, then appearing, took his seat and
formed a quorum of the whole Senators of the United States.
The credentials of the members present being read and ordered to be
filed, the Senate proceeded, by ballot, to the choice of a President for
the sole purpose of opening and counting the votes for President of the
United States.
JOHN LANGDON was elected.
_Ordered_, That Mr. ELLSWORTH inform the House of Representatives that a
quorum of the Senate is formed; that a President is elected for the sole
purpose of opening the certificates, and counting the votes of the
electors of the several States, in the choice of a President and Vice
President of the United States; and that the Senate is now ready, in the
Senate Chamber, to proceed in the presence of the House, to discharge
that duty; and that the Senate have appointed one of their members to
sit at the clerk's table, to make a list of the votes as they shall be
declared; submitting it to the wisdom of the House to appoint one or
more of their members for the like purpose.
Mr. ELLSWORTH reported that he had delivered the message; and Mr.
BOUDINOT, from the House of Representatives, informed the Senate that
the House is ready forthwith to meet them, to attend the opening and
counting of the votes of the electors of the President and Vice
President of the United States.
The Speaker and the members of the House of Representatives attended in
the Senate Chamber; and the President elected for the purpose of
counting the votes, declared that the Senate and House of
Representatives had met, and that he, in their presence, had opened and
counted the votes of the electors for President and Vice President of
the United States, which were as follows:
[Transcriber's Note: Legend Created to make table fit.]
A = George Washington, Esq.
B = John Adams, Esq.
C = Samuel Huntingdon, Esq.
D = John Jay, Esq.
E = John Hancock, Esq.
F = Robert H. Harrison, Esq.
G = George Clinton, Esq.
H = John Rutledge, Esq.
I = John Milton, Esq.
J = James Armstrong, Esq.
K = Edward Telfair, Esq.
L = Benjamin Lincoln, Esq.
STATES.
A B C D E F G H I J K L
New Hampshire, 5 5
Massachusetts, 10 10
Connecticut, 7 5 2
New Jersey, 6 1 .. 5
Pennsylvania, 10 8 .. .. 2
Delaware, 3 .. .. 3
Maryland, 6 .. .. .. .. 6
Virginia, 10 5 .. 1 1 .. 3
South Carolina, 7 .. .. .. 1 .. .. 6
Georgia, 5 .. .. .. .. .. .. .. 2 1 1 1
Total, 69 34 2 9 4 6 3 6 2 1 1 1
Whereby it appeared that GEORGE WASHINGTON, Esq. was elected President,
and JOHN ADAMS, Esq. Vice President of the United States of America.
Mr. MADISON, from the House of Representatives, thus addressed the
Senate:
MR. PRESIDENT: I am directed by the House of
Representatives to inform the Senate, that the House have
agreed that the notifications of the election of the
President and of the Vice President of the United States,
should be made by such persons, and in such manner, as the
Senate shall be pleased to direct.
And he withdrew.
Whereupon, the Senate appointed CHARLES THOMSON, Esq. to notify GEORGE
WASHINGTON, Esq. of his election to the office of President of the
United States of America, and Mr. SYLVANUS BOURN, to notify JOHN ADAMS,
Esq. of his election to the office of Vice President of the said United
States.
A letter was received from James Duane, Esq. enclosing resolutions of
the mayor, aldermen, and commonalty, of the city of New York, tendering
to Congress the use of the City Hall.
James Mathews was elected doorkeeper.
TUESDAY, April 7.
Messrs. ELLSWORTH, PATERSON, MACLAY, STRONG, LEE, BASSETT, FEW, and
WINGATE, were appointed a committee to bring in a bill for organizing
the Judiciary of the United States.
Messrs. ELLSWORTH, LEE, STRONG, MACLAY, and BASSETT, were appointed a
committee to prepare rules for the government of the two Houses in cases
of conference, and to take under consideration the manner of electing
chaplains, and to confer thereupon with a committee of the House of
Representatives.
The same committee were also to prepare rules for conducting the
business of the Senate.
WEDNESDAY, April 8.
The Senate proceeded to ballot for a Secretary, and SAMUEL ALYNE OTIS,
Esq. was elected.
Cornelius Maxwell was appointed messenger.
THURSDAY, April 9.
Messrs. LANGDON, JOHNSON, and FEW, were appointed a committee to make
arrangements for receiving the President, and were empowered to confer
with any committee of the House of Representatives that may be appointed
for that purpose.
MONDAY, April 13.
RALPH IZARD, from South Carolina, CHARLES CARROLL, from Maryland, and
GEORGE REED, from Delaware, appeared and took their seats.
The report of the committee to prepare rules for conducting the business
of the Senate was read, and ordered to lie for consideration.
Messrs. JOHNSON, IZARD, and MACLAY, were appointed a committee to confer
with any committee appointed on the part of the House of
Representatives, upon the future disposition of the papers in the office
of the late Secretary of Congress, and report thereon.
The committee appointed to make arrangements for receiving the
President, were directed to settle the manner of receiving the Vice
President also.
Mr. CARROLL and Mr. IZARD were added to the Judiciary Committee.
TUESDAY, April 14.
TRISTRAM DALTON, from Massachusetts, appeared and took his seat.
A letter was written to the mayor of the city of New York, by the
President of the Senate, acknowledging the respect shown to the
Government, and accepting of the offer made by him of the City Hall for
the use of Congress.
MONDAY, April 20.
JOHN HENRY, from Maryland, and JAMES GUNN, from Georgia, appeared and
took their seats.
Messrs. STRONG and IZARD were appointed a committee to wait on the Vice
President, and conduct him to the Senate Chamber.
TUESDAY, April 21.
The committee appointed to conduct the Vice President to the Senate
Chamber, executed their commission, and Mr. LANGDON, the Vice President
_pro tempore_, meeting the Vice President on the floor of the Senate
Chamber, addressed him as follows.
SIR: I have it in charge from the Senate, to introduce you
to the chair of this House; and, also, to congratulate you
on your appointment to the office of Vice President of the
United States of America.
[After which Mr. Langdon conducted the Vice President to the chair, when
the Vice President addressed the Senate in a speech of congratulation on
the successful formation of the Federal Union, the adoption of the
Federal Constitution, and the auspicious circumstances under which the
new government came into operation, under the presidency of him who had
led the American armies to victory, and conducted by those who had
contributed to achieve Independence.]
FRIDAY, April 24.
On motion, to reconsider the commission of the committee appointed the
23d instant, to report what titles shall be annexed to the offices of
President and Vice President. Passed in the affirmative.
On motion, that the following words, "What titles it will be proper to
annex to the offices of President and of Vice President of the United
States; if any other than those given in the Constitution," be struck
out. Passed in the negative.
On motion, that the words "style or" before the word "title," be added.
Passed in the affirmative.
SATURDAY, April 25.
The Right Reverend SAMUEL PROVOST was elected Chaplain.
A letter from CHARLES THOMSON, Esq., dated the 24th of April, 1789,
directed to the President of the Senate, purporting his having delivered
to General WASHINGTON the certificate of his being elected President of
the United States, was read, and ordered to be filed.
The committee appointed to consider of the time, place, and manner, in
which, and of the person by whom, the oath prescribed by the
Constitution shall be administered to the President of the United
States, and to confer with a committee of the House appointed for that
purpose, report:
That the President hath been pleased to signify to them,
that at any time or place which both Houses may think
proper to appoint, and any manner which shall appear most
eligible to them, will be convenient and acceptable to
him; that requisite preparations cannot probably be made
before Thursday next; that the President be on that day
formally received by both Houses in the Senate Chamber;
that the Representatives' Chamber being capable of
receiving the greater number of persons, that, therefore,
the President do take the oath in that place, and in the
presence of both Houses.
That, after the formal reception of the President in the
Senate Chamber, he be attended by both Houses to the
Representatives' Chamber, and that the oath be administered
by the Chancellor of the State of New York.
The committee farther report it as their opinion, that it
will be proper that a committee of both Houses be appointed
to take order for conducting the business. Read and
accepted.
Whereupon, Mr. LEE, Mr. IZARD, and Mr. DALTON, on the part of the
Senate, together with a committee that may be appointed on the part of
the House of Representatives, were empowered to take order for
conducting the business.
An order of the House of Representatives, concurring in the appointment
of a committee on their part to confer with a committee appointed on the
24th instant, on the part of the Senate, to consider and report, "what
style, &c., it will be proper to annex to the offices of President and
Vice President," was read, by which it appeared, that Mr. BENSON, Mr.
AMES, Mr. MADISON, Mr. CARROLL, and Mr. SHERMAN, were appointed on the
part of the House.
MONDAY, April 27.
The committee appointed to take order for conducting the ceremonial of
the formal reception, &c., of the President, reported:
That it appears to them more eligible that the oath should
be administered to the President in the outer gallery
adjoining the Senate Chamber, than in the Representatives'
Chamber, and therefore, submit to the respective Houses the
propriety of authorizing their committee to take order as
to the place where the oath shall be administered to the
President, the resolution of Saturday assigning the
Representatives' Chamber as the place, notwithstanding.
Read and accepted.
_Resolved_, That after the oath shall have been
administered to the President, he, attended by the Vice
President, and members of the Senate, and House of
Representatives, proceed to St. Paul's Chapel, to hear
divine service, to be performed by the Chaplain of Congress
already appointed. Sent to the House of Representatives for
concurrence.
TUESDAY, April 28.
Received from the House of Representatives, the report of a joint
committee on the ceremonial to be observed in administering the oath,
&c., to the President; and a bill to regulate the time and manner of
administering certain oaths. The report was read and ordered to lie on
the table; and the bill received its first reading.
THURSDAY, April 30.
Mr. LEE, in behalf of the committee appointed to take order for
conducting the ceremonial of the formal reception, &c., of the President
of the United States, having informed the Senate that the same was
adjusted, the House of Representatives were notified that the Senate
were ready to receive them in the Senate Chamber, to attend the
President of the United States, while taking the oath required by the
Constitution. Whereupon, the House of Representatives, preceded by their
Speaker, came into the Senate Chamber, and took the seats assigned them,
and the joint committee, preceded by their chairman, agreeably to order,
introduced the President of the United States to the Senate Chamber,
where he was received by the Vice President, who conducted him to the
chair, when the Vice President informed him, that "the Senate, and House
of Representatives of the United States, were ready to attend him to
take the oath required by the Constitution, and that it would be
administered by the Chancellor of the State of New York." To which the
President replied, he was ready to proceed; and being attended to the
gallery in front of the Senate Chamber, by the Vice President and
Senators, the Speaker and Representatives, and the other public
characters present, the oath was administered. After which, the
Chancellor proclaimed, "_Long live George Washington, President of the
United States_."
The PRESIDENT, having returned to his seat, after a short pause arose,
and addressed the Senate and House of Representatives as follows:[4]
_Fellow-Citizens of the Senate, and of the House of
Representatives:_
Among the vicissitudes incident to life, no event could
have filled me with greater anxieties than that of which
the notification was transmitted by your order, and
received on the 14th day of the present month. On the one
hand, I was summoned by my country, whose voice I can never
hear but with veneration and love, from a retreat which I
had chosen with the fondest predilection, and, in my
flattering hopes, with an immutable decision, as the asylum
of my declining years: a retreat which was rendered every
day more necessary, as well as more dear to me, by the
addition of habit to inclination, and of frequent
interruptions in my health, to the gradual waste committed
on it by time. On the other hand, the magnitude and
difficulty of the trust to which the voice of my country
called me, being sufficient to awaken in the wisest and
most experienced of her citizens a distrustful scrutiny
into his qualifications, could not but overwhelm with
despondence one, who, inheriting inferior endowments from
nature, and unpractised in the duties of civil
administration, ought to be peculiarly conscious of his own
deficiencies. In this conflict of emotions, all I dare aver
is, that it has been my faithful study to collect my duty
from a just appreciation of every circumstance by which it
might be effected. All I dare hope is that if, in executing
this task, I have been too much swayed by a grateful
remembrance of former instances, or by an affectionate
sensibility to this transcendent proof of the confidence of
my fellow-citizens, and have thence too little consulted my
incapacity as well as disinclination for the weighty and
untried cares before me, my error will be palliated by the
motives which misled me, and its consequences be judged by
my country, with some share of the partiality in which they
originated.
* * * * *
To the preceding observations I have one to add, which will
be most properly addressed to the House of Representatives.
It concerns myself, and will, therefore, be as brief as
possible. When I was first honored with a call into the
service of my country, then on the eve of an arduous
struggle for its liberties, the light in which I
contemplated my duty required that I should renounce every
pecuniary compensation. From this resolution I have in no
instance departed. And being still under the impressions
which, produced it, I must decline, as inapplicable to
myself, any share in the personal emoluments which may be
indispensably included in a permanent provision for the
executive department; and must accordingly pray that the
pecuniary estimates for the station in which I am placed
may, during my continuance in it, be limited to such actual
expenditures as the public good may be thought to require.
Having thus imparted to you my sentiments, as they have
been awakened by the occasion which brings us together, I
shall take my present leave; but not without resorting once
more to the benign Parent of the human race, in humble
supplication, that since He has been pleased to favor the
American people with opportunities for deliberating in
perfect tranquillity, and dispositions for deciding with
unparalleled unanimity on a form of Government for the
security of their union, and the advancement of their
happiness, so his divine blessing may be equally
conspicuous in the enlarged views, the temperate
consultations, and the wise measures, on which the success
of this Government must depend.
G. WASHINGTON.
_April 30, 1789._
The President, the Vice President, the Senate, and House of
Representatives, &c., then proceeded to St. Paul's Chapel, where divine
service was performed by the chaplain of Congress, after which the
President was reconducted to his house by the committee appointed for
that purpose.
The Vice President and Senate returned to the Senate Chamber; and,
Upon motion, unanimously agreed, That a committee of three should be
appointed to prepare an answer to the President's speech. Mr. JOHNSON,
Mr. PATERSON, and Mr. CARROLL, were elected.
THURSDAY, May 7.
The committee appointed to confer with such committee as might be
appointed on the part of the House of Representatives, to report what
style or titles it will be proper to annex to the offices of President
and of Vice President of the United States, if any other than those
given in the Constitution, reported.
Which report was ordered to lie for consideration.
The committee appointed to prepare an answer to the President's speech,
delivered to the Senate and House of Representatives of the United
States, reported as follows:
SIR: We, the Senate of the United States, return you our
sincere thanks for your excellent speech delivered to both
Houses of Congress; congratulate you on the complete
organization of the Federal Government; and felicitate
ourselves and our fellow-citizens on your elevation to the
office of President; an office highly important by the
powers constitutionally annexed to it, and extremely
honorable from the manner in which the appointment is made.
The unanimous suffrage of the elective body in your favor,
is peculiarly expressive of the gratitude, confidence, and
affection of the citizens of America, and is the highest
testimonial at once of your merit and their esteem. We are
sensible, sir, that nothing but the voice of your
fellow-citizens could have called you from a retreat,
chosen with the fondest predilection, endeared by habit,
and consecrated to the repose of declining years. We
rejoice, and with us all America, that, in obedience to the
call of our common country, you have returned once more to
public life. In you all parties confide; in you all
interests unite; and we have no doubt that your past
services, great as they have been, will be equalled by your
future exertions; and that your prudence and sagacity as a
statesman will tend to avert the dangers to which we are
exposed, to give stability to the present Government, and
dignity and splendor to that country, which your skill and
valor, as a soldier, so eminently contributed to raise to
independence and empire.
When we contemplate the coincidence of circumstances, and
wonderful combination of causes, which gradually prepared
the people of this country for independence; when we
contemplate the rise, progress, and termination of the late
war, which gave them a name among the nations of the earth;
we are, with you, unavoidably led to acknowledge and adore
the great Arbiter of the universe, by whom empires rise and
fall. A review of the many signal instances of divine
interposition in favor of this country claims our most
pious gratitude; and permit us, sir, to observe, that,
among the great events which have led to the formation and
establishment of a Federal Government, we esteem your
acceptance of the office of President as one of the most
propitious and important.
In the execution of the trust reposed in us, we shall
endeavor to pursue that enlarged and liberal policy to
which your speech so happily directs. We are conscious that
the prosperity of each State is inseparably connected with
the welfare of all, and that, in promoting the latter, we
shall effectually advance the former. In full persuasion of
this truth, it shall be our invariable aim to divest
ourselves of local prejudices and attachments, and to view
the great assemblage of communities and interests committed
to our charge with an equal eye. We feel, sir, the force,
and acknowledge the justness of the observation, that the
foundation of our national policy should be laid in private
morality. If individuals be not influenced by moral
principles, it is in vain to look for public virtue; it is,
therefore, the duty of legislators to enforce, both by
precept and example, the utility, as well as the necessity,
of a strict adherence to the rules of distributive justice.
We beg you to be assured that the Senate will, at all
times, cheerfully co-operate in every measure which may
strengthen the Union, conduce to the happiness, or secure
and perpetuate the liberties of this great confederated
republic.
We commend you, sir, to the protection of Almighty God,
earnestly beseeching him long to preserve a life so
valuable and dear to the people of the United States; and
that your administration may be prosperous to the nation,
and glorious to yourself.
Read and accepted; and
_Ordered_, That the Vice President should affix his
signature to the address, in behalf of the Senate.
FRIDAY, May 8.
The report of the committee appointed to determine "What style or title
it will be proper to annex to the offices of President and Vice
President of the United States, if any other than those given in the
Constitution;" and to confer with a committee of the House of
Representatives appointed for the same purpose, was considered, and
disagreed to.
The question was taken, "Whether the President of the United States
shall be addressed by the title of _His Excellency_?" and it passed in
the negative.
On motion that a committee of three be appointed to consider and report
under what title it will be proper for the Senate to address the
President of the United States, Mr. LEE, Mr. ELLSWORTH, and Mr. JOHNSON,
were elected.
SATURDAY, May 9.
A message from the House of Representatives informed the Senate that
they had accepted the report of the committee appointed to consider what
style or title it will be proper to annex to the offices of President
and Vice President of the United States, if any other than those given
in the Constitution.
_Ordered_, That Mr. FEW, Mr. MACLAY, and Mr. STRONG, be a
committee to view the apartments in the City Hall, and to
confer with any committee that may be appointed by the
House of Representatives for that purpose, and report how
the same shall be appropriated.
The committee appointed to consider under what title it will be proper
for the Senate to address the President of the United States, reported;
the consideration of which was postponed until Monday next.
The Secretary was charged with a message to the House of
Representatives, with the order of Senate passed the 7th instant, on the
mode adopted by the Senate in receiving communications from that House.
_Ordered_, That Mr. LEE, Mr. ELLSWORTH, and Mr. JOHNSON, be
a committee to confer with any committee to be appointed by
the House of Representatives, on the difference of opinion
now subsisting between the two Houses, respecting the title
of the President of the United States; and, on motion for
reconsideration, the instruction to the committee was
agreed to, as follows:
"That they consider and report under what title it will be
proper for the President of the United States in future to
be addressed, and confer thereon with such committee as the
House of Representatives may appoint for that purpose."
The Secretary carried to the House of Representatives the appointment of
a committee, on the part of the Senate, to view the rooms in the City
Hall, and to confer upon their appropriation;
The rejection of the report of the committee appointed to consider what
style, &c., it will be proper to annex to the offices of President and
of Vice President;
And the appointment of a committee on the part of the Senate to confer
on a title under which it will be proper to address the President of the
United States.
MONDAY, May 11.
_Ordered_, That the consideration of the report of the
committee upon "the title by which it will be proper for
the Senate to address the President," be postponed until
Tuesday next.
TUESDAY, May 12.
_Ordered_, That the committee appointed the 9th of May, to
consider "by what title it will be proper for the Senate to
address the President of the United States", be instructed
to confer with the committee of the House of
Representatives, agreeably to the proposition in their
message of this day.
A motion for the committee, appointed to address the
President, to proceed, was postponed to Thursday next.
THURSDAY, May 14.
The committee, appointed the 9th instant, to determine "under what title
it will be proper for the Senate to address the President," and to
confer with a committee of the House of Representatives "upon the
disagreeing votes of the Senate and House," informed the Senate that
they had conferred with a committee of the House of Representatives, but
could not agree upon a report.
The committee appointed the 9th instant, "to consider and report under
what title it will be proper for the Senate to address the President of
the United States of America," reported:
That, in the opinion of the committee, it will be proper
thus to address the President: "_His Highness, the
President of the United States of America, and Protector of
their Liberties_."
Which report was postponed; and the following resolve was agreed to, to
wit:
From a decent respect for the opinion and practice of
civilized nations, whether under monarchical or republican
forms of Government, whose custom is to annex titles of
respectability to the office of their Chief Magistrate; and
that, on intercourse with foreign nations, a due respect
for the majesty of the people of the United States may not
be hazarded by an appearance of singularity, the Senate
have been induced to be of opinion, that it would be proper
to annex a respectable title to the office of President of
the United States; but, the Senate, desirous of preserving
harmony with the House of Representatives, where the
practice lately observed in presenting an address to the
President was without the addition of titles, think it
proper, for the present, to act in conformity with the
practice of that House: therefore,
_Resolved_, That the present address be "_To the President
of the United States_," without addition of title.
A motion was made to strike out the preamble as far as the words "but
the Senate;" which passed in the negative:
And on motion for the main question, it passed in the affirmative.
The committee appointed to consider and report a mode of carrying into
effect the provision in the second clause of the third section of the
first article of the Constitution, reported;
Whereupon,
_Resolved_, That the Senators be divided into three
classes;
The first to consist of Mr. Langdon, Mr. Johnson, Mr.
Morris, Mr. Henry, Mr. Izard, and Mr. Gunn;
The second of Mr. Wingate, Mr. Strong, Mr. Paterson, Mr.
Bassett, Mr. Lee, Mr. Butler, and Mr. Few;
And the third of Mr. Dalton, Mr. Ellsworth, Mr. Elmer, Mr.
Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson.
That three papers of an equal size, numbered 1, 2, and 3,
be, by the Secretary, rolled up and put into a box, and
drawn by Mr. Langdon, Mr. Wingate, and Mr. Dalton, in
behalf of the respective classes, in which each of them are
placed; and that the classes shall vacate their seats in
the Senate, according to the order of numbers drawn for
them, beginning with No. 1.
And that, when Senators shall take their seats from States
that have not yet appointed Senators, they shall be placed
by lot in the foregoing classes, but in such manner as
shall keep the classes as nearly equal as may be in
numbers.
The committee appointed to confer with a committee of the House of
Representatives, in preparing proper rules to be established for the
enrolment, &c. of the acts of Congress, reported; which report was
ordered to lie for consideration.
_Ordered_, That the committee appointed to draft an answer
to the President's speech, wait on him, and request him to
appoint the time when it will be agreeable to receive the
address of the Senate, at his own house.
FRIDAY, May 15.
The committee appointed to draft an answer to the President's speech
further reported; whereupon it was
_Agreed_, That the Senate should wait on the President at
his own house on Monday next, at a quarter after 11
o'clock, and that the Vice President then present the
address of the Senate, as agreed to on the 7th instant.
The Senate proceeded to determine the classes, agreeably to the resolve
of yesterday, on the mode of carrying into effect the provision of the
second clause of the third section of the first article of the
Constitution; and the numbers being drawn, the classes were determined
as follows:
Lot No. 1, drawn by Mr. Dalton, contained Mr. Dalton, Mr. Ellsworth, Mr.
Elmer, Mr. Maclay, Mr. Read, Mr. Carroll, and Mr. Grayson; whose seats
shall, accordingly, be vacated in the Senate at the expiration of the
second year.
Lot No. 2. drawn by Mr. Wingate, contained Mr. Wingate, Mr. Strong, Mr.
Paterson, Mr. Bassett, Mr. Lee, Mr. Butler, and Mr. Few; whose seats
shall, accordingly, be vacated in the Senate at the expiration of the
fourth year.
Lot No. 3, drawn by Mr. Langdon, contained Mr. Langdon, Mr. Johnson, Mr.
Morris, Mr. Henry, Mr. Izard, and Mr. Gunn; whose seats shall,
accordingly, be vacated in the Senate at the expiration of the sixth
year.
MONDAY, May 18.
Agreeably to the order of the 15th instant, the Senate waited on the
President of the United States at his own house, when the Vice
President, in their name, delivered to the President the address agreed
to on the 7th instant. To which the President of the United States was
pleased to make the following reply:
GENTLEMEN: I thank you for your address, in which the most
affectionate sentiments are expressed in the most obliging
terms. The coincidence of circumstances which led to this
auspicious crisis, the confidence reposed in me by my
fellow-citizens, and the assistance I may expect from
counsels which will be dictated by an enlarged and liberal
policy, seem to presage a more prosperous issue to my
administration than a diffidence of my abilities had taught
me to anticipate. I now feel myself inexpressibly happy in
a belief that Heaven, which has done so much for our infant
nation, will not withdraw its providential influence before
our political felicity shall have been completed, and in a
conviction that the Senate will at all times co-operate in
every measure which may tend to promote the welfare of this
confederated republic. Thus supported by a firm trust in
the great Arbiter of the universe, aided by the collective
wisdom of the Union, and imploring the divine benediction
on our joint exertions in the service of our country, I
readily engage with you in the arduous but pleasing task of
attempting to make a nation happy.
G. WASHINGTON.
THURSDAY, May 21.
WILLIAM GRAYSON, from Virginia, appeared and took his seat.
_Resolved_, That all bills on a second reading shall be
considered by the Senate in the same manner as if the
Senate were in a committee of the whole, before they shall
be taken up and proceeded on by the Senate, agreeably to
the standing rules, unless otherwise ordered.
MONDAY, May 25.
The Senate to-day, for the first time, entered upon executive business,
having received from the President of the United States a communication
covering a report from the Secretary of War, on the negotiations of the
Governor of the Western Territory with certain northern and
north-western Indians, and the treaties made in consequence thereof at
Fort Harmar, on the 9th of January, 1789, which was read, and ordered to
lie on the table.
THURSDAY, May 28.
The Senate proceeded in the consideration of the bill for laying a duty
on goods, wares and merchandises imported into the United States; and,
after debate, adjourned.
WEDNESDAY, June 3.
_Ordered_, That Mr. LANGDON administer the oath to the Vice President;
which was done accordingly.
And the Vice President administered the oath according to law, to the
following members: to Messrs. LANGDON, WINGATE, STRONG, DALTON, JOHNSON,
ELLSWORTH, PATERSON, MACLAY, MORRIS, READ, BASSETT, CARROLL, HENRY, LEE,
GRAYSON, IZARD, FEW, GUNN.
The same oath was, by the Vice President, administered to the Secretary,
together with the oath of office.
MONDAY, June 8.
PIERCE BUTLER, from South Carolina, appeared and took his seat.
The Vice President administered the oath to Mr. Butler.
TUESDAY, June 16.
The Senate entered on executive business. A communication from the
President informed them that Mr. JEFFERSON wished to return home, and he
proposed WILLIAM SHORT, Esq. to take his place as minister to France.
Laid on the table.
WEDNESDAY, June 17.
The Senate went into executive business. They examined into the fitness
of Mr. SHORT to supply the place of Mr. JEFFERSON, but came to no
conclusion.
THURSDAY, June 18.
The Senate went into executive business, and confirmed the appointment
of Mr. SHORT to take charge of our affairs at the court of France,
during the absence of the minister.
THURSDAY, June 25.
The Senate proceeded to the consideration of the bill for establishing
an Executive Department, to be denominated the Department of Foreign
Affairs; which was read the first time, and ordered to lie for
consideration.
FRIDAY, July 17.
On motion, that, on the final question upon a bill or resolve, any
member shall have a right to enter his protest or dissent on the
journal, with reasons in support of such dissent, provided the same be
offered within two days after the determination on such final question:
Passed in the negative.
TUESDAY, July 21.
The Senate entered on executive business, and
_Ordered_, That the Secretary of Foreign Affairs attend the Senate
to-morrow, and bring with him such papers as are requisite to give full
information relative to the consular convention between France and the
United States.
WEDNESDAY, July 22.
The Senate were to-day mostly engaged in executive business. The
Secretary of Foreign Affairs attended, agreeably to order, and made the
necessary explanations; and the following resolution was entered
into.[5]
SATURDAY, July 25.
RUFUS KING, from New York, appeared, and took his seat.
MONDAY, July 27.
PHILIP SCHUYLER, from New York, appeared, and took his seat.
TUESDAY, July 28.
On motion, the Senators from the State of New York proceeded to draw
lots for their classes, in conformity to the resolve of the 14th of May;
and two lots, No. 3, and a blank, being, by the Secretary, rolled up and
put into the box, Mr. SCHUYLER drew blank; and Mr. KING having drawn No.
3, his seat shall accordingly be vacated in the Senate at the expiration
of the sixth year.
The Secretary proceeded to put two other lots into the box, marked Nos.
1 and 2; and Mr. SCHUYLER having drawn lot No. 1, his seat shall
accordingly be vacated in the Senate at the expiration of the second
year.
MONDAY, August 3.
The Senate entered on executive business. The President communicated to
them a list of about one hundred appointments as collectors, naval
officers, and surveyors. The Senate advised and consented to about
one-half the list; the rest lay till to-morrow.
TUESDAY, August 4.
A message from the House of Representatives brought up a bill for making
compensation to the President and Vice President of the United States,
and desired the concurrence of the Senate therein;
Together with the appointment of Messrs. WADSWORTH, CARROLL, and
HARTLEY, a committee, to join with a committee of the Senate to be
appointed for the purpose, "to consider of and report when it will be
convenient and proper that an adjournment of the present session of
Congress should take place; and to consider and report such business,
now before Congress, necessary to be finished before the adjournment,
and such as may be conveniently postponed to the next session; and,
also, to consider and report such matters, not now before Congress, but
which it will be necessary should be considered and determined by
Congress before an adjournment."
The Senate again entered on executive business, and advised and
confirmed all the remainder of the list of appointments presented
yesterday, one excepted.
FRIDAY, August 7.
The Senate, in the absence of the Vice President, proceeded to elect a
President _pro tempore_; and the votes being collected and counted, the
Honorable JOHN LANGDON was unanimously appointed.
A message from the President of the United States, by General Knox:
_Gentlemen of the Senate:_
The business which has hitherto been under the
consideration of Congress has been of so much importance,
that I was unwilling to draw their attention from it to any
other subject. But the disputes which exist between some of
the United States and several powerful tribes of Indians,
within the limits of the Union, and the hostilities which
have, in several instances, been committed on the
frontiers, seem to require the immediate interposition of
the General Government.
I have, therefore, directed the several statements and
papers which have been submitted to me on this subject, by
General Knox, to be laid before you for your information.
While the measures of Government ought to be calculated to
protect its citizens from all injury and violence, a due
regard should be extended to those Indian tribes whose
happiness, in the course of events, so materially depends
on the national justice and humanity of the United States.
If it should be the judgment of Congress that it would be
most expedient to terminate all differences in the southern
district, and to lay the foundation for future confidence,
by an amicable treaty with the Indian tribes in that
quarter, I think proper to suggest the consideration of the
expediency of instituting a temporary commission for that
purpose, to consist of three persons, whose authority
should expire with the occasion. How far such a measure,
unassisted by posts, would be competent to the
establishment and preservation of peace and tranquillity on
the frontiers, is also a matter which merits your serious
consideration.
GEO. WASHINGTON.
NEW YORK, _August 7, 1789_.
The above message was ordered to lie for consideration.[6]
Mr. MORRIS, in behalf of the committee on the bill for allowing a
compensation to the President and Vice President of the United States,
reported an amendment, to wit:
To expunge, in the provision for the Vice President, "five
thousand dollars," and insert "six thousand dollars."
On motion to reduce the provision for the President of the United
States, from "twenty-five thousand" to "twenty thousand dollars:"
Passed in the negative.
On motion to make the provision for the Vice President eight thousand
dollars, instead of five thousand dollars:
Passed in the negative.
The Senate entered on executive business.
The following message from the President was laid before them:
_Gentlemen of the Senate:_
My nomination of Benjamin Fishbourn for the place of naval
officer of the port of Savannah not having met with your
concurrence, I now nominate Lachlan McIntosh for that
office.[7]
Whatever may have been the reasons which induced your
dissent, I am persuaded they were such as you deemed
sufficient. Permit me to submit to your consideration
whether, on occasions where the propriety of nominations
appears questionable to you, it would not be expedient to
communicate that circumstance to me, and thereby avail
yourselves of the information which led me to make them,
and which I would with pleasure lay before you. Probably my
reasons for nominating Mr. Fishbourn may tend to show that
such a mode of proceeding, in such cases, might be useful.
I will, therefore, detail them.
First. While Colonel Fishbourn was an officer, in actual
service, and chiefly under my own eye, his conduct appeared
to me irreproachable; nor did I ever hear any thing
injurious to his reputation as an officer or a gentleman.
At the storming of Stony Point, his behavior was
represented to have been active and brave, and he was
charged by his General to bring the account of that
success to the head quarters of the army.
Secondly. Since his residence in Georgia, he has been
repeatedly elected to the Assembly as a representative of
the county of Chatham, in which the port of Savannah is
situated, and sometimes of the counties of Glynn and
Camden; he has been chosen a member of the executive
council of the State, and has lately been president of the
same; he has been elected by the officers of the militia,
in the county of Chatham, lieutenant-colonel of the militia
in that district; and, on a very recent occasion, to wit,
in the month of May last, he has been appointed by the
council (on the suspension of the late collector) to an
office in the port of Savannah, nearly similar to that for
which I nominated him; which office he actually holds at
this time. To these reasons for nominating Mr. Fishbourn, I
might add that I received private letters of
recommendation, and oral testimonials in his favor, from
some of the most respectable characters in that State; but
as they were secondary considerations with me, I do not
think it necessary to communicate them to you.
It appeared, therefore, to me, that Mr. Fishbourn must have
enjoyed the _confidence_ of the militia officers, in order
to have been elected to a military rank; the _confidence_
of the freemen, to have been elected to the Assembly; the
_confidence_ of the Assembly, to have been selected for the
council; and the _confidence_ of the council, to have been
appointed collector of the port of Savannah.
GEO. WASHINGTON.
NEW YORK, _August 6, 1789_.
FRIDAY, August 21.
The Senate entered on executive business. They proceeded to consider the
report made by Mr. IZARD, yesterday, as follows:
The committee appointed to wait on the President of the United States,
and confer with him on the mode of communication proper to be pursued
between him and the Senate, in the formation of treaties, and making
appointments to offices, reported:
Which report was agreed to. Whereupon,
_Resolved_, That when nominations shall be made in writing
by the President of the United States to the Senate, a
future day shall be assigned, unless the Senate unanimously
direct otherwise, for taking them into consideration; that
when the President of the United States shall meet the
Senate in the Senate Chamber, the President of the Senate
shall have a chair on the floor, be considered as at the
head of the Senate, and his chair shall be assigned to the
President of the United States; that when the Senate shall
be convened by the President of the United States to any
other place, the President of the Senate and Senators shall
attend at the place appointed. The Secretary of the Senate
shall also attend to take the minutes of the Senate.
That all questions shall be put by the President of the
Senate, either in the presence or absence of the President
of the United States; and the Senators shall signify their
assent or dissent by answering _viva voce_, aye or no.[8]
Another message was received from the President, viz:
_Gentlemen of the Senate:_
The President of the United States will meet the Senate, in
the Senate Chamber, at half-past eleven o'clock to-morrow,
to advise with them on the terms of the treaty to be
negotiated with the Southern Indians.
GEO. WASHINGTON.
NEW YORK, _August 21, 1789_.
SATURDAY, August 22.
The Senate again entered on executive business.
The President of the United States came into the Senate Chamber,
attended by General Knox, and laid before the Senate the following
statement of facts, with the questions thereto annexed, for their advice
and consent:
[Here follows the statement of facts, and the questions
thereto annexed, and the answer of the Senate to each
question.]
MONDAY, August 24.
The Senate was to-day wholly engaged in executive business.
The President of the United States being present in the Senate Chamber,
attended by General Knox,
The Senate resumed the consideration of the state of facts and questions
thereto annexed, laid before them by the President of the United States,
on Saturday last. And the first question, viz: "In the present state of
affairs between North Carolina and the United States, will it be proper
to take any other measures for redressing the injuries of the Cherokees
than the one herein suggested?" being put, was answered in the
negative.[9]
The third question, viz: "If the commissioners shall adjudge that the
Creek nation was fully represented at the three treaties with Georgia,
and that the cessions of land were obtained with the full understanding
and free consent of the acknowledged proprietors, and that the said
treaties ought to be considered as just and equitable: in this case,
shall the commissioners be instructed to insist on a formal renewal and
confirmation thereof? and, in case of a refusal, shall they be
instructed to inform the Creeks that the arms of the Union shall be
employed to compel them to acknowledge the justice of the said
cessions?" was wholly answered in the affirmative.
The fourth question, and its four subdivisions, viz: "But if the
commissioners shall adjudge that the said treaties were formed with an
inadequate or unauthorized representation of the Creek nation, or that
the treaties were held under circumstances of constraint or unfairness
of any sort, so that the United States could not, with justice and
dignity, request or urge a confirmation thereof: in this case, shall the
commissioners, considering the importance of the Oconee lands to
Georgia, be instructed to use their highest exertions to obtain a
cession of said lands? If so, shall the commissioners be instructed, if
they cannot obtain the said cessions on better terms, to offer for the
same, and for the further great object of attaching the Creeks to the
Government of the United States, the following conditions:
"1st. A compensation in money or goods, to the amount of ---- dollars;
the said amount to be stipulated to be paid by Georgia at the period
which shall be fixed, or in failure thereof, by the United States.
"2d. A secure port on the Altamaha or on St. Mary's river, or at any
other place between the same, as may be mutually agreed to by the
commissioners and the Creeks.
"3d. Certain pecuniary considerations to some, and honorary military
distinctions to other influential chiefs, on their taking oaths of
allegiance to the United States.
"4th. A solemn guarantee by the United States to the Creeks of their
remaining territory, and to maintain the same, if necessary, by a line
of military posts," was wholly answered in the affirmative. The blank to
be filled at the discretion of the President of the United States.
The fifth question, viz: "But if all offers should fail to induce the
Creeks to make the desired cessions to Georgia, shall the commissioners
make it an ultimatum?" was answered in the negative.
The sixth question being divided, the first part, containing as follows,
viz: "If the said cessions shall not be made an ultimatum, shall the
commissioners proceed and make a treaty, and include the disputed lands
within the limits which shall be assigned to the Creeks?" was answered
in the negative.
The remainder, viz: "If not, shall a temporary boundary be marked,
making the Oconee the line, and the other parts of the treaty be
concluded?"
"In this case, shall a secure port be stipulated, and the pecuniary and
honorary considerations granted?"
"In other general objects shall the treaties formed at Hopewell, with
the Cherokees, Chickasaws, and Choctaws, be the basis of a treaty with
the Creeks?" were all answered in the affirmative.
On the seventh question, viz: "Shall the sum of twenty thousand dollars,
appropriated to Indian expenses and treaties, be wholly applied, if
necessary, to a treaty with the Creeks? if not, what proportion?" It was
agreed to advise and consent to appropriate the whole sum, if necessary,
at the discretion of the President of the United States.
The President of the United States withdrew from the Senate Chamber, and
the Vice President put the question of adjournment; to which the Senate
agreed.
WEDNESDAY, September 16.
The following message from the President of the United States was
received by the Secretary of War.
_Gentlemen of the Senate:_
The Governor of the Western Territory has made a statement
to me of the reciprocal hostilities of the Wabash Indians,
and the people inhabiting the frontiers bordering on the
river Ohio, which I herewith lay before Congress.
The United States, in Congress assembled, by their acts of
the 21st day of July, 1787, and of the 12th August, 1788,
made a provisional arrangement for calling forth the
militia of Virginia and Pennsylvania in the proportions
therein specified.
As the circumstances which occasioned the said arrangement
continue nearly the same, I think proper to suggest to your
consideration the expediency of making some temporary
provision for calling forth the militia of the United
States for the purposes stated in the constitution, which
would embrace the cases apprehended by the Governor of the
Western Territory.
GEO. WASHINGTON.
_September_ 16, 1789.
THURSDAY, September 17.
The Senate entered on executive business.
The following message was received from the President of the United
States:
_Gentlemen of the Senate:_
It doubtless is important that all treaties and compacts
formed by the United States with other nations, whether
civilized or not, should be made with caution and executed
with fidelity.
It is said to be the general understanding and practice of
nations, as a check on the mistakes and indiscretions of
ministers or commissioners, not to consider any treaty
negotiated and signed by such officers as final and
conclusive, until ratified by the sovereign or government
from whom they derive their powers. This practice has been
adopted by the United States respecting their treaties with
European nations, and I am inclined to think it would be
advisable to observe it in the conduct of our treaties with
the Indians; for though such treaties being, on their part,
made by their chiefs or rulers, need not be ratified by
them, yet, being formed on our part by the agency of
subordinate officers, it seems to be both prudent and
reasonable that their acts should not be binding on the
nation until approved and ratified by the Government. It
strikes me that this point should be well considered and
settled, so that our national proceedings, in this respect,
may become uniform, and be directed by fixed and stable
principles.
The treaties with certain Indian nations, which were laid
before you with my message of the 25th May last, suggested
two questions to my mind, viz: 1st, Whether those treaties
were to be considered as perfected, and, consequently, as
obligatory, without being ratified? If not, then, 2dly,
Whether both, or either, and which of them, ought to be
ratified? On these questions I request your opinion and
advice.
You have, indeed, advised me "_to execute and enjoin an
observance of_" the treaty with the Wyandots, &c. You,
gentlemen, doubtless intended to be clear and explicit; and
yet, without further explanation, I fear I may
misunderstand your meaning: for if by my _executing_ that
treaty you mean that I should make it (in a more particular
and immediate manner than it now is) the act of Government,
then it follows that I am to ratify it. If you mean by my
_executing it_ that I am to see that it be carried into
effect and operation, then I am led to conclude, either
that you consider it as being perfect and obligatory in its
present state, and therefore to be executed and observed;
or that you consider it to derive its completion and
obligation from the silent approbation and ratification
which my proclamation may be construed to imply. Although I
am inclined to think that the latter is your intention, yet
it certainly is best that all doubts respecting it be
removed.
Permit me to observe, that it will be proper for me to be
informed of your sentiments relative to the treaty with the
Six Nations, previous to the departure of the Governor of
the Western Territory; and therefore I recommend it to
your early consideration.
GEO. WASHINGTON.
_September_ 17, 1789.
_Ordered_, That the President's message be committed to
Messrs. CARROLL, KING, and READ.
FRIDAY, September 18.
The Senate entered on executive business.
Mr. CARROLL, on behalf of the committee appointed yesterday, reported as
follows:
The committee, to whom was referred a message from the President of the
United States of the 17th September, 1789, report:
That the signature of treaties with the Indian nations has
ever been considered as a full completion thereof, and that
such treaties have never been solemnly ratified by either
of the contracting parties, as hath been commonly practised
among the civilized nations of Europe: wherefore the
committee are of opinion that the formal ratification of
the treaty concluded at Fort Harmar on the 9th day of
January, 1789, between Arthur St. Clair, Governor of the
Western Territory, on the part of the United States, and
the sachems and warriors of the Wyandot, Delaware, Ottawa,
Chippewa, Pattiwattima, and Sac Nations, is not expedient
or necessary; and that the resolve of the Senate of the 8th
September, 1789, respecting the said treaty, authorizes the
President of the United States to enjoin a due observance
thereof.
TUESDAY, September 29.
The following communications from the President were received by Mr.
Jay:
_Gentlemen of the Senate:_
His Most Christian Majesty, by a letter dated the 7th of
June last, addressed to the President and members of the
General Congress of the United States of North America,
announces the much lamented death of his son, the Dauphin.
The generous conduct of the French monarch and nation
towards this country renders every event that may affect
his or their prosperity interesting to us; and I shall take
care to assure him of the sensibility with which the United
States participate in the affliction which a loss so much
to be regretted must have occasioned, both to him and to
them.
GEO. WASHINGTON.
_September_ 29.
_Gentlemen of the Senate:_
Having been yesterday informed by a joint committee of both
Houses of Congress, that they had agreed to a recess, to
commence this day, and to continue until the first Monday
of January next, I take the earliest opportunity of
acquainting you that, considering how long and laborious
this session has been, and the reasons which, I presume,
have produced this resolution, it does not appear to me
expedient to recommend any measures to their consideration
at present, or now to call your attention, gentlemen, to
any of those matters in my department which require your
advice and consent, and yet remain to be despatched.
GEO. WASHINGTON.
_September_ 29, 1789.
A message from the House of Representatives informed the Senate that the
House of Representatives had finished the business of the session, and
were ready to adjourn, agreeably to the order of the two Houses of
Congress.
The business of the session being brought to a close, the Vice
President, agreeably to the resolve of the two Houses on the 26th
instant, adjourned the Senate to the first Monday in January next, then
to meet at the City Hall in New York.
FIRST CONGRESS
LIST OF SENATORS.
_New Hampshire._--John Langdon, Paine Wingate.
_Massachusetts._--Caleb Strong, Tristram Dalton.
_Connecticut._--William S. Johnson, Oliver Ellsworth.
_New York._--Rufus King, Philip Schuyler.
_New Jersey._--William Paterson, Jonathan Elmer.
_Pennsylvania._--William Maclay, Robert Morris.
_Delaware._--Richard Bassett, George Reed.
_Maryland._--Charles Carroll, John Henry.
_Virginia._--Richard Henry Lee, William Grayson.
_South Carolina._--Ralph Izard, Pierce Butler.
_Georgia._--William Few, James Gunn.
_North Carolina._[10]--Benjamin Hawkins, Samuel Johnston.
_Rhode Island._[11]--Joseph Stanton, jr., Theodore Foster.
LIST OF REPRESENTATIVES.
_New Hampshire._--Nicholas Gilman, Samuel Livermore, Abiel Foster.
_Massachusetts._--George Thatcher, Fisher Ames, George Leonard, Elbridge
Gerry, Jonathan Grout, Benjamin Goodhue, Theodore Sedgwick, George
Partridge.
_Connecticut._--Benjamin Huntington, Jonathan Trumbull, Jeremiah
Wadsworth, Roger Sherman, Jonathan Sturges.
_New York._--John Lawrence, Egbert Benson, William Floyd, Peter
Sylvester, John Hathorn, Jeremiah Van Rensselaer.
_New Jersey._--Elias Boudinot, James Schureman, Lambert Cadwalader,
Thomas Sinnickson.
_Pennsylvania._--Henry Wynkoop, Frederick Augustus Muhlenberg, Daniel
Heister, Thomas Scott, George Clymer, Thomas Fitzsimons, Thomas Hartley,
Peter Muhlenberg.
_Delaware._--John Vining.
_Maryland._--William Smith, George Gale, Daniel Carroll, Joshua Seney,
Michael Jenifer Stone, Benjamin Contee.
_Virginia._--Alexander White, James Madison, jr., John Page, Richard
Bland Lee, Samuel Griffin, Andrew Moore, Josiah Parker, Theodorick
Bland,[12] Isaac Coles, John Brown.
_South Carolina._--Thomas Tudor Tucker, Edanus Burke, Daniel Huger,
William Smith, Thomas Sumter.
_Georgia._--Abraham Baldwin, James Jackson, George Mathews.
_North Carolina._[13]--John Steele, Timothy Bloodworth, Hugh Williamson,
John Baptist Ashe, John Sevier.
_Rhode Island._[14]--Benjamin Bourn.
FIRST CONGRESS.--FIRST SESSION.
PROCEEDINGS AND DEBATES
IN
THE HOUSE OF REPRESENTATIVES.
WEDNESDAY, March 4, 1789.
This being the day fixed for the meeting of the new Congress, the
following members of the House of Representatives appeared and took
their seats, viz:[15]
_From Massachusetts_, GEORGE THATCHER, FISHER AMES, GEORGE LEONARD, and
ELBRIDGE GERRY.
_From Connecticut_, BENJAMIN HUNTINGTON, JONATHAN TRUMBULL, and JEREMIAH
WADSWORTH.
_From Pennsylvania_, FREDERICK AUGUSTUS MUHLENBERG, THOMAS HARTLEY,
PETER MUHLENBERG, and DANIEL HEISTER.
_From Virginia_, ALEXANDER WHITE.
_From South Carolina_, THOMAS TUDOR TUCKER.
A quorum of the members not being present, the House adjourned until
to-morrow at eleven o'clock.
THURSDAY, March 5.
Several other members attended, viz: from New Hampshire, NICHOLAS
GILMAN; from Massachusetts, BENJAMIN GOODHUE; from Connecticut, ROGER
SHERMAN and JONATHAN STURGES; and from Pennsylvania, HENRY WYNKOOP; and
no other members arriving, a quorum not being present, the House
adjourned, from day to day, until the 14th instant.
SATURDAY, March 14.
The following members took their seats, to wit: JAMES MADISON, junior,
JOHN PAGE, and RICHARD BLAND LEE, from Virginia.
A quorum not being yet present, the House adjourned, from day to day,
until the 17th instant.
TUESDAY, March 17.
SAMUEL GRIFFIN, from Virginia, took his seat.
WEDNESDAY, March 18.
ANDREW MOORE, from Virginia, took his seat.
No other member appearing, the House adjourned, from day to day, until
the 23d instant.
MONDAY, March 23.
The following members appeared, to wit:--
From New Jersey, ELIAS BOUDINOT; and from Maryland, WILLIAM SMITH.
No additional member appeared on the 24th.
WEDNESDAY, March 25.
JONATHAN PARKER, from Virginia, appeared and took his seat.
No additional member arrived until the 30th instant.
MONDAY, March 30.
GEORGE GALE, from Maryland, and THEODORICK BLAND, from Virginia,
appeared and took their seats.
No additional member on the 31st instant.
WEDNESDAY, April 1.
Two other members appeared, to wit: JAMES SCHUREMAN, from New Jersey,
and THOMAS SCOTT, from Pennsylvania, who, forming a quorum of the whole
body, it was, on motion,
_Resolved_, That this House will proceed to the choice of a
Speaker by ballot.
The House accordingly proceeded to ballot for a Speaker, when it was
found that a majority of the votes were in favor of FREDERICK AUGUSTUS
MUHLENBERG, one of the Representatives from Pennsylvania. Whereupon Mr.
MUHLENBERG was conducted to the chair, from whence he made his
acknowledgments to the House for so distinguished an honor.
The House then proceeded in the same manner to the appointment of a
Clerk, when it was found that Mr. JOHN BECKLEY was elected.
On motion,
_Ordered_, That the members do severally deliver in their credentials at
the Clerk's table.
THURSDAY, April 2.
LAMBERT CADWALADER, from New Jersey, appeared and took his seat.
FRIDAY, April 3.
GEORGE CLYMER, from Pennsylvania, appeared and took his seat.
SATURDAY, April 4.
GEORGE PARTRIDGE, from Massachusetts, appeared and took his seat.
The House proceeded to the election of a doorkeeper, and assistant
doorkeeper; when Gifford Dudley was chosen to the former, and Thomas
Claxton to the latter office.
MONDAY, April 6.
DANIEL CARROLL, from Maryland, appeared and took his seat.
_Ordered_, That leave be given to bring in a bill to regulate the taking
the oath or affirmation prescribed by the sixth article of the
Constitution; and that Messrs. WHITE, MADISON, TRUMBULL, GILMAN, and
CADWALADER, do prepare and bring in the same.
On motion,
_Resolved_, That the form of the oath to be taken by the
members of this House, as required by the third clause of
the sixth article of the Constitution of Government of the
United States, be as followeth, to wit: "I, A B, a
Representative of the United States in the Congress
thereof, do solemnly swear (or affirm, as the case may be)
in the presence of Almighty GOD, that I will support the
Constitution of the United States. So help me God."
A message from the Senate, by Mr. ELLSWORTH.
Mr. SPEAKER: I am charged by the Senate to inform this
House, that a quorum of the Senate is now formed; that a
President is elected for the sole purpose of opening the
certificates and counting the votes of the electors of the
several States, in the choice of a President and Vice
President of the United States; and that the Senate is now
ready in the Senate Chamber, to proceed, in presence of
this House, to discharge that duty. I have it also in
further charge to inform this House that the Senate has
appointed one of its members to sit at the Clerk's table to
make a list of the votes as they shall be declared,
submitting it to the wisdom of this House to appoint one or
more of its members for the like purpose.
On motion,
_Resolved_, That Mr. Speaker, attended by the House, do now
withdraw to the Senate Chamber, for the purpose expressed
in the message from the Senate; and that Mr. PARKER and Mr.
HEISTER be appointed on the part of this House, to sit at
the Clerk's table with the member of the Senate, and make a
list; of the votes, as the same shall be declared.
Mr. Speaker accordingly left the chair, and attended by the House,
withdrew to the Senate Chamber, and after some time returned to the
House.
Mr. Speaker resumed the chair.
Mr. PARKER and Mr. HEISTER then delivered in at the Clerk's table a list
of the votes of the electors of the several States in the choice of a
President and Vice President of the United States, as the same were
declared by the President of the Senate, in the presence of the Senate
and of this House, which was ordered to be entered on the Journal.[16]
WEDNESDAY, April 8.
Two other members, to wit: JNO. LAWRENCE, from New York, and THOMAS
FITZSIMONS, from Pennsylvania, appeared and took their seats.
_Duties on Imports._
On motion, the House resolved itself into a Committee of the Whole on
the state of the Union, Mr. PAGE in the chair.
Mr. MADISON.--I take the liberty, Mr. Chairman, at this early stage of
the business, to introduce to the committee a subject, which appears to
me to be of the greatest magnitude; a subject, sir, that requires our
first attention, and our united exertions.
No gentleman here can be unacquainted with the numerous claims upon our
justice; nor with the impotency which prevented the late Congress of the
United States from carrying into effect the dictates of gratitude and
policy.
The union, by the establishment of a more effective government, having
recovered from the state of imbecility that heretofore prevented a
performance of its duty, ought, in its first act, to revive those
principles of honor and honesty that have too long lain dormant.
The deficiency in our Treasury has been too notorious to make it
necessary for me to animadvert upon that subject. Let us content
ourselves with endeavoring to remedy the evil. To do this a national
revenue must be obtained; but the system must be such a one, that, while
it secures the object of revenue, it shall not be oppressive to our
constituents. Happy it is for us that such a system is within our power;
for I apprehend that both these objects may be obtained from an impost
on articles imported into the United States.
In pursuing this measure, I know that two points occur for our
consideration. The first respects the general regulation of commerce;
which, in my opinion, ought to be as free as the policy of nations will
admit. The second relates to revenue alone; and this is the point I mean
more particularly to bring into the view of the committee.
Not being at present possessed of sufficient materials for fully
elucidating these points, and our situation admitting of no delay, I
shall propose such articles of regulations only as are likely to
occasion the least difficulty.
The propositions made on this subject by Congress in 1783, having
received, generally, the approbation of the several States of the Union,
in some form or other, seem well calculated to become the basis of the
temporary system, which I wish the committee to adopt.[17] I am well
aware that the changes which have taken place in many of the States, and
in our public circumstances, since that period, will require, in some
degree, a deviation from the scale of duties then affixed: nevertheless,
for the sake of that expedition which is necessary, in order to embrace
the spring importations, I should recommend a _general_ adherence to the
plan.
This, sir, with the addition of a clause or two on the subject of
tonnage, I will now read, and, with leave, submit it to the committee,
hoping it may meet their approbation, as an expedient rendered eligible
by the urgent occasion there is for the speedy supplies of the federal
treasury, and a speedy rescue of our trade from its present anarchy.
_Resolved_, As the opinion of this committee, that the
following duties ought to be levied on goods, wares, and
merchandise, imported into the United States, viz:
On rum, per gallon, ---- of a dollar; on all other spirituous liquors
----; on molasses ----; on Madeira wine ----; on all other wines ----;
on common bohea teas per lb. ----; on all other teas ----; on pepper
----; on brown sugar ----; on loaf sugar ----; on all other sugars ----;
on cocoa and coffee ----; on all other articles ---- per cent. on their
value at the time and place of importation.
That there ought, moreover, to be levied on all vessels in which goods,
wares, or merchandises shall be imported, the duties following, viz: On
all vessels built within the United States, and belonging wholly to
citizens thereof, at the rate of ---- per ton.
On all vessels belonging wholly to the subjects of Powers with whom the
United States have formed treaties, or partly to the subjects of such
Powers, and partly to citizens of the said States, at the rate of ----.
On all vessels belonging wholly or in part to the subjects of other
Powers, at the rate of ----.[18]
Mr. BOUDINOT.--The necessity of adopting some measure, like the one
proposed by the honorable gentleman from Virginia, is too apparent to
need any argument in its support. The plan which he has submitted to the
committee appears to be simple and sufficiently complete for the present
purpose; I shall, therefore, for my own part, be content with it, and
shall move you, sir, that the blanks be filled up in the manner they
were recommended to be charged by Congress in 1783. My reason for this
is, that those sums have been approved by the Legislatures of every
State represented on this floor, and of consequence must have been
agreeable to the sense of our constituents at that time; and, I believe,
nothing since has intervened to give us reason to believe they have made
an alteration in their sentiments.
Mr. WHITE.--I wish filling up the blanks may be deferred until the
business is more matured; nor will this be attended with a loss of time,
because the forms necessary to complete a bill will require so much as
to give gentlemen leisure to consider the proper quantum of impost to be
laid, as well on the enumerated articles as on the common mass of
merchandise rated _ad valorem_; for, as was hinted by my colleague,
something may have occurred to render an alteration in the sums
recommended in 1783 in some degree necessary; and if so, time will be
given to consider the subject with more attention in the progress of the
bill, and no unnecessary delay can arise; wherefore, I move you, sir,
that the committee now rise, report progress, and ask leave to sit
again.
Mr. MADISON.--I do not consider it at this moment necessary to fill up
the blanks, nor had I it in contemplation at the time I offered the
propositions. I supposed that most of the gentlemen would wish time to
think upon the principles generally, and upon the articles particularly;
while others, who, from their situation and advantages in life, are more
conversant on this subject, may be induced to turn their particular
attention to a subject they are well able to do justice to, and to
assist the committee with their knowledge and information; unless such
gentlemen are now prepared and disposed to proceed in filling up the
blanks, I shall second the motion for the committee's rising.
THURSDAY, April 9.
EGBERT BENSON, from New York, and ISAAC COLES, from Virginia, appeared
and took their seats.
_Duties on Imports._
The House again resolved itself into a Committee of the Whole on the
state of the Union, Mr. PAGE in the chair.
Mr. LAWRENCE.--The subject of the proposition laid before the committee
by the honorable gentleman from Virginia, (Mr. MADISON,) will now, I
presume, Mr. Chairman, recur for our deliberation. I imagine it to be of
considerable importance, not only to the United States, but to every
individual of the Union. The object of the revenue alone would place it
in this situation, and in this light I mean now to consider it. If I am
not mistaken, the honorable mover of the plan viewed it as a temporary
system, particularly calculated to embrace the spring importations;
therefore, in order to discover whether the mode laid before you is well
calculated to answer this end, it will be proper to consider its
operation. The plan consists of certain distinct propositions; one part
is intended to lay a specific sum on enumerated articles, the other a
certain per cent. _ad valorem_: perhaps simplifying the system may be
productive of happy consequences, and it strikes me that confusion and
perplexity will be best avoided by such a measure; hence, it may be
proper to lay a duty at a certain rate per cent. on the value of all
articles, without attempting an enumeration of any; because, if we
attempt to specify every article, it will expose us to a question which
must require more time than can be spared, to obtain the object that
appears to be in the view of the committee. A question, I say, sir, will
arise, whether the enumeration embraces every article that will bear a
duty, and whether the duty to be affixed is the proper sum the article
is able to bear. On this head, sir, I believe that the committee have
not materials sufficient to form even the basis of the system, beside
being wholly incompetent to determine the rate most advantageous to the
article of revenue, and most agreeable to the interest and convenience
of our constituents. Knowledge on these points can only be obtained by
experience; but hitherto we have had none, at least of a general nature.
The partial regulations made by the States, throw but little light on
the subject, and its magnitude ought to induce us to use the greatest
degree of caution.
A system of the nature which I hinted at, will, in my opinion, be not
only less complex and difficult in its formation, but likewise easier
and more certain in its operation; because the more simple a plan of
revenue is, the easier it becomes understood and executed: and it is,
sir, an earnest wish of mine, that all our acts should partake of this
nature. Moreover, by adopting the plan I have mentioned, you will
embrace the spring importation and give time for digesting and maturing
one upon more perfect principles; and, as the proposed system is
intended to be but a temporary one, _that_ I esteem to be best which
requires the least time to form it.
With great deference I have submitted these sentiments to the committee,
as what occurred to me to be the better plan of the two; though, I must
own, it is a subject on which I am not so fully informed as I wish to
be, and therefore hope the indulgence of the committee in considering
it.
Mr. FITZSIMONS.--I observe, Mr. Chairman, by what the gentlemen have
said, who have spoken on the subject before you, that the proposed plan
of revenue is viewed by them as a temporary system, to be continued only
until proper materials are brought forward and arranged in more perfect
form. I confess, sir, that I carry my views on this subject much
further; that I earnestly wish such a one which, in its operation, will
be some way adequate to our present situation, as it respects our
agriculture, our manufactures, and our commerce.
An honorable gentleman (Mr. LAWRENCE) has expressed an opinion that an
enumeration of articles will operate to confuse the business. So far am
I from seeing it in this point of view, that, on the contrary, I
conceive it will tend to facilitate it. Does not every gentleman
discover that, when a particular article is offered to the consideration
of the committee, he will be better able to give his opinion upon it
than on an aggregate question? because the partial and convenient impost
laid on such article by individual States is more or less known to every
member in the committee. It is also well known that the amount of such
revenue is more accurately calculated and better to be relied on,
because of the certainty of collection, less being left to the officers
employed in bringing it forward to the public treasury. It being my
opinion that an enumeration of articles will tend to clear away
difficulties, I wish as many to be selected as possible; for this reason
I have prepared myself with an additional number, which I wish subjoined
to those already mentioned in the motion on your table; among these are
some calculated to encourage the productions of our country, and protect
our infant manufactures; besides others tending to operate as sumptuary
restrictions upon articles which are often termed those of luxury. The
amendment I mean to offer is in these words: I shall read it in my
place, and, if I am seconded, hand it to you for the consideration of
the committee.
_Resolved_, As the opinion of this committee, that the
following duties ought to be laid on goods, wares, and
merchandise imported into the United States, to wit:
[The articles enumerated for duty were beer, ale, and porter; beef,
pork, butter, candles, cheese, soap, cider, boots, steel, cables,
cordage, twine or pack thread, malt, nails, spikes, tacks, or brads;
salt, tobacco, snuff, blank books, writing, printing, and wrapping
paper; pasteboard, cabinet ware; buttons, saddles, gloves, hats,
millinery, castings of iron, slit, or rolled iron; leather, shoes,
slippers, and golo shoes; coach, chariot, and other four wheel
carriages; chaise, solo, or other two wheel carriages; nutmegs,
cinnamon, cloves, raisins, figs, currants, almonds.]
This motion was seconded by Mr. SCHUREMAN.
Mr. WHITE.--I shall not pretend to say that there ought not to be
specific duties laid upon every one of the articles enumerated in the
amendment just offered; but I am inclined to think, that entering so
minutely into the detail, will consume too much of our time, and thereby
lose us a greater sum than the additional impost on the last-mentioned
articles will bring in; because there may be doubts whether many of them
are capable of bearing an increased duty; but this, sir, is not the case
with those mentioned in the motion of my colleague: for I believe it
will be readily admitted on all sides, that such articles as rum, wines,
and sugar, have the capacity of bearing an additional duty besides a per
cent. _ad valorem_. His system appears to be simple, and its principles
I conceive, are such as gentlemen are agreed upon, consequently a bill
founded thereupon would pass this House in a few days; the operation of
the law would commence early, and the treasury be furnished with money
to answer the demands upon it. This law would continue until mature
deliberation, ample discussion, and full information, enabled us to
complete a perfect system of revenue: for, in order to charge specified
articles of manufacture, so as to encourage our domestic ones, it will
be necessary to examine the present state of each throughout the Union.
This will certainly be a work of labor and time, and will perhaps
require more of each than the committee have now in their power. Let us,
therefore, act upon the principles which are admitted, and take in the
most material and productive articles, leaving to a period of more
leisure and information a plan to embrace the whole.
Mr. TUCKER.--In common with the other gentlemen on this floor, I
consider the subject which engages our present deliberations as of very
great importance as it relates to our agriculture, manufactures, and
commerce; I also consider it of consequence that we should give full
satisfaction to our constituents by our decision, be that whatever it
may; and I think this most likely to be effected by establishing a
permanent regulation, although in the interim, a temporary system may be
expedient.
I have no objection, sir, to go so far into the matter as to pass a law
to collect an impost _ad valorem_, whilst it is understood to be but a
temporary system; and likewise to lay a duty on such enumerated articles
of importation as have been heretofore considered as proper ones by the
Congress of 1783. So far, sir, the matter may be plain to us, and we run
no hazard of doing any thing which may give dissatisfaction to any State
in the Union. The duties proposed by the Congress of 1783 were, I
believe, five per cent. on the value of all goods imported, and an
additional duty on a few enumerated articles.[19] This recommendation of
Congress has been so universally received by the several States, that I
think we run no risk of giving umbrage to any by adopting the plan; but
the other articles which have just been offered, are, I apprehend, to
many of us so novel, and, at the same time, so important, as to make it
hard to determine the propriety of taxing them in a few hours, or even
in a few days.
In order to preserve the peace and tranquillity of the Union, it will
become necessary that mutual deference and accommodation should take
place on subjects so important as the one I have first touched upon.
And, in order that this may take place, it is proper that gentlemen
deliver their sentiments with freedom and candor. I have done this in a
manner which I conceived it my duty to do, and shall just repeat that I
wish to confine the question to that part of the motion made by the
honorable gentleman from Virginia, (Mr. MADISON,) which respects laying
a general impost on the value of all goods imported, and the small
enumeration which precedes it: if it is in contemplation to do
otherwise, I shall be under the necessity of moving for a division of
the question. If I should lose this, and a high tonnage duty be insisted
on, I shall be obliged to vote against the measure altogether; when, if
the business is conducted on principles of moderation, I shall give my
vote for it to a certain degree.
Mr. HARTLEY.--If we consult the history of the ancient world, we shall
see that they have thought proper, for a long time past, to give great
encouragement to the establishment of manufactures, by laying such
partial duties on the importation of foreign goods, as to give the home
manufactures a considerable advantage in the price when brought to
market. It is also well known to this committee, that there are many
articles that will bear a higher duty than others, which are to remain
in the common mass, and be taxed with a certain impost _ad valorem_.
From this view of the subject I think it both politic and just that the
fostering hand of the General Government should extend to all those
manufactures which will tend to national utility. I am therefore sorry
that gentlemen seem to fix their mind to so early a period as 1783; for
we very well know our circumstances are much changed since that time: we
had then but few manufactures among us, and the vast quantities of goods
that flowed in upon us from Europe, at the conclusion of the war,
rendered those few almost useless; since then we have been forced by
necessity, and various other causes, to increase our domestic
manufactures to such a degree as to be able to furnish some in
sufficient quantity to answer the consumption of the whole Union, while
others are daily growing into importance. Our stock of materials is, in
many instances, equal to the greatest demand, and our artisans
sufficient to work them up even for exportation. In these cases, I take
it to be the policy of every enlightened nation to give their
manufactures that degree of encouragement necessary to perfect them,
without oppressing the other parts of the community; and under this
encouragement, the industry of the manufacturer will be employed to add
to the wealth of the nation.
Mr. MADISON.--From what has been suggested by the gentlemen that have
spoken on the subject before us, I am led to apprehend we shall be under
the necessity of travelling further into an investigation of principles
than what I supposed would be necessary, or had in contemplation when I
offered the propositions before you.
I am sensible that there is great weight in the observation that fell
from the honorable gentleman from South Carolina, (Mr. TUCKER,) that it
will be necessary, on the one hand, to weigh and regard the sentiments
of the gentlemen from the different parts of the United States; but, on
the other hand, we must limit our consideration on this head, and,
notwithstanding all the deference and respect we pay to those
sentiments, we must consider the general interest of the Union; for this
is as much every gentleman's duty to consider as is the local or State
interest--and any system of impost that this committee may adopt must be
founded on the principles of mutual concession.
Gentlemen will be pleased to recollect, that those parts of the Union
which contribute more under one system than the other, are also those
parts more thinly planted, and consequently stand most in need of
national protection; therefore they will have less reason to complain of
unequal burthens.
There is another consideration; the States that are most advanced in
population, and ripe for manufactures, ought to have their particular
interests attended to in some degree. While these States retained the
power of making regulations of trade, they had the power to protect and
cherish such institutions; by adopting the present constitution, they
have thrown the exercise of this power into other hands: they must have
done this with an expectation that those interests would not be
neglected here.
In my opinion, it would be proper also for gentlemen to consider the
means of encouraging the great staple of America, I mean agriculture;
which I think may justly be styled the staple of the United States, from
the spontaneous productions which nature furnishes, and the manifest
advantage it has over every other object of emolument in this country.
If we compare the cheapness of our land with that of other nations, we
see so decided an advantage in that cheapness, as to have full
confidence of being unrivalled. With respect to the object of
manufactures, other countries may and do rival us; but we may be said to
have a monopoly in agriculture; the possession of the soil, and the
lowness of its price, give us as much a monopoly in this case, as any
nation or other parts of the world have in the monopoly of any article
whatever; but, with this advantage to us, that it cannot be shared nor
injured by rivalship.
If my general principle is a good one, that commerce ought to be free,
and labor and industry left at large to find its proper object, the only
thing which remains will be to discover the exceptions that do not come
within the rule I have laid down. I agree with the gentleman from
Pennsylvania, that there are exceptions, important in themselves, and
which claim the particular attention of the committee. Although the
freedom of commerce would be advantageous to the world, yet, in some
particulars, one nation might suffer to benefit others, and this ought
to be for the general good of society.
The next exception that occurs, is one on which great stress is laid by
some well informed men, and this with great plausibility. That each
nation should have within itself the means of defence, independent of
foreign supplies: that in whatever relates to the operations of war, no
State ought to depend upon a precarious supply from any part of the
world. There may be some truth in this remark, and therefore it is
proper for legislative attention. I am, though, well persuaded that the
reasoning on this subject has been carried too far. The difficulties we
experienced a few years ago, of obtaining military supplies, ought not
to furnish too much in favor of an establishment which would be
difficult and expensive; because our national character is now
established and recognized throughout the world, and the laws of war
favor national exertion more than intestine commotion, so that there is
good reason to believe that when it becomes necessary, we may obtain
supplies from abroad as readily as any other nation whatsoever. I have
mentioned this, because I think I see something among the enumerated
articles that seems to favor such a policy.
Mr. BOUDINOT.--I believe that it will not be disputed, that the best and
easiest way of supplying the public wants, is by raising a revenue on
the importation of goods by way of impost, though the manner in which it
should be done, I confess, is a subject on which I stand greatly in need
of information. I should, therefore, most cordially comply with the
request of the gentleman from South Carolina, (Mr. TUCKER,) in order to
obtain time for consideration, and to wait the arrival of the absent
gentlemen, in order that we may have that assistance which is to be
derived from them. Did I consider the question on the present motion
final, I should be at a loss how to act; but this, I take it, is not the
case. I presume it is intended by the mover only to lay his motion on
the table, with the original propositions open for debate and
consideration, till the committee are possessed of sufficient
information to proceed. I also confess, that, in general, I am in favor
of specific duties on enumerated articles. I shall therefore vote for
the amendment; but, in doing this, I shall not consider myself as bound
to support the whole, nor, indeed, any particular article which, upon
due consideration, I may deem either impolitic or unjust; for I cannot
conceive, that, by adopting the amendment, we tie up our hands, or
prevent future discussion. No, sir, that is not the case; and as I trust
we all have the same object in view, namely, the public good of the
United States, so I hope that a willing ear will be lent to every
proposition likely to promote this end; nor do I doubt but gentlemen are
mutually inclined to sacrifice local advantages for the accomplishment
of this great purpose.
On motion of Mr. LEE, the committee rose and reported progress, and the
House adjourned.
SATURDAY, April 11.
Mr. CLYMER submitted it to the consideration of the committee, how far
it was best to bring propositions forward in this way. Not that he
objected to this mode of encouraging manufactures and obtaining revenue,
by combining the two objects in one bill. He was satisfied that a
political necessity existed for both the one and the other, and it would
not be amiss to do it in this way, but perhaps the business would be
more speedily accomplished by entering upon it systematically.
Mr. BOUDINOT.--It appears to me that this business of raising revenue
points out two questions, of great importance, demanding much
information. The first is, what articles are proper objects of taxation,
and the probable amount of revenue from each. The second is, the proper
mode of collecting the money arising from this fund, when the object and
its amount are ascertained. There are three sources from which we may
gain information on the first question, namely, from the revenue laws of
the different States, for I believe a partial revenue has been raised
almost in every State by an impost. The second source of information,
and a very natural one, is the great body of merchants spread throughout
the United States; this is a very respectable and well-informed body of
our fellow-citizens, and great deference ought to be paid to their
communications--they are in a peculiar situation under the present
constitution, to which they are generally esteemed sincere friends--they
are also more immediately interested in the event of the proposed
measure, than any other class of men. To this Government they look for
protection and support, and for such regulations as are beneficial to
commerce; for these reasons, I think they deserve our confidence, and we
ought to obtain from them such information as will enable the Congress
to proceed to a general permanent system on more solid principles.
There are gentlemen on this floor well calculated to represent the
mercantile interests of this country, and in whose integrity and
abilities I have the highest confidence; but it is the duty of the
members of this body to see that the principles upon which we act, are
those calculated to promote the general good, and not confined to the
local interests of a few individuals, or even individual States, so that
they will decline trusting alone to this species of information, when
another is attainable.
Mr. FITZSIMONS thought it best to make the system as perfect as possible
before the committee determined its duration.
Mr. MADISON, that the subject which was under consideration divided
itself, as had been observed by the honorable gentlemen from Jersey,
into two parts; and hence he concluded that they might very properly be
provided for by two separate bills; and while the Committee of the Whole
are selecting articles and taxing them, another committee can be
employed in devising the mode of collection. This method he thought more
likely to reconcile the opinions of the committee than any he had heard
suggested.
Mr. SHERMAN gave it as his opinion, that in fixing the duties on
particular articles, if they could not ascertain the exact quantum, it
would be better to run the risk of erring in setting low duties than
high ones, because it was less injurious to commerce to raise them than
to lower them; but nevertheless, he was for laying on duties which some
gentlemen might think high, as he thought it better to derive revenue
from impost than from direct taxation, or any other method in their
power. He moved that the article of rum should be charged with fifteen
cents per gallon--he used the term cents because it was a denomination
of national coin, fixed by the late Congress, ten of which make a _dime_
and ten _dimes_ one dollar.
Mr. SMITH was apprehensive fifteen cents would be too high, and
therefore moved ten cents, which he thought would raise more revenue
than the other.
Mr. MADISON advised and moved for the rising of the committee, in order
to give gentlemen time to make up their minds respecting the quantum of
impost to be laid on each article.
MONDAY, April 13.
WILLIAM FLOYD, from New York; THOMAS SINNICKSON, from New Jersey; JOSHUA
SENEY, from Maryland; EDANUS BURKE, DANIEL HUGER, and WILLIAM SMITH,
from South Carolina, appeared and took their seats.
On motion,
_Ordered_, That Mr. BENSON, Mr. PETER MUHLENBERG, and Mr. GRIFFIN, be a
committee to consider of and report to the House respecting the
ceremonial of receiving the President, and that they be authorized to
confer with a committee of the Senate for the purpose.
TUESDAY, April 14.
_Duties on Imports._
The House again resolved itself into a Committee of the Whole on the
state of the Union; Mr. PAGE in the chair.
Mr. BLAND, from Virginia, thought the committee not prepared to enter on
the business of impost in the accurate manner which the form of the
propositions seemed to imply. No gentleman on the floor could be more
desirous than he was to go into the measure of a permanent system; but
he could not agree to proceed at this time, for want of information.
When he looked at the list of articles, he saw some calculated to give
encouragement to home manufactures. This might be in some degree proper;
but it was a well-known fact, that the manufacturing arts in America
were only in their infancy, and far from being able to answer the
demands of the country; then certainly you lay a tax upon the whole
community, in order to put the money in the pockets of a few, whenever
you burthen the importation with a heavy impost.
Mr. SCOTT.--The subject before us naturally divides itself into two
heads. First, what article shall be the subject of a particular tax, and
what shall remain in the common mass liable to an impost _ad valorem_?
The second, what the sum is that is proper for the article we select?
For both these points will be necessary, because it can hardly be
supposed that all articles can be enumerated, while some certainly
ought. This being the case, it leads us to inquire what rule or
principle shall be laid down in order to make a proper discrimination;
for surely some reason should be assigned for this distinction. I
presume the particular article which is to be subjected to an
extraordinary duty must either come at so cheap a rate, according to its
intrinsic value, as to bear a greater impost without being unreasonably
expensive, or it must be one which we do not stand in need of at all,
and only used for the purposes of luxury. If an article does not come
within one of these descriptions, I see no reason why it should be taxed
in an extraordinary manner.
On motion of Mr. GALE, the word _rum_ was changed into distilled spirits
of Jamaica proof.
Mr. LAWRENCE proposed to lay twelve cents on this article, saying, I
believe, Mr. Chairman, it will be necessary to consider, when we are
about to lay a duty on any article, how far it is likely to be
collected, especially if our main object is to obtain revenue by our
impost. I trust it does not require much illustration to prove to the
satisfaction of the committee, that if you lay your duties too high, it
will be a temptation to smuggling; for, in the proportion which that sum
bears to the value of the article, will be the risk run in every attempt
to introduce it in a clandestine manner, and, if this temptation is made
too strong, the article will furnish no revenue. I believe, if the
committee shall impose a duty of fifteen cents, as proposed by the
gentleman from Connecticut, (Mr. SHERMAN,) it will be so strong a
temptation for smuggling, that we shall lose our revenue altogether, or
be compelled to use a mode of collection probably different from what we
have been accustomed to--a mode so expensive as to absorb the whole
produce of the tax.
I wish to lay as large a sum on this article as good policy may deem
expedient; it is an article of great consumption, and though it cannot
be reckoned a necessary of life, yet it is in such general use, that it
may be expected to pay a very considerable sum into your treasury, when
others may not with so much certainty be relied upon. But, when we
consider the relative proportion of the first cost of it, and the
fifteen cents duty, we shall find it about one third. This, I cannot
help thinking, is too high, as the risk of a total loss may be ventured
in order to save so great a sum; it is surely a great temptation, and I
dread its consequences on more accounts than one.
Mr. MADISON.--I would tax this article with as high a duty as can be
collected, and I am sure, if we judge from what we have heard and seen
in the several parts of the Union, that it is the sense of the people of
America that this article should have a duty imposed upon it weighty
indeed. The duty proposed by the gentleman from New York (Mr. LAWRENCE)
very little exceeds what is laid in this State, and very little what is
laid in some other States, while some have thought it expedient to
impose an excise superior. The question then is, whether the highest sum
can be collected? I am of opinion that higher duties may generally be
collected under the government of the Union than could be under that of
the particular States, because it has been the policy of some, not only
to decline going hand in hand together, but actually to oppose
regulations made in a neighboring State. Being persuaded, likewise, that
the highest sum will not exceed the power of the law to enforce the
collection of, I shall vote for it.
Mr. BOUDINOT.--I am in favor of taxing this article as high as there is
a probability of collecting the duty. I think our doing so will answer
two or three good purposes. The present object of the committee is to
raise a revenue, and no article on the list before you is more likely to
be productive than this one; but a high duty may also discourage the use
of ardent spirits; if not, it may discourage the West Indies from
turning their molasses into rum. This being the case, they have no other
market for molasses than this country, and our own distilleries, with
the advantages arising therefrom, will be able to rival them in the
manufacture of that article; so far it may tend to the benefit of the
country. I conceive it might be proper, on these accounts, to lay a much
higher duty than has been proposed, were it not for the considerations
mentioned by the gentleman from New York, that we run a risk of losing
all by grasping at too much.
Mr. LAWRENCE.--The sum proposed is higher than the duty collected in
this State, which is about eight cents; I fear, therefore, that it
cannot be collected. If we are to reason and act as moralists on this
point, I am certain it is the wish of every member to prevent the use of
ardent spirits altogether, for their influence on the morals of the
people is of the most pernicious kind. Nor does the mischief terminate
here, as I apprehend it is equally destructive to the health; but we are
not to deliberate and determine on this subject as moralists, but as
politicians, and endeavor to draw (if I may use the expression) from the
vices of mankind, that revenue which our citizens must, in one form or
other, contribute. The question is, what shall be the duty on any
particular article? To accomplish this purpose, we must determine by the
circumstances of that article. Now, if we lay a high duty on Jamaica
rum, it is supposed it will prevent the consumption; but then the
purpose we have in view is frustrated, either because we cannot collect
the tax, or the object of it is no longer imported. The consequence in
this latter case would be, that the morals of our citizens are not
impaired; yet it does not appear to me that this consequence would
certainly flow from a system of high duties. I rather fear it would lead
no further than to set men on schemes to evade the duty; and none of us
are ignorant of the ingenuity and invention which can be exercised, when
interest prompts mankind to an evasion of the law. We know the situation
of the different States; the coast disposed by its prodigious extent to
favor every means of illicit trade. A cargo of rum could be landed in
Jersey, and the whole, reshipped in small vessels, might soon be brought
into this city. If this should be the effect of our law, we have no
other way to correct the operation, but by adopting a mode of collection
odious to all, on account of the numerous train of officers it would
require in its execution. But there would also be a danger of vessels
running into creeks and small inlets, for the purpose of landing their
cargoes, as well as on the sea-shore. Hence a necessity would arise of
employing a number of vessels to check and correct such abuses, and the
probable event would be, that all the impost collected would go to
defray the expense of getting it into the treasury.
The committee now agreed to tax ardent spirits, of Jamaica proof,
fifteen cents; and all other spirituous liquors twelve cents.
On filling up the blank on molasses:
Mr. MADISON.--It is agreed, I presume, that spirits of every kind are
proper objects of taxation, but whether we shall tax spirits in the case
before us, or whether we shall tax the article from which it comes, is a
question worthy of the consideration of the committee for several
reasons. I believe it will be best to lay our hands on the duty, by
charging this article on its importation, to avoid a more disagreeable
measure. I would, therefore, lay such a duty on molasses, as is
proportioned to what we have affixed upon rum, making an allowance in
favor of our own manufacture. I think eight cents per gallon will allow
a sufficient advantage to them, but of this I am not positive, and,
therefore, shall not pertinaciously adhere to that sum, if it be
thought too high; but I presume I am right in the principle upon which I
contend, that we ought to collect the duty on the importation of
molasses, in preference to any other way.
Mr. FITZSIMONS.--I think the duty on this article depends, in a great
measure, upon what has been already agreed to. If the tax of West India
and country rum is not well proportioned, it may be destructive of the
end we have in contemplation. If, agreeably to the idea of the gentleman
from New York, we affix a low duty, a great deal more rum will, in all
probability, be distilled and used, than heretofore; of course, it will
effectually rival the Jamaica rum, and the Union will lose the revenue
which we calculate upon. Eight cents, I apprehend, is as well
proportioned to the other taxes as can be devised.
Mr. GOODHUE considered molasses as a raw material, essentially requisite
for the well-being of a very extensive and valuable manufacture. It
ought likewise to be considered (as was truly stated) a necessary of
life. In the Eastern States it entered into the diet of the poorer
classes of people, who were, from the decay of trade and other
adventitious circumstances, totally unable to sustain such a weight as a
tax of eight cents would be upon them. Moreover, the tax was upon
particular States as well as individuals, for it was a fact of public
notoriety, that Massachusetts imported more molasses than all the other
States together. She imports from 30,000 to 40,000 hogsheads annually.
He would make one observation more. It had been the policy of Great
Britain, as he well remembered, to encumber and depress the distillation
of molasses. To do this, at one time they laid a duty of three pence
sterling per gallon. It was conceived to be an oppressive measure, but
it had little other effect than to cause heart-burnings and enmity. It
produced no revenue, and the Parliament were forced to reduce the duty
to a penny. From experience, therefore, as well as from the arguments
before urged, he was inclined to believe that the committee would be
satisfied with fixing a lower sum. He could not consent to allow more
than two cents.
Mr. THATCHER.--It appears to me, that for the want of a certain and
fixed principle to act upon, there is a great danger of making some
improper establishments. It is for this reason that I wish not to hurry
on the business with so much precipitation. Did gentlemen consider, when
they agreed to a high duty on ardent spirits, that it would be a pretext
for increasing the duties on a necessary of life. I presume a principal
reason why a high tax on spirits was admitted, was in order to
discourage the use of it among ourselves. If this was the intention of
the committee, I have no objection to the burthen; but, even here, I
fear difficulties will arise. Did we judiciously examine whether the
spirit of the law accords with the habits and manners of the people? and
did we assure ourselves of the full execution of the law? If we did
not, the act becomes impolitic, because a law which cannot be executed
tends to make the Government less respectable.
Mr. AMES.--I have not had the advantage of hearing all the arguments in
support of the eight cents proposed; but those I have heard I am not
satisfied with. The principles on which this tax is founded, I
understand to be this: that it is an article of luxury, and of pretty
general consumption, so that the duty is expected to fall equally upon
all; but that it will not operate in this manner, I think is easily
demonstrable. Can a duty of fifty per cent. _ad valorem_, paid, as it
were, in an exclusive manner, by the State of Massachusetts, be equal?
No, sir. But taking it as a part of the general system, can it be equal
unless a proportionable duty, equal to fifty per cent., is laid upon
articles consumed in other parts of the Union? No, sir; and is it in the
contemplation of gentlemen to lay duties so high as to produce this
equality? I trust it is not; because such duties could never be
collected. Is not, therefore, eight cents disproportioned to the rates
fixed, or intended to be imposed on other articles? I think it is; and,
if to these considerations we add what has been said before, relative to
its being a raw material important to a considerable manufacture, we
cannot hesitate to reject it.
However gentlemen may think the use of this article dangerous to the
health and morals of our fellow-citizens--I would also beg them to
consider, that it is no more so than every other kind of spirituous
liquors; that it will grow into an article for exportation; and although
I admit we could export it even encumbered with the duty proposed, yet
by it we run the risk of having the manufacture totally ruined, for it
can hardly now stand a competition at home with the West India rum, much
less can it do so abroad. If the manufacturers of country rum are to be
devoted to certain ruin, to mend the morals of others, let them be
admonished that they prepare themselves for the event: but in the way we
are about to take, destruction comes on so sudden, they have not time to
seek refuge in any other employment whatsoever. If their situation will
not operate to restrain the hand of iron policy, consider how
immediately they are connected with the most essential interests of the
Union, and then let me ask if it is wise, if it is reconcilable to
national prudence, to take measures subversive of your very existence?
For I do contend, that the very existence of the Eastern States depends
upon the encouragement of their navigation and fishery, which receive a
deadly wound by an excessive impost on the article before us.
I would concur in any measure calculated to exterminate the poison
covered under the form of ardent spirits, from our country; but it
should be without violence. I approve as much as any gentleman the
introduction of malt liquors, believing them not so pernicious as the
one in common use; but before we restrain ourselves to the use of them,
we ought to be certain that we have malt and hops, as well as
brew-houses for the manufacture. Now, I deny that we have these in
sufficient abundance to the eastward; but if we had, they are not taxed.
Then why should the poor of Massachusetts be taxed for the beverage they
use of spruce, molasses and water? It surely is unreasonable. I hope
gentlemen will not adopt the motion for eight cents until they are
furnished with some better evidence of its propriety and policy than any
that has yet been given, or as I suspect that can be given.
Mr. FITZSIMONS was pleased that gentlemen went so fully into a
discussion of a subject which they conceived of great importance, but he
begged them not to lose sight of an observation that had already been
made, that whenever a particular duty was supposed to bear hard on any
one member of the Union, it ought to be regarded as a part only of a
system bearing equally upon all. He was a friend to commerce, it was his
particular profession, and what he had principally devoted his attention
to; and therefore it might justly be imagined he was unwilling to fetter
it with restraints; but as a member of this body, he considered it
proper to forego a pertinacious adhesion to that system, when its
interest came in competition with the general welfare.
The gentleman from Massachusetts (Mr. Ames) has represented the proposed
regulation as tending eventually to the ruin of the commerce, fisheries,
and manufactures of that State. I do not believe (added he) such a
consequence would result from a duty of eight cents on a gallon of
molasses; if I did, I would be one of the last to advocate the measure;
but to understand this circumstance more fully, let us proceed to an
inquiry of the ground on which we stand. The State of Massachusetts
imports a greater proportion of this article than any other in the
Union; she will have therefore (say the opponents of the measure) to pay
exclusively all the impost upon it. Let us examine this. Some part of
the molasses is consumed in the substance, but all the remainder is
distilled: this must either be consumed in the State, or exported from
it; in the latter case, I would propose that all the rum shipped to
foreign nations should draw back the duties it had paid as molasses.
This would obviate all that was said relative to the competition between
this State and other nations at a foreign market. As to what is
exported, but consumed in some other parts of the United States, it is
but proper that a duty should be paid, and although it may be advanced
in the first instance by the people of Massachusetts, yet it will be
ultimately paid by the consumers in other parts.
What is consumed within the State itself, gentlemen surely do not mean
to have excluded from a duty. If they consume more country rum than West
India, they pay a less duty than those States which consume a greater
proportion of the latter. As to what is used in its raw, unmanufactured
state, it will be sufficient to observe, that as it is generally a
substitute for sugar, the consumers will therefore avoid the tax on that
article, and pay it on the other. In Pennsylvania they mostly use sugar;
now, if the people there pay a tax on that article, it is but
distributive justice that the people of Massachusetts pay one on the
article they use for the same purpose.
Mr. GOODHUE.--Fifteen cents, the sum laid on Jamaica spirits, is about
one-third part of its value; now eight cents on molasses is considerably
more: the former is an article of luxury, as was observed when it was
under consideration, therefore that duty might not be improper; but the
latter cannot be said to partake of that quality in the substance, and
when manufactured into rum, it is no more a luxury than Jamaica spirits.
I cannot see, therefore, why molasses ought to be taxed forty or fifty
per cent. when the other pays but thirty-three. Surely the substance
ought not to pay at this rate--then what good reason can be offered for
the measure?
Mr. BOUDINOT had attended to the arguments of the gentlemen on both
sides of the question, and was led to believe the proportion was not
properly observed. By the resolution of Congress in 1783, the molasses
was fixed upon due consideration at one penny, and West India rum at
fourpence. The proposed proportion was two-thirds of what is charged on
West India rum. He thought this too high, as it would be an encumbrance
on a considerable manufacture; six cents were therefore a more equitable
rate than eight cents were; he believed also, that it was as much as the
article would bear, especially if it was considered that the whole of
the article was not manufactured into rum, but a large proportion
consumed in substance. This might also be near what is intended to be
charged on sugar; by fixing it at this rate, the necessity of lowering
the duty at some future day would be avoided, which he thought an object
worthy of the committee's consideration.
Mr. BOUDINOT wished the gentleman to consider the difference in the
price; if he did that, he would allow it to be reduced to six cents; if
this principle could now be fixed, it would carry them through the
whole.
Mr. PARTRIDGE allowed, if all the molasses was distilled into rum, that
a small duty might be proper; but when it was considered as an article
of sustenance to the poor, and as a requisite to the support of the
fisheries and navigation, he hoped the committee would allow but a very
small one indeed. He wished it was possible to discriminate between what
was manufactured into rum, and what was consumed in the raw state,
because a higher duty might be collected in the former case than in the
latter.
Mr. FITZSIMONS stated, that there were 327,000 gallons of rum imported
into Pennsylvania in 1785, which would tend to show how great a part
was consumed by the citizens of the Union; a demand in one State so
great as this, proved how likely it was for New England rum to rival the
West India. He thought the prices of the two articles gave the country
rum a very considerable advantage, and therefore a duty of seven cents
could not be very injurious to the manufacture.
The question was put on seven cents and lost.
And it was agreed to fill the blank with six cents.
On filling up the blank on Madeira wine,
Mr. SHERMAN moved fifteen cents.
Mr. GILMAN moved twenty cents, and
Mr. HARTLEY moved thirty cents, in order (as he observed) to make it
correspond with the rate per cent. on the value; as the principle of
proportion seemed to be admitted by the committee.
Mr. SHERMAN said, it appeared to him to be pretty well proportioned;
because those who accustomed themselves to drink wine, consumed two or
three times as much as those who used spirits, and consequently paid a
due proportion.
Mr. FITZSIMONS.--I shall move you, sir, that the blank be filled with
fifty cents. I observed some gentlemen, in their arguments on the last
article, laid great stress upon the impropriety of taxing the
necessaries of life that were principally consumed by the poorer class
of citizens. I do not think any of the members of this committee
consider the article of Madeira wine a necessary of life, at least to
those whose incomes are only sufficient for a temperate subsistence;
therefore no objection of this kind can be made on the present occasion.
The propriety of a high tax on wines, I apprehend, is self-evident,
whether we consider the price of the article, or the ability of the
people to pay who consume it. The value of a pipe of Madeira wine, I
believe, is about two hundred dollars, a hogshead of rum is worth about
forty dollars. The ability of those who consume the one and the other
are, I suppose, in nearly the same ratio. I do not pretend to know what
are the intentions of gentlemen on this subject, but my wish is, to
raise so considerable a revenue from imposts as to render it unnecessary
to apply to any other mode. If this be the wish of the committee also,
they will be inclined to raise a great part of it from the consumption
of those people who are best able to pay, among whom we may, with great
propriety, reckon the consumers of Madeira wine.
Mr. P. MUHLENBERG thought his colleague's observations were very
judicious, and said they met exactly his ideas; he therefore seconded
the motion for fifty cents.
Mr. BLAND.--I am not against laying any sum on this article which there
is a probability of collecting; but I am afraid we are running wild in
the business, and although we appear to be in search of revenue, we are
pursuing a track that will lead us wide of our mark. I am really
suspicious, if we lay a duty of fifty cents upon Madeira wine, we shall
not have a single gallon entered in any port of the United States, and
we shall fully verify to the world the truth of an old maxim, that two
and two, in finance, do not make four. I would therefore suggest to the
committee, the propriety of considering well, whether they can, or
cannot, collect the high duty proposed. If they are well convinced that
it can be done, and will satisfy me only that there is a probability of
its being the case, I shall cheerfully concur in the motion; but at
present, I am of opinion we shall not be able to obtain any revenue
whatsoever if the tax is laid so high.
Mr. BOUDINOT.--I agree entirely with the principle of laying duties
according to their relative value, and hope the committee will keep up
the line of proportion as near as possible. It is only in the
application of this principle on the present occasion, that I differ
with the honorable gentleman from Pennsylvania, for whose opinions I
have the highest respect. I confess, too, that he is much better able to
ascertain the price of foreign articles than I am; but I believe, with
regard to this one of Madeira wine, I have it in my power to ascertain
it pretty well. I take it, that a pipe of wine usually costs at Madeira
from twenty-five to thirty pounds sterling; but then I would wish the
committee to take into consideration that this wine is paid for there in
our own produce at a very advantageous rate, which reduces the nominal
sterling sum down in value to a like sum of our currency. I therefore
look upon it, that we may calculate the cost of a gallon of Madeira wine
at one dollar; for I cannot conceive that any gentleman entertains an
idea of taxing the risk the merchant runs in importing the wine, or the
increased value it obtains during the time it takes to ripen for sale.
In laying our duties we ought to apportion it to the value of the
article at the time and place of importation, without taking advantage
of such adventitious circumstances. Beside, there is a considerable loss
attends keeping Madeira. The storage is no inconsiderable expense, and
the evaporation is an actual loss in quantity, which the merchant is
obliged to replace by filling up the cask. Under these considerations, I
think it may be admitted, that twenty or twenty-five cents per gallon is
a sufficient tax. Moreover, it may be easily demonstrated, that such a
duty would be more productive than fifty cents; because it would be with
greater certainty collected. There is another reason that induces me to
think twenty cents more proper; fifty cents for a gallon of wine is a
large sum for a merchant to lay down in duties; it must abridge his
mercantile operations, and consequently tend to discourage the Madeira
trade, which, in my humble opinion, is one of the most advantageous
America has left to her, from the selfish policy that actuates some
foreign Powers; therefore we ought not to burthen it to so great a
degree as the proposed duty seems to have in contemplation.
Mr. FITZSIMONS withdrew his motion for fifty cents, and moved
thirty-three and one-third cents.
The question was put upon thirty-three and one-third cents as the
highest sum, and agreed to, being twenty-one votes for it, and nineteen
against it.
The next article "on all other wines," presented itself in order for the
consideration of the committee.
Mr. HEISTER observed, there were a great variety of wines included in
that general expression, the prices of which were very different; some
worth even more than Madeira, and others less; he submitted, therefore,
to the committee the propriety of discriminating and taxing them
according to their value.
Mr. BOUDINOT acquiesced in the remark.
Mr. FITZSIMONS did not think it worth while, at this time, to engage the
committee in making such a discrimination. The rich wines were imported
in no very considerable quantities, and if the duty was laid pretty
high, it would tend to exclude the most inferior and low wines from
being introduced.
It was thereupon agreed to lay twenty cents on all other wines.
The next article on the list was "bohea tea," on which
Mr. FITZSIMONS observed, that he meant this article not only as a
revenue, but as a regulation of a commerce highly advantageous to the
United States. The merchants of this country have, from a variety of
circumstances, and finding their trade restrained and embarrassed, been
under the necessity of exploring channels to which they were heretofore
unaccustomed. At length they have succeeded in discovering one that bids
fair to increase our national importance and prosperity, while at the
same time it is lucrative to the persons engaged in its prosecution. I
mean, sir, the trade to China and the East Indies. I have no doubt but
what it will receive the encouragement of the Federal Government for
some time to come. There is scarcely any direct intercourse of this
nature, but what requires some assistance in the beginning; it is
peculiarly necessary in our case, from the jealousy subsisting in Europe
of this infant branch of commerce. It has been thought proper, under
some of the State governments, to foster and protect a direct
communication with India. I hope the Government of the United States has
an equal disposition to give this trade their encouragement.
I wish, therefore, the committee would pass over the article for the
present, and permit it to come in at another place in the list, where I
mean to move a discrimination in the duty on teas, according as they are
imported, directly from China in our own ships, or in any ships from
Europe.
The articles of teas and pepper were passed over for the present.
Mr. BOUDINOT proposed one cent per pound on sugar.
Two cents were afterwards proposed, when
Mr. FITZSIMONS remarked, that one gallon of molasses weighed eight
pounds; that at six cents it did not pay a cent per pound; could it,
therefore, be called anywise equal to such a tax on sugar? Moreover,
sugar is an article of as general consumption as molasses, and when it
is of this inferior quality, it enters as much or more into the
consumption of the poor as the other, while, at the same time, molasses
will sweeten more, according to its weight, than even the best sugar;
from which considerations, I think gentlemen will be satisfied by
putting it on an equality with molasses; therefore I do not oppose the
one cent.
On the question, the committee agreed to tax it but one cent per pound,
and loaf sugar three cents per pound. All other sugars one and a half
cent per pound. On coffee two and a half cents per pound.
On motion of Mr. BLAND, the committee rose and reported progress.
Adjourned.
WEDNESDAY, April 15.
A petition of David Ramsay, of the State of South Carolina, was
presented to the House and read, setting forth that Mr. William Smith, a
member returned to serve in this House as one of the representatives for
the State of South Carolina, was, at the time of his election,
ineligible thereto, and came within the disqualification of the third
paragraph of the constitution, which declares, "that no person shall be
a representative who shall not have been seven years a citizen of the
United States," and praying that these allegations may be inquired by
the House.
Referred to the Committee on Elections.
Mr. BENSON, from the committee to whom it was referred to consider of
and report to the House respecting the ceremonial of receiving the
President, and to whom was also referred a letter from the Chairman of a
Committee of the Senate to the SPEAKER, communicating an instruction
from that House to a committee thereof, to report if any, and what,
arrangements are necessary for the reception of the President, made the
following report:
"That Mr. Osgood, the proprietor of the house lately
occupied by the President of Congress, be requested to put
the same, and the furniture therein, in proper condition
for the residence and use of the President of the United
States, to provide for his temporary accommodation.
"That it will be most eligible, in the first instance, that
a committee of three members from the Senate, and five from
the House of Representatives, to be appointed by the Houses
respectively, to attend to receive the President at such
place as he shall embark from New Jersey for this city, and
conduct him without form to the house lately occupied by
the President of Congress, and that at such time
thereafter, as the President shall signify it will be
convenient for him, he be formally received by both Houses.
"That a committee of two members from the Senate, and three
members from the House of Representatives, to be appointed
by the Houses respectively, wait on the Vice President of
the United States, as soon as he shall come to this city,
and, in the name of the Congress of the United States,
congratulate him on his arrival."
And a committee of five was balloted for and chosen accordingly, for the
purpose of waiting on the President.
Another committee of three was appointed to wait on the Vice President.
_Duties on Imports._
The House again resolved itself into a Committee of the Whole on the
state of the Union, Mr. PAGE in the chair; the question being on
inserting, in the list of dutiable articles, beer, ale, and porter--
Mr. FITZSIMONS meant to make an alteration in this article, by
distinguishing beer, ale, and porter, imported in casks, from what was
imported in bottles. He thought this manufacture one highly deserving of
encouragement. If the morals of the people were to be improved by what
entered into their diet, it would be prudent in the national Legislature
to encourage the manufacture of malt liquors. The small protecting
duties laid in Pennsylvania had a great effect towards the establishment
of breweries; they no longer imported this article, but, on the
contrary, exported considerable quantities, and, in two or three years,
with the fostering aid of Government, would be able to furnish enough
for the whole consumption of the United States. He moved nine cents per
gallon.
Mr. LAWRENCE seconded the motion. He would have this duty so high as to
give a decided preference to American beer; it would tend also to
encourage agriculture, because the malt and hops consumed in the
manufacture were the produce of our own grounds.
Mr. SMITH (of Maryland) was opposed to such high duties as seemed to be
in the contemplation of some members of the committee. He thought enough
might be raised if the tax was lowered. He formed this opinion from some
calculations he had made with respect to the imports at Baltimore. He
stated them to amount for the last year, at the rate now proposed, to
£258,163; to this, if he added five other districts in Maryland, the
probable amount of which, on the same principle, would be £185,537;
then, these two sums multiplied by twelve, the supposed proportion that
Maryland ought to bear of the national debt, would produce £5,324,400, a
sum exceeding very considerably what the wants of the Union required.
Mr. GALE thought a duty of nine cents would operate as a prohibition
upon the importation of beer and porter. He remarked the advantages
which America possessed in growing malt and hops for the manufacture of
these articles. In addition to this, the risk and expense of bringing it
from Europe was to be considered. Upon the whole, he concluded so high a
duty as nine cents would give the brewers here a monopoly, defeat the
purpose of obtaining revenue, enhance the price to the consumer, and
thereby establish the use of spirituous liquors. For these
considerations he was against that sum.
Mr. SINNICKSON declared himself a friend to this manufacture, and
thought if the duty was laid high enough to effect a prohibition, the
manufacture would increase, and, of consequence, the price be lessened.
He considered it of importance, inasmuch as the materials were produced
in the country, and tended to advance the agricultural interest.
Mr. MADISON moved to lay an impost of eight cents on all beer imported.
He did not think this sum would give a monopoly, but hoped it would be
such an encouragement as to induce the manufacture to take deep root in
every State in the Union; in this case, it would produce the collateral
good hinted at by the gentleman from New Jersey, which, in his opinion,
was an object well worthy of being attended to. He observed, that, in
the State of New York, the article paid a duty equal to six cents on
importation, and if brought in foreign vessels, it amounted to eight
cents; and yet quantities of it were still imported, which proved that
eight cents would not amount to a prohibition.
The committee agreed hereupon to charge it at eight cents.
On all beer, ale, or porter, imported in bottles, per dozen, twenty-five
cents. Agreed to without debate.
On every barrel of beef it was moved to lay a duty of a dollar per
barrel.
Mr. BLAND thought that very little revenue was likely to be collected on
this article, let the duty be more or less; and as it was to be had in
sufficient quantities within the United States, perhaps a tax amounting
to a prohibition would be proper.
Mr. THATCHER admitted that there was beef enough to be got in every part
of the country, but it was fresh beef. Some States, from local
circumstances, were unable to salt and preserve it, therefore a tax on
this article would operate as a partial tax upon those States. If there
is a sufficient quantity in the other States to answer their own
consumption, they will feel no part of the burthen; but it appeared
unnecessary to him to lay this restriction, because he found some States
capable of exporting beef on terms as reasonably low as any other
country could, and it could not, therefore, be contended for as a
requisite encouragement to this branch of the agricultural interest.
Mr. GOODHUE did not contend that it was necessary to lay a particular
duty on beef, although it was among the enumerated articles admitted by
the committee. He was satisfied of the fact, that meat could be put up
here cheaper than in Europe, and afforded at a less price, so there was
little to apprehend from rivalship.
Mr. MADISON thought that almost every State in the Union had more of
this article than was necessary for its own consumption, and
consequently there was no danger of its being imported, unless the
quality of the foreign beef was superior. He would not object to
gentlemen gratifying themselves with this meat, especially as the
consumption was neither so great nor general as to affect the revenue,
and therefore he judged it might be struck out.
Mr. TUCKER thought with the gentleman from Virginia, that the regulation
was unnecessary, and that it would be better to throw it into the common
mass, taxable at a certain rate per cent. He therefore moved to have it
struck out.
Upon these considerations the articles of beef, pork, and butter, were
all struck out.
Mr. FITZSIMONS moved to lay a duty of two cents on all candles of tallow
per pound.
Mr. TUCKER observed, that some States were under the necessity of
importing considerable quantities of this article also, while others had
enough, and more than enough, for their own consumption, therefore the
burthen would be partially borne by such States. As the committee had
just rejected some articles upon this principle, he would move that this
be struck out likewise.
Mr. FITZSIMONS.--I am not for striking out, sir. Every article imported
into the State that gentleman represents, from which revenue is to be
raised, he moves to have struck out; but I wish the committee to
consider a moment before they join in sentiments with him. The
manufacture of candles is an important manufacture, and far advanced
towards perfection. I have no doubt but, in a few years, we shall be
able to furnish sufficient to supply the consumption of every part of
the continent. In Pennsylvania we have a duty of two pence per pound,
and under the operation of this small encouragement the manufacture has
gained considerable strength. We no longer import candles from Ireland
or England, of whom a few years ago we took considerable quantities; the
necessity of continuing those encouragements which the State
Legislatures have deemed proper, exists in a considerable degree;
therefore it will be politic in the Government of the United States to
continue such duties till their object is accomplished.
Mr. TUCKER would be glad to know what article it was that South Carolina
would not contribute her full proportion of tax upon--he saw none; on
the contrary, so far as the enumeration went, the impost would bear
unequally upon her, and he feared many others in the list would increase
the imposition. He thought it the duty of the committee to guard against
an unequal distribution of the public burthen in every case, and
therefore wished the duty on this article to be a moderate one; not
because it affected the State he represented, for it did not do this to
any degree, as wax candies were there principally consumed, the material
for which was the production of the Southern States, but because other
States, not having this advantage, might be oppressed.
Mr. BOUDINOT apprehended most States imported considerable quantities of
this article from Russia and Ireland; he expected they would be made
cheaper than they could be imported, if a small encouragement was held
out by the Government, as the materials were to be had in abundance in
our country.
Mr. LAWRENCE thought that if candles were an object of considerable
importation, they ought to be taxed for the sake of obtaining revenue,
and if they were not imported in considerable quantities, the burthen
upon the consumer would be small, while it tended to cherish a valuable
manufacture. He seconded Mr. FITZSIMON's motion for two cents: which was
carried in the affirmative upon the question being put.
On all candles of wax or spermaceti, per lb. six cents;
cheese, four cents; soap, two cents; boots, per pair, fifty
cents; on all shoes, slippers, or goloshes made of leather,
ten cents; on all shoes or slippers, made of silk or stuff,
ten cents; on all steel unwrought, per 112 lbs.,----
Mr. LEE moved to strike out this last article, observing that the
consumption of steel was very great, and essentially necessary to
agricultural improvements. He did not believe any gentleman would
contend, that enough of this article to answer consumption could be
fabricated in any part of the Union: hence it would operate as an
oppressive, though indirect tax upon agriculture, and any tax, whether
direct or indirect, upon this interest, at this juncture, would be
unwise and impolitic.
Mr. TUCKER joined the gentleman in his opinion, observing that it was
impossible for some States to get it but by importation from foreign
countries. He conceived it more deserving a bounty to increase the
quantity, than an impost which would lessen the consumption and make it
dearer also.
Mr. CLYMER replied, that the manufacture of steel in America was rather
in its infancy; but as all the materials necessary to make it were the
produce of almost every State in the Union, and as the manufacture was
already established, and attended with considerable success, he deemed
it prudent to emancipate our country from the manacles in which she was
held by foreign manufactures. A furnace in Philadelphia, with a very
small aid from the Legislature of Pennsylvania, made three hundred tons
in two years, and now makes at the rate of two hundred and thirty tons
annually, and with a little further encouragement would supply enough
for the consumption of the Union. He hoped, therefore, gentlemen would
be disposed, under these considerations, to extend a degree of patronage
to a manufacture, which a moment's reflection would convince them was
highly deserving protection.
Mr. MADISON thought the object of selecting this article to be solely
the encouragement of the manufacture, and not revenue, for on any other
consideration it would be more proper, as observed by the gentleman from
Carolina, (Mr. TUCKER) to give a bounty on the importation. It was so
materially connected with the improvement of agriculture and other
manufactures, that he questioned its propriety even on that score. A
duty would tend to depress many mechanic arts in the proportion that it
protected this; he thought it best to reserve this article to the
non-enumerated ones, where it would be subject to a five per cent. _ad.
valorem_.
Mr. TUCKER considered the smallest tax on this article to be a burthen
on agriculture, which ought to be considered an interest most deserving
protection and encouragement; on this is our principal reliance, on it
also our safety and happiness depend. When he considered the state of it
in that part of the country which he represented on this floor, and in
some other parts of the Union, he was really at a loss to imagine with
what propriety any gentleman could propose a measure big with
oppression, and tending to burthen particular States. The situation of
South Carolina was melancholy; while the inhabitants were deeply in
debt, the produce of the State was daily falling in price. Rice and
indigo were become so low, as to be considered by many not objects
worthy of cultivation; and gentlemen will consider, that it is not an
easy thing for a planter to change his whole system of husbandry in a
moment; but accumulated burthens will drive to this, and add to their
embarrassments. He thought an impost of five per cent. as great an
encouragement as ought to be granted, and would not oppose that being
laid. He called upon gentlemen to exercise liberality and moderation in
what they proposed, if they wished to give satisfaction and do justice
to their constituents.
Mr. FITZSIMONS thought, if gentlemen did not get rid of local
considerations, the committee would make little progress. Every State
will feel itself oppressed by a duty on particular articles, but when
the whole system is perfected, the burthen will be equal on all. He did
not desire, for his part, to obtain exclusive advantages for
Pennsylvania; he would contend, and undertake to prove, that by the
duties already agreed to, that State sacrificed as much as any other.
Indeed, if he had said more, he believed himself capable of proving the
position. Being of this opinion he hoped the committee would agree to
grant her an advantage which would revert back upon the other parts of
the Union, without operating even for the present, to the material
disadvantage of any. Some States were, from local circumstances, better
situated to carry on the manufacture than others, and would derive some
little advantage on this account in the commencement of the business.
The Eastern States were so situated, perhaps some of the Middle ones
also; but will it therefore be insisted upon, that the Southern States
pay more of the impost on foreign goods than these? For his part, he
never could conceive, that the consumption of those articles by the
negroes of South Carolina would contribute to the revenue as much as
that of the white inhabitants of the Eastern States. But laying aside
local distinctions, what operates to the benefit of one part in
establishing useful institutions, will eventually operate to the
advantage of the whole. With these considerations, he cheerfully
submitted the article to the discretion of the committee, moving to fill
the blank with sixty-six cents.
Mr. BLAND considered a tax of sixty-six cents a very heavy duty on
agriculture and the mechanic arts, and was averse to granting it.
Mr. BOUDINOT moved fifty-six cents, which motion was agreed to.
On nails and spikes, it was agreed to lay one cent per
pound; on tarred cordage, fifty cents per 112 pounds; on
untarred cordage, sixty cents per 112 pounds; on twine or
pack-thread, one hundred cents per 112 pounds.
Mr. MADISON said, that he was not clear as to the policy of taxing
cordage. He thought ship-building an object worthy of legislative
attention, and questioned the propriety of raising the price of any
article that entered so materially into the structure of vessels. But if
it was politic to lay an impost on cordage, would it not be the same
with regard to hemp? He thought it would, and therefore moved it.
Mr. BOUDINOT.--Hemp is a raw material, necessary for an important
manufacture, and therefore ought not to be subject to a heavy duty. If
it was the product of the country in general, a duty might be proper,
but this he believed was not the case.
Mr. MADISON.--I said before, I very much doubted the propriety of laying
a duty on such articles as entered into ship-building; but if it is
necessary to lay a duty on cordage for the purpose of encouraging the
manufacture, and making us independent of the world as to that article,
it is also politic to endeavor to make us alike independent for the raw
material; a great proportion of the land in the Western country is
peculiarly adapted to the growth of hemp, and it might be there
cultivated to advantage, if the labors of the husbandman were protected
by the Government.
Mr. BOUDINOT thought the soil of this country ill adapted to the
cultivation of hemp; even the strong low lands which are fit for it,
soon became exhausted; it impoverished the lands wherever it grew, and
destroyed the agricultural stamina. If he was not mistaken in this
opinion, he thought the committee would, with him, disagree to the
motion.
Mr. PARTRIDGE thought a duty on hemp would tend to discourage the
American navigation, her trade, and fisheries, without any good
resulting to warrant such an injury. It was not ascertained whether hemp
could be furnished in any tolerable quantities to answer the demand, and
if upon experience, it should be found that the quantity was
insufficient, what a stab this would prove to all concerned in
ship-building.
Mr. AMES expressed a doubt of the policy of taxing either cordage or
hemp, because while it tended to encourage the agriculture or
manufacture, it discouraged the maritime interest, and therefore the
discouragement, in the event, would reflect back upon those interests it
was intended to cherish.
Mr. MOORE declared the Southern States well calculated for the
cultivation of hemp, and, from certain circumstances, well inclined
thereto. He conceived it the duty of the committee to pay as much
respect to the encouragement and protection of husbandry (the most
important of all interests in the United States) as they did to
manufactures.
Mr. FITZSIMONS thought there was a clear distinction between taxing
manufactures and raw materials, well known to every enlightened country.
He had no doubt but hemp enough could be raised for the home
consumption, nay for exportation also, and why it was not done he could
not say. He recollected that before the revolution, very little was
imported; now, considerable quantities are brought from England. When
such a bulky article is capable of paying double freight, first from
Russia and then from England, besides its first cost, he conceived that
what was produced in America had a very considerable advantage. It could
not be urged that the people are unacquainted with the cultivation,
because it had been carried to very great perfection in former years. If
eight dollars a hundred is not a sufficient inducement to farmers to
raise hemp, it is a proof that they direct their labors to more
profitable productions, and why should legislative authority be
exercised to divide their attention? Or for this purpose, why should
navigation and ship-building be necessarily burthened. He concluded with
declaring, that no duty which the Congress would agree to lay, could
give encouragement to the cultivation of hemp, if the present price of
that article was insufficient.
Mr. SCOTT stated a fact or two, being perhaps as well acquainted with
the Western country as any member of the committee. The lands along the
frontiers, he could assure the committee, were well calculated for the
cultivation of this plant; it is a production that will bear carriage by
land better than any other, tobacco not excepted. He believed an
encouragement of the kind now moved for would bring, in a year or two,
vast quantities from that country, at little expense, to Philadelphia,
even from the waters of the Ohio; the inhabitants expect some
encourgement, and will be grateful for it. Although a gentleman has
called it a bulky article, yet as much can be packed upon a horse as a
horse can carry, or in a wagon as four horses can draw; so that its bulk
will not prevent our countrymen from seeking a market on the waters of
the Atlantic.
The committee rose and reported, and
The House adjourned.
THURSDAY, April 16.
The House proceeded, by ballot, to the appointment of a committee of
five, to attend, with a committee from the Senate, to receive the
President of the United States at such place as he shall embark at from
New Jersey for this city.
The members elected were Messrs. BOUDINOT, BLAND, TUCKER, BENSON, and
LAWRENCE.
On motion,
_Ordered_, That Messrs. GILMAN, AMES, and GALE, be a committee, in
conjunction with a committee from the Senate, to wait upon the Vice
President of the United States upon his arrival in this city, and to
congratulate him thereupon in the name of the Congress of the United
States.
_Duties on Imports._
The House again resolved itself into a Committee of the Whole on the
State of the Union, Mr. PAGE in the chair.
Mr. MOORE thought it good policy to encourage the manufacture of
cordage, but was not convinced that it was bad policy to encourage
likewise the growth of the raw material in America, so that we might
become as independent of all the world for this article, as we are
already for every other used in the structure of vessels. He believed it
would be difficult to persuade the farmer that his interest ought to be
neglected to encourage particular artisans: he therefore begged the
committee to do as much for them as was in their power, believing that
the event of such policy would mutually benefit the manufacturer and
agriculturist.
Mr. HEISTER remarked, that a heavy duty on hemp would not encourage the
raising of it this year, because the time was elapsed for commencing the
cultivation; but a duty to take place at some future time, would no
doubt be beneficial. He assured the committee of the ability of the land
in America to grow hemp equal to any part of the world; and, therefore,
joined heartily in giving it legislative encouragement, in order to
induce the people to turn their attention more particularly to the
subject, but would recommend the duty to be laid so as to commence its
operation at a distant day.
Mr. WHITE remarked, what was good policy in England might be the
contrary in America. England was a maritime nation, and therefore she
gave a bounty on such articles as were requisite to support her maritime
importance--America was an agricultural country, and therefore ought to
attend to the encouragement of that interest. If the Legislature take no
notice of this article, the people will be led to believe it is not an
object worthy of encouragement, and the spirit of cultivation will be
damped; whereas, if a small duty only was laid, it might point out to
them that it was desirable, and would induce an increase of the
quantity. Our lands are capable of bearing this plant many years without
being exhausted. He could not say exactly what sum would be proper to
fill the blank with, but mentioned seventy-five cents for the
consideration of the committee.
Mr. PARTRIDGE admitted the propriety of encouraging agriculture, but it
ought not to be done at the expense of the ship-builders, especially as
the good would not balance the evil. He told the committee that hemp had
risen, within three or four years, forty per cent. in Russia, owing,
perhaps, to the increased demand which the present northern war
occasioned. This naturally operated to encourage the cultivation in
America, and perhaps was sufficient, without the aid now intended to be
given. If gentlemen were desirous of having it stand among the selected
articles, he should not object, but hoped the duty would not exceed five
per cent. Forty cents were about equal to that rate, and he moved to
fill the blank with that sum.
Mr. WHITE thought with the gentleman from Pennsylvania, that the United
States would furnish this article in sufficient abundance, not only for
home consumption, but for exportation. The maritime powers of Europe do
not raise the article, but obtain it principally from Russia--these
powers are as well disposed to take it from us as from Russia. Our back
lands are extremely well adapted to its cultivation; a road to bring it
to market is opening; the Potomac extends her now navigable waters into
the interior country, and a communication will be established with the
river Ohio and the western waters. The gentleman from Pennsylvania (Mr.
HARTLEY) had hinted at the propriety of settling the western territory;
it was his opinion that every encouragement ought to be given them to
engage their affection; that the administration of the Government ought
to be such as to give satisfaction to all parts of the Union, but it is
peculiarly our interest to render that country advantageous; her fertile
lands, and streams easy of descent, would pour into the Atlantic States,
through the channels he had mentioned, a profusion of wealth, and hemp
in abundance. The Shenandoah river disembogues into the Potomac, the
South Branch communicates with it also, and a number of other rivers
whose lands will produce immense quantities. He considered that this, in
a short time, would do more towards encouraging ship-building than a
bounty, as had been mentioned by some gentlemen.
Mr. BURKE thought it proper to suggest to the committee what might be
the probable effect of the proposed measure in the State he represented,
(South Carolina,) and the adjoining one (Georgia.) The staple products
of that part of the Union were hardly worth cultivation, on account of
their fall in price; the planters are, therefore, disposed to pursue
some other. The lands are certainly well adapted to the growth of hemp,
and he had no doubt but its culture would be practised with attention.
Cotton is likewise in contemplation among them, and if good seed could
be procured, he hoped it might succeed. But the low, strong, rice lands,
would produce hemp in abundance--many thousand tons even this year, if
it was not so late in the season. He liked the idea of laying a low
duty now, and encouraging it against the time when a supply might be had
from our own cultivation.
Mr. MADISON feared seventy-five cents was too high; he was doubtful
whether it would not have been as well to have left out cordage; for if
a duty on hemp was impolitic because it burthened navigation, so also
was that on cordage. He by no means approved of measures injurious to
ship-building, which he considered in a threefold view: first, as it
related to vessels employed in the coasting trade; second, as it
respected those employed in those channels of trade, the stream of which
depends upon the policy of foreign nations; and third, as it was
connected with vessels built for sale. With respect to the first, no
doubt but we can prevent any discouragement from the operation of the
duty, because we can make such discrimination as will prevent a
rivalship; but, in relation to the two other points, and particularly
the last, he was sensible that every penny laid upon cordage would enter
into the price of the vessel, and, by raising the price, drive the
purchasers to seek a better bargain at other hands. Fearful therefore of
injuring this interest, he should vote for a small duty at present, in
hopes of being able to see, in a little time, sufficient quantities of
hemp brought to market, as predicted, at even a less price than is given
now for the imported.
Mr. SMITH agreed to forty cents, provided the committee would make it
one dollar at the end of two years.
Mr. MADISON could not judge of the alteration in the circumstances of
this country two years hence, and therefore did not like the kind of
provision mentioned. He preferred making it a positive sum, and moved
fifty cents; which was agreed to.
On malt.
Mr. SHERMAN thought this might be struck out, on the same principle that
beef and pork had been, there was none imported.
Mr. FITZSIMONS replied, that there had been considerable and recent
importations of this article into the United States--30,000 bushels in
one year; certainly this interferes with the products of the country. He
moved ten cents per bushel, and it was agreed to.
On motion of Mr. AMES, barley was taxed six cents, and lime one hundred
cents. He just stated that these articles were imported in considerable
quantities from a neighboring State that had not yet adopted the
constitution; and, perhaps, said he, our political situation is such as
to make some regulation on this head necessary.
On nails, spikes, tacks, and brads.
Mr. LEE did not think we were ripe for such extensive manufactures as
some gentlemen seemed desirous of encouraging; but this was particularly
objectionable, because it was a tax upon the improvement of estates,
unless the articles could be furnished as cheap and abundantly at home
as they were by foreign nations. He moved to strike it out.
Mr. MADISON conceived this, like a tax on hemp, would increase the price
on ship-building; spikes and nails were necessary for the construction
of vessels.
Mr. BLAND thought a duty on nails an unequal tax, burthening the
Southern States, but not felt by the Northern, who made only enough for
their own consumption; he opposed it also on account of its being an
article of indispensable necessity.
Mr. GOODHUE informed the gentlemen who were opposed to a duty on nails,
that great quantities of them were manufactured for exportation in
Massachusetts and Pennsylvania, and he believed some other States; and,
in a little time, enough might be made to supply all North America.
Mr. TUCKER judged, from what was said of the little expense and great
facility of manufacturing nails, that it stood in no need of legislative
assistance. Why lay a duty on foreign nails, when they cannot rival you
if you make them as good and as cheap? Will not the five per cent. duty,
with freight and shipping charges, be sufficient encouragement? He
thought it would, and therefore was averse to any other duty. He
observed also, that it would burthen ship-building, and was,
consequently against those employed in that business.
Mr. FITZSIMONS was not very solicitous about the duty. He thought the
manufacturer would have but little to apprehend if the Legislature
should decide against them; for, the fact was, that nails were at this
moment made cheaper and, in the opinion of some judges, better than
those coming from England. Before the revolution, the people in America
were not permitted to erect slitting mills. They now have several, and
are independent of all the world for the materials necessary for
carrying on the business in the most extensive manner. So far as the
duty respected the manufacture in Pennsylvania, it was his opinion that
refusing it would do no material injury, and he believed it would draw
but little money into the treasury; yet, nevertheless, he was willing to
allow a small one, because it conformed to the policy of the States, who
thought it proper, in this manner, to protect their manufactures. He
believed neither spikes nor nails for ship-building were imported; they
were generally large and heavy, and were made in the country, according
to the builder's orders.
On the motion, nails and spikes were taxed one cent per pound, but tacks
and brads were struck out.
On salt, per bushel.
Mr. BURKE.--I need not observe to the committee that this article is a
necessary of life, nor that black cattle, sheep, and horses do not
thrive without it; on these considerations alone I should oppose it; but
I know likewise that it is a tax particularly odious to the inhabitants
of South Carolina and Georgia, to whom the price is already
oppressively great. The back parts of that State are obliged to haul all
they consume, two, three, or four hundred miles in wagons, for which
they pay about seven shillings sterling. Add this to the first cost,
which is about one shilling, though sometimes more, and you will find
the burthen sustained by those who live remote from the sea-shore
sufficiently unequal. I hope, therefore, the committee will not agree to
it.
Mr. LAWRENCE hoped a duty would be laid on the article; it was in
general use, and the consumption so regular, that it was much to be
depended upon as a source of revenue; but the duty ought not to be so
high as to make it oppressive. He moved to impose a duty of six cents
per bushel.
Mr. TUCKER felt an aversion to laying a duty on salt for several
motives. It would bear harder upon the poor than upon the rich. The true
principle of taxation is, that every man contribute to the public
burthens in proportion to the value of his property. But a poor man
consumes as much salt as a rich man. In this point of view, it operates
as a poll-tax, the most odious of all taxes; it does not operate simply
as a poll-tax, but is heavier on the poor than on the rich, because the
poor consume greater quantities of salted provisions than the rich. Nor
does it bear equally upon every part of the country; for it is consumed
in a greater proportion by cattle at a distance, than by those near the
sea shores. Moreover, the duty collected on the importation will enter
into the price of the article, and the countryman will pay the retailer
a profit on the tax, perhaps of four times its amount. For which
reasons, he was more averse to this article being taxed than any other
whatsoever.
Mr. SCOTT declared himself decisively against the duty, although he
admitted a most certain revenue could be drawn from it, on account of
its universal demand and utility. But he did not think these
considerations alone amounted to a sufficient reason why this necessary
article should be taxed; if they did, the argument would prove too much,
it would extend to the use of water and common air. He presumed the old
arguments often urged by gentlemen in favor of manufactures did not
apply, because no encouragement would be sufficient to establish it.
From the nearest part of the Atlantic coast, where salt can be obtained,
to the next nearest in the Western territory, is a distance of eight
hundred or one thousand miles; all the intermediate space must be
supplied from one or the other; over the mountains it must be carried on
pack-horses. This of itself is a sufficient tax upon the consumer; how
oppressive then must it be to increase the burthen.
Mr. MOORE observed upon the inequality, as it respected the consumption
of the article by cattle: some States raised more than others,
consequently they consumed more; some parts of the same State were in a
like situation. The people on the sea-coast pursued merchandise; those
in the back parts raised cattle, which he was bold to say consumed five
times as much salt as the lower country, and would pay the tax in the
same proportion. It has been said, that if they pay more on salt, they
pay less on other articles--agreed to. But there are a number more which
may perhaps unequally affect them; yet it is an argument of small weight
to say, because we in large commercial cities are regulated in a
sumptuary manner for indulging in luxuries, you who are obliged to
retrench them shall pay a tax upon the necessaries of life. In short,
the tax appeared to him not only unpopular, but unjust likewise, and he
would not agree to it.
Mr. SMITH (of South Carolina.)--If any further arguments were necessary
to convince the committee of the impropriety of the present measure,
more might be urged, though what has been said is certainly sufficient
to demonstrate that it will be attended with a great deal of
dissatisfaction, and in proportion to that dissatisfaction will be the
danger of having your laws contemned, opposed, or neglected in the
execution. It is well known, that however small the duty, it will
furnish a pretext to the seller to extort a much greater sum from the
consumer. Another observation. It is believed that the inhabitants of
the interior part of South Carolina are opposed to the new Government;
it will be a melancholy circumstance to entangle ourselves, at this
time, among the shoals of discontent; yet no stronger impulse could be
given for opposition than the proposed tax; conceiving it in this light,
he was against the measure.
Mr. SCOTT added, that the price of salt where he lived was four dollars
a bushel, the country was settled three or four hundred miles beyond
him, and he supposed the price there to be greater.
Mr. LAWRENCE thought it would be better for the committee to take time
to examine what had been urged against the tax, and as it was the usual
time for adjourning, the committee might rise and defer their decision
till to-morrow.
Whereupon the committee rose, and the House adjourned.
FRIDAY, April 17.
BENJAMIN CONTEE, from Maryland, appeared and took his seat.
_Duties on Imports._
The House again resolved itself into a Committee of the Whole on the
state of the Union, Mr. PAGE in the chair; the question of laying a duty
on salt recurred.
Mr. LAWRENCE.--I had the honor yesterday of delivering my sentiments in
favor of this duty; but observations were made by gentlemen from
different parts of the House against the measure. The principal
objection was, that the tax was an odious one. It was admitted by a
worthy gentleman from Pennsylvania (Mr. SCOTT) that all taxes are
odious; this is certainly true, for the people are not pleased with
paying them; nothing but necessity will induce a Government to have
recourse to them. It is also true, that some are more odious than
others. From what has been said, it may be seen that a tax on salt is
not so in general, but only in particular parts of the Union; the remote
inhabitants, it is said, will be dissatisfied, because it increases the
price of the commodity, and they use more of it than others. It is
mentioned as partaking of the nature of a capitation tax, but this kind
of tax is odious, more from its manner of operation than its nature. We
find in some States where it is in use, the people live easy under it;
for example, it is not complained of in some of the Eastern States. We
have not much to apprehend from a tax on salt in this State; the people
are satisfied with it; at least the complaints are neither so loud nor
so general, as to make us apprehensive for the existence of the
Government we live under. Its operations, though the contrary was
predicted, go on with as much ease since an impost has been laid, as
they did before. I believe, likewise, we have only to try the
experiment, to be convinced it would have a similar effect throughout
the continent; for I cannot persuade myself that it is generally looked
upon in so odious a light as some gentlemen imagine. It was also said,
that the tax would be unequal, and the objects of inequality were two.
The poor man would pay as much as the rich; but this is not the case;
the rich are generally more profuse in their consumption than the poor;
they have more servants and dependents also to consume it; consequently
the whole amount of their consumption must be in a proportionable ratio.
The other inequality was its different operation in different States,
and even different parts of the same State. On examination, this
objection also may be obviated. Gentlemen tell you the high price of
this article at three or four hundred miles distance; is it not hence
presumable that there they consume as little as possible, while along
the sea-coasts they use it with a liberal hand? But whether it be
consumed on the sea-coast, or on the western waters, the tax is the
same, or but inconsiderably augmented; for I take it the great addition
which is made is in consequence of the charge of carriage. I cannot,
therefore, see by what magic gentlemen will prove to you that it is
increased four or five fold. We must also take into contemplation the
number of persons who consume it; here it will appear, that the weight
of population is much greater on the sea-coast than in the western parts
of Pennsylvania, Virginia, and Carolina, consequently the consumption
must be greater. It was said, the argument I urged was not a good one,
because it proved too much, that an article of general consumption was
not the best article for taxation; now, I believe the maxim is just, and
when examined it will be found so. Taxes, to be just, should affect all,
and equally affect them, and not be left to fall partially upon a few.
This is more the case with salt than any other article which has yet
been taxed, and I believe is the only tax which will get at the pockets
of those to whom it is said to be obnoxious. But how comes it, if the
other articles are equally consumed in the back countries, that
gentlemen did not urge the argument of expense on transportation, and
the pretext that a tax would furnish the seller to extort from the
consumer.
Mr. MADISON.--From the nature of the arguments made use of on this
occasion, it is necessary to proceed with some circumspection, though
not to depart from that policy which can be justified by reason and
experience. I am willing to trust a great deal to the good sense,
justice, and penetration of our fellow-citizens for support; and though
I think it might be just to lay a considerable duty generally on
imported articles, yet it would not be prudent or politic, at this time,
to do so. Let us now proceed to consider the subject before us, on the
principles of justice and principles of policy. In the first point of
view, we may consider the effect it will have on the different
descriptions of people throughout the United States, I mean different
descriptions, as they relate to property. I readily agree that, in
itself, a tax would be unjust and oppressive that did not fall on the
citizens according to their degree of property and ability to pay it;
were it, therefore, this single article which we are about to tax, I
should think it indispensable that it should operate equally, agreeably
to the principle I have just mentioned. But in order to determine
whether a tax on salt is just or unjust, we must consider it as part of
a system, and judge of the operation of this system as if it was but a
single article; if this is found to be unequal, it is also unjust. Now,
examine the preceding articles, and consider how they affect the rich,
and it will be found that they bear more than a just proportion
according to their ability to pay; by adding this article, we shall
rather equalize the disproportion than increase it, if it is true, as
has been often mentioned, that the poor will contribute more of this tax
than the rich. When we consider the tax as it operates on the different
parts of the United States, dividing the whole into the northern,
middle, and southern districts, it will be found that they contribute
also in proportion to their numbers and ability to pay. If there be any
distinction in this respect, it will be perceived to be in favor of the
southern division, because the species of property there consists of
mouths that consume salt in the same proportion as the whites; but they
have not this property in the middle and northern districts to pay taxes
for. The most important objection is, that the western part of our
country uses more salt than any other; this makes it unequal; but,
considered as a part of a system, the equilibrium is restored, when you
find this almost the only tax they will have to pay. Will they
contribute any thing by consuming imported spirits? Very little. Yet,
this is a principal source of revenue; they will subsist upon what they
procure at home; and will they submit to a direct tax, if they murmur at
so light a one on salt? Will they submit to an excise? If they would, I
trust it is not in the contemplation of gentlemen to propose it.
Mr. WHITE, after some doubts, had made up his mind against the article
being taxed. We ought to pass no law that is unjust or oppressive in its
nature, or which the people may consider as unjust or oppressive; a duty
on salt would be considered in that light by a great number. Our
constituents expect some ease and relief, particularly the poorer sort
of people. It seems to be granted, from all that has been said, that it
will affect them in a manner which no other tax can, though, it is said,
they will not be affected beyond their proportion, as they pay nothing
for the consumption of wine, spirits, &c. because they use none. One
reason which influenced the committee to tax those articles, was to
abolish the use of them altogether, or prevent the excesses they
occasioned. Now will you urge in argument for taxing the poor, that they
already practise that temperance which you desire to bring universally
about? All taxes, it is admitted, are odious, and some merely from
opinion; but if they are odious from opinion, they ought to be carefully
guarded against, especially if the Government depends upon opinion for
support.
Mr. SMITH, of Maryland, said, they collected eight cents in his State,
and it caused no complaint that he knew of.
The question on imposing six cents on salt was put and carried, as was a
motion for a drawback on salted provisions and fish.
On manufactured tobacco.
Mr. SHERMAN moved six cents, as he thought the duty ought to amount to a
prohibition. This was agreed to.
On snuff, ten cents per pound.
Mr. CARROLL moved to insert window and other glass. A manufacture of
this article was begun in Maryland, and attended with considerable
success; if the Legislature were to grant a small encouragement, it
would be permanently established; the materials were to be found in the
country in sufficient quantities to answer the most extensive demand.
A desultory conversation arose in the committee respecting the propriety
of receiving the motion at this time, when it was agreed to add on all
window and other glass, except black quart bottles, ten per cent. _ad
valorem_.
Mr. CLYMER informed the House of the state of the paper mills in
Pennsylvania; they were so numerous as to be able to supply a very
extensive demand in that and the neighboring States; they annually
produce about 70,000 reams of various kinds, which is sold as cheap as
it can be imported. This manufacture certainly is an important one; and
having grown up under legislative encouragement, it will be wise to
continue it. Thereupon it was agreed to lay an impost of seven and a
half per cent. _ad valorem_ on blank books, writing, printing, and
wrapping paper, and pasteboard; the same, without debate, was laid upon
canes, walking-sticks, whips, clothing ready made, on gold, silver, and
plated ware, and on jewelry and paste work; upon cabinet ware, buttons
of metal, saddles, gloves of leather, all hats of beaver, fur, wool, or
mixture of either, all millinery, castings of iron, or slit or rolled
iron, all leather tanned or tawed, or manufactures thereof, except such
as are otherwise rated.
On every coach, chariot, or other four wheel carriage, and on every
chaise, solo, or other two wheel carriage, or parts thereof, fifteen per
cent. _ad valorem_.
SATURDAY, April 18.
Mr. WHITE, from the Committee of Elections, reported that the committee
had examined the certificates and other credentials of the members
returned to serve in this House, and found them entitled to take their
seats; which report was concurred with.
_Duties on Imports._
The House again resolved itself into a Committee of the Whole on the
state of the Union, Mr. PAGE in the chair.
On motion of Mr. GOODHUE, anchors at seven and a half per cent. _ad
valorem_, was added.
On motion of Mr. SHERMAN, nutmegs, cinnamon, raisins, figs, currants,
and almonds, were struck out.
Mr. AMES introduced wool cards, with observing that they were
manufactured to the eastward as good and as cheap as the imported ones.
Mr. CLYMER mentioned, that in the State of Pennsylvania, the manufacture
was carried to great perfection, and enough could be furnished to supply
the demand. A duty of fifty cents per dozen was imposed on wool cards.
On wrought tin ware, seven and a half per centum _ad valorem_; on every
quintal of fish, fifty cents; and on every barrel of pickled fish,
seventy-five cents.
Mr. FITZSIMONS moved the following: On all teas imported from China or
India, in ships built in the United States, and belonging wholly to a
citizen or citizens thereof, as follows: on bohea tea, per pound, six
cents; on all souchong and other black teas, ten cents; on superior
green teas, twenty cents; on all other teas, ten cents.
On all teas imported from any other country, or from China or India, in
ships which are not the property of the United States, as follows: on
bohea tea, per pound, ten cents; souchong, and other black teas, fifteen
cents; on superior green teas, thirty cents; on all other green teas,
eighteen cents per pound.
Mr. FITZSIMONS supported the motion, by observing that one effect of the
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