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H. of R.]

River Delaware.

[DEC. 29, 1790.

Mr. WHITE said, if the gentleman had pro- Mr. SCOTT's motion was negatived. posed the amendment to the clause which ret Mr. LAWRENCE then proposed that public sespects large purchases, he should not have ob-curities should be struck out. The gold and jected to it. He, however, objected to it in the silver, said he, received for the land, may be present case; and, in order to show that a fixed appropriated to sinking the debt, agreeable to price was most eligible for small quantities, he the provision already made for appropriating instanced the practice of Lord Fairfax, who the surplus revenue. had been a great proprietor in Virginia; and also Mr. JACKSON objected to the motion. He obthe practice of the first proprietors of Pennsyl-served, that the lands in the Western territory vania. These sold their lands, good and bad, had always been considered as a fund for sinkat one price; their experience for such a lengthing great part of the public debt of the Union; of time, near a century, he thought sufficient to show that mode to be most eligible. He would not object to fixing that condition to special contract. Mr. SEDGWICK obviated the objection in the first instance, by saying that the officers will be able to determine, with very considerable precision, what will be for the interest of the United States. He said experience had proved that there were no insuperable difficulties in the case. Mr. MOORE observed, that the actual value of the best lands in that territory was about thirty cents per acre. When all of that description is sold, the next will bring the same price, from whence he inferred, that there could be no difficulty or loss attending fixing the price. He stated some difficulties which would result from adopting the mode proposed.

he wished not to lose sight of this object. Many persons have securities in their possession, who may be disposed to apply them to the purchase of lands. Those persons may not find it convenient to turn their paper into gold and silver, and I see no necessity for this roundabout process—a more simple method is to be preferred. As the gentleman last up had thought proper to allude to the act passed the last session, making provision for the reduction of the public debt, he begged leave to offer a few remarks on that subject. It is true we appropriated a surplus revenue of one million of dollars to be applied to purchasing the public debt, in the market, while at a reduced price; but what is the result? By the report of the Commissioners, it appears that only two hundred thouMr. SHERMAN observed, that the committee sand dollars of the debt have been bought; the was now only settling principles. The princi- securities have risen, and one description of pal objection to the idea of leaving the price them is nearly at par. Why the whole sum has discretionary, appeared to rise from the difficul- not been applied to make purchases when the ty of carrying it into execution. He endeavor-price was low, I am not able to say; but the ed to obviate the difficulties. He said there was undoubtedly a great difference in the value of the lands. He had been informed by a surveyor, that some of these lands are worth a guinea per acre. He doubted not that such information may be obtained by the surveyors, as that a very great saving may be made to the United States.

benefit to the public derived from the measure is so trifling, that it suggests a sufficient reason to my mind for not agreeing to appropriate any more money in that way.

Mr. LAWRENCE, in answer to Mr. JACKSON, observed, that it is true the sum of one million of surplus revenue was appropriated as a sinking fund the last session; but it was well known Mr. BLOODWORTH said, he was in sentiment that that sum was not then in the Treasury, nor with the gentleman from Virginia. His expe- was the whole expected to be realised till torience in the State of North Carolina was en-wards the close of the year; this would account tirely in favor of fixing a price.

Mr. SEDGWICK's motion being put, was lost. Mr. SCOTT then moved, that the clause which makes a discrimination in the securities to be paid for the land, should be struck out. His idea was, that all the securities should be received at their face for the land. He said, this he considered as the only apology the United States could make to their creditors, for not paying them six per cent. on the whole of their demand. Mr. FITZSIMONS objected to the motion. He said it would be reducing the price of the land to one-half the sum already agreed to.

Mr. LAWRENCE preferred to Mr. SCOTT's motion, striking out all that relates to public securities, and making gold and silver only a tender for the land.

Mr. SEDGWICK was in favor of the article as in the report. He enlarged on the importance of sinking the public securities, and making provision for extinguishing the deferred stock in a particular manner.

for the whole amount not being appropriated. With respect to the proceedings of the Commissioners, he was not so fully informed as to give the committee full information on the subject; but doubted not that their transactions would be found to be perfectly conformable to the spirit and meaning of the law under which they acted.

The motion for striking out public securities was lost.

WEDNESDAY, December 29. and took his seat. DANIEL CARROLL, from Maryland, appeared

RIVER DELAWARE.

Agreeably to the order of the day, the House resolved itself into a Committee of the whole, Mr. BOUDINOT in the chair, on the bill to provide for the delivery of goods, wares, and merchandise, in the river Delaware, in the State of Pennsylvania, in case of obstruction by ice.

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MILITIA BILL.

PRISONERS AT ALGIERS.

[H. OF R.

A message was received from the President of the United States, communicating a report from the Secretary of State, upon the subject of the prisoners who are in captivity at Algiers. On motion,

Ordered, That the Secretary of the TreasuThe House proceeded to consider a motion ry be directed to report to this House the made yesterday by Mr. TUCKER. that the com- amount of the exports from the several districts mittee appointed to prepare and bring in a mili-within the United States respectively; also, the tia bill, be instructed to bring in a clause to this effect:

Be it enacted, That the militia of the several States of the Union, consisting of such persons as are or may be enrolled by them respectively, shall be organized, armed, and disciplined in the manner following.

And on the question to agree to this motion, the yeas and nays being called for, it passed in the negative.

amount of duties arising on imports and ton-
nage from the first of August, 1789, to the thir-
be from thence to the end of the year.
tieth of September, 1790, and as soon as may

MEDITERRANEAN TRADE.

The SPEAKER informed the House that he had some communications to make of a private nature, respecting our trade in the Mediterranean. The galleries were ordered to be shut.

FRIDAY, December 31.

John STEELE, from North Carolina, appear

YEAS.--Messrs. Ashe, Bloodworth, Floyd, Grout, Livermore, Thatcher, Tucker, Williamson.--8. NAYS.--Messrs. Ames, Baldwin, Benson, Boudied and took his seat. not, Bourne, Brown, Burke, Cadwalader, Carroll, Fitzsimons, Foster, Gerry, Gilman, Goodhue, Griffin, Giles, Hathorn, Heister, Huntington, Lawrence, Lee, Madison, Matthews, Moore, P. Muhlenberg, Parker, Partridge, Van Rensselaer, Scott, Sedgwick, Seney, Sevier, Sherman, Sylvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Trumbull, Wadsworth, White, Wynkoop.-43.

The House again resolved itself into a Committee of the whole on the state of the Union, Mr. BOUDINOT in the chair.

PETITION OF HENRY LAURENS. The petition of Henry Laurens, of South Carolina, as guardian to his grand-daughter, Frances Eleanor Laurens, the orphan daughter of the late Lieutenant-Colonel John Laurens, was presented, praying for interest on an allowance made by a resolution of the late Congress, for the services of her late father on an embassy to France. -Referred.

JUDICIARY.

The SPEAKER laid before the House a letter The committee proceeded to the further con- from the Attorney General, accompanying his sideration of the report of the Secretary of the report on such matters relative to the adminisTreasury respecting the establishing Land-offi-tration of justice under the authority of the ces for the disposal of vacant lands belonging to the United States.

United States, as may require to be remedied; and, also, such provisions in the respective ca

Further progress was made, but the commit-ses as he deems advisable, made pursuant to an tee rose without finishing the discussion.

THURSDAY, December 30.

RIVER DELAWARE.

The engrossed bill to provide for the unlading of goods, wares, and merchandise, in case of obstructions by ice, was read a third time and passed.

DUTY ON SPIRITS.

Mr. SEDGWICK, from the committee appointed for that purpose, reported a bill repealing, after a certain time, the act heretofore passed, imposing duties on distilled and other spirits imported from abroad, and laying others in their stead; and for altering the mode of collecting said duties, &c. which was read the first and second time, and referred to a Committee of the whole House on Tuesday next.

Mr. CLYMER presented a petition from the College of Physicians in Philadelphia, praying that such heavy duties may be laid on distilled spirits, as shall be effectual to restrain their intemperate use.

order of this House of the fifth of August last; which were read, and committed to a Committee of the whole House.

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report of the Secretary of the Treasury relative to the establishment of Land-offices for the sale of lands in the Western territory. The SPEAKER read the report.

The first resolution provides for the establishment of a General Land-office at the seat of Government. The second, for two subordinate Land-offices in the Western territoryone to the south, the other to the northwest of the Ohio. The third, that all sales above acres shall be negotiated at the General Landoffice. Fourth, Indian titles to be extinguished previous to any sale. These resolutions were adopted by the House, without a division. The fifth resolution provides that convenient locations shall be set off for actual settlers. This resolution, on motion of Mr. ScOTT, was struck out. He proposed a substitute, which, after some debate, was disagreed to. The sixth resolution provides, that the seven ranges already laid out shall be surveyed and sold. This was adopted. The seventh, that any quantities within natural boundaries, or lines, or both, may be sold. This was agreed to, with an addition proposed by Mr. BURKE, that for every chain surveyed and sold on the banks of a navigable river, the purchaser shall be obliged to take chains back. The eighth resolution states, that the price of the land shall be thirty cents per acre, to be paid in gold or silver, or in the public securities, estimating the six per cents at par with specie, and those of an inferior value at a proportionate rate.

Mr. BOUDINOT proposed that this resolution should be altered, so that all the securities should be received in payment for the land, as at par. He stated sundry objections to discrimination between the several denominations of the securities, and urged the justice of making all an equal tender for the land. By this means the United States will do some justice to the public creditors, in respect to the deferred part of the debt; besides, it will conduce more rapidly to sinking the public debt, and expedite the selling of large quantities of the land. He moved an amendment to this purport-this was seconded by Mr. STEELE, and supported by Mr. LEE.

Mr. LIVERMORE was in favor of selling the land for deferred stock and three per cents only.

TUESDAY, January 4.

UNIFORM MILITIA.

[JAN, 4, 1791.

Mr. WADSWORTH, from the committee to whom was recommitted the bill more effectually to provide for the national defence, by establishing a uniform militia throughout the United States, presented an amendatory bill, which was twice read and committed.

TREASURER'S ACCOUNTS.

The SPEAKER laid before the House a statement of the Treasurer's accounts of receipts and expenditures, from the first of July to the thirtieth of September last, which was ordered to lie on the table.

PUBLIC LANDS.

The House again resumed the consideration of the report of the Committee of the whole on the state of the Union, on the report of the Secretary, and agreed to the following resolutions:

Resolved, That it is expedient that a General Landoffice be established and opened at the seat of Government of the United States.

"That two subordinate Land-offices be establish

ed and opened; one in the Government northwest of the Ohio, and the other in the Government south of the Ohio.

"That all contracts for the sale of land above the

quantity of acres, shall be exclusively made at the General Land-office.

"That no land shall be sold, except such in respect to which the titles of the Indian tribes shall have been previously extinguished,

"That the seven ranges already surveyed be sold in lots as laid out.

tract comprehended either within natural boundaries "That any quantities may be sold by special conor lines, or both; but no survey shall in any case be made on a river; but in the proportion of -- chains back from such river for every chain along the bank thereof.

"That the price shall be thirty cents per acre.

"That warrants for military services be put on the same footing with warrants issuing from the Land-office; and that the exclusive right of locating the same in Districts set apart for the army cease after the day of

"That no credit shall be given for any quantity less than a township of six miles square, nor more than two years' credit for any quantity.

"That in every instance of credit, at least one

Mr. FITZSIMONS, Mr. SEDGWICK, Mr. SMITH of South Carolina, and Mr. SENEY, were op-quarter part of the consideration shall be paid down, posed to Mr. BOUDINOT's motion. They conand security, other than the land itself, shall be residered it as interfering with the funding system; it would open the doors to speculation, and, in its effects, would be giving a douceur to persons to whom the United States are under no special obligations whatever.

Mr. BOUDINOT's proposition so far obtained, as to alter the resolution, to read that gold and silver, or public securities, (without discrimination,) should be received in payment for the

land.

A motion to strike out thirty cents was nega

quired for the residue. And that no title shall be quantity for which the consideration shall be actually given for any tract or part of a purchase, beyond the

paid.

"That the of each subordinate office shall warrants for all locations in the tracts to be set apart have the management of all sales, and the issuing of for the accommodation of individual settlers, subject to the superintendency of the of the General Land-office, who may also commit to them the management of any other sales or locations, which it may be found expedient to place under their direc

tion.

JAN. 5, 1791.]

Duties on Spirits.

"That preference be given for a limited time to those actual settlers whose titles are not secured by the former Governments of that country and the existing ordinances and acts of Congress.

[H. OF R.

Ordered, That a bill or bills be brought in pursuant to said resolutions, and that Messrs. WHITE, SCOTT, and BLOODWORTH do prepare and bring in the same.

WEDNESDAY, January 5.

DUTIES ON SPIRITS.

"That there shall be a Surveyor General, who shall have power to appoint a Deputy Surveyor General in each of the Western Governments, and a competent number of Deputy Surveyors to execute in person all warrants to them directed by the SurThe House, agreeably to the order of the veyor General, or the Deputy Surveyor Generals, day, resolved itself into a Committee of the within certain Districts to be assigned to them re- whole, (Mr. BOUDINOT in the chair,) and took spectively. That the Surveyor General shall also into consideration the bill repealing after a cerhave in charge all the duties committed to the Geo-tain time the act laying duties on distilled grapher General by the several resolutions of Congress.

"That all warrants issued at the General Landoffice shall be signed by and shall be directed to the Surveyor General. That all warrants issued at a subordinate office shall be signed by and shall be directed to the Deputy Surveyor General within the Government. That the priority of locations upon warrants shall be determined by the times of the applications to the Deputy Surveyors; and in case of two applications for the same land at one time the priority may be determined by lot.

"That the Treasurer of the United States shall be the receiver of all payments for sales made at the General Land-office, and may also receive deposites of money for purchases intended to be made at the subordinate offices; his receipt or certificate for which shall be received in payment at those offices.

"That the Secretary of each of the Western Governments shall be the receiver of all payments arising from sales at the office of such Government.

of

"That controversies concerning rights to patents or grants of land shall be determined by the that office under whose immediate direction or jurisdiction the location, in respect to which they may arise, shall have been made.

"That the of the General Land-office, Surveyor General, Deputy Surveyor General, and the

of the Land-office in each of the Western Governments shall not purchase, nor shall others purchase for them in trust, any of the public lands.

"That the Secretaries of the Western Governments shall give security for the faithful execution of their duty as receivers of the Land-office.

"That all patents shall be signed by the President of the United States, and shall be recorded in the office of the Secretary of State.

"That all officers acting under the laws establishing the Land-office shall make oath or affirmation faith

fully to discharge their respective duties, previously to their entering upon the execution thereof.

"That all surveys of land shall be at the expense of the purchasers or grantees. "That the fees shall not exceed certain rates, to be specified in the law, affording equitable compensations for the services of Surveyors, and establishing reasonable and customary charges for patents and other office papers, for the benefit of the United

States.

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spirits, &c. and imposing others in their stead. Mr. PARKER moved that the whole bill should be again read. This was objected to as a needless expense of the time of the committee, especially as the substance of the bill had been printed. Mr. P. insisting on his motion, and the rules for conducting business in the committee of the whole being called for and read, the opposition to reading the bill was withdrawn.

The bill being read through, and the first paragraph being repeated by the Chairman,

Mr. JACKSON moved to strike out the essential part of the first clause. He stated his objections at large against the principles of the bill, and reprobated the funding system, and an excise in particular as an auxiliary to it.

The tenor of his observations were to show that this mode of taxation was odious, unequal, unpopular, and oppressive, more particularly in the Southern States; in which he observed its unequal operation would be most sensibly felt, as the citizens of those States have no alternative to adopt by which they can diminish the weight of the tax-no breweries or orchards to furnish a substitute for spirituous liquors; hence they become a necessary article. He contended that they were not only necessary, but salutary in the Southern regions. This, he said, had been acknowledged by an Eastern author, Mr. Morse, an authority which he presumed would not be disputed by the Northern gentlemen, especially when it was considered he was a clergyman. Mr. M. declares that Southern States. grog is a necessary article of drink in the

Mr. J. took notice of the petition of the College of Physicians, which had been lately read in the House on the subject of distilled spirits. He disapproved highly of their interfering in the business. He thought they might with equal propriety interpose their offices to prevent the use of many other articles which were deemed pernicious or of a poisonous quality. He instanced mushrooms; they might petition Congress to pass a law interdicting the use of ketchup, because some ignorant persons had been poisoned by eating mushrooms.

Mr. J. then gave a short sketch of the history of excises in England. He said they always had been considered by the people of that country as an odious tax, from the time of Oliver Cromwell to the present day; even Blackstone,

H. OF R.]

Duties on Spirits.

[JAN. 5, 1791.

through the country, prying into every man's house and affairs, and like a Macedonian phalanx bear down all before them. And though the Government has proceeded with a degree of prosperity and success beyond the most sanguine expectations, yet he very much doubted the policy of trying its strength by an experiment of this nature.

Recurring to the actual and probable produce of the duties already laid, he attempted to show that the additional sum of upwards of eight

a high prerogative lawyer, has reprobated them. He said, he hoped this country would take warning by the experience of the people of Great Britain, and not sacrifice their liberties by wantonly contracting debts which would render it necessary to burthen the people by such taxes as would swallow up their privileges. We are, said he, too much in the habit of imitating that country; and I plainly perceive that the time will come when a shirt shall not be washed without an excise. He then expatiated on the unequal operation of excises, and in-hundred thousand dollars, contemplated to be stanced the experience of this State. A few raised by this bill, is not necessary. He concountries, said he, approximate to the capital, troverted the policy of the measure, and conhave borne the weight of the whole, while the tended that it would, in all probability, rather distant parts of the State did not feel the bur-diminish than increase the revenue of the United then; and by an indication of several particu- States. For the mercantile part of the commulars he showed its unequal operation in the nity, who have been applauded for acting so Southern States. It will deprive the mass of honorably in making their entries, and paying the people of almost the only luxury they enjoy, the impost, will find it for their interest to alter that of distilled spirits. He did not see the their conduct; they will combine to defeat the necessity of passing this law the present ses- excise, which will in its operations bear so unsion. The amount of the produce of the duties equally on them. laid last session is not yet known, nor is it yet ascertained whether the citizens will subscribe to the assumption. Let us not lay a tax for a purpose which may never exist; for my part, I hope they never will subscribe. He then adverted to the excess of the duties already laid, and the probability of a great increase of that excess; and urged the propriety of waiting at least another quarter to see what that excess may amount to. The observations he enforced by recurring to the recent transactions of the States of Maryland, Virginia, and North Caro-burthens is necessary. lina; and he expected to hear very shortly that the Assembly of Georgia had expressed similar opinions with the latter States on the business of the assumption. He concluded by express ing a general disapprobation of the various parts of the bill.

Mr. PARKER said, he had seconded the motion of the gentleman from Georgia, not because he was more averse to this particular clause than to the subsequent parts of the bill. He exceedingly disliked the several provisions contained in it. He then adverted to the general process of the revenue business the last session; and observing on the conduct of the mercantile interest, to which so much credit had been given, said, he thought they were not entitled to the liberal encomiums which had been bestowed on them for their promptitude in paying the duties, as the certainty and increase of the revenue had served to enhance the value of the public securities, of which it is well known they hold a very considerable portion.

He then touched on the subsequent parts of the bill, which he reprobated as hostile to the liberties of the people, as contrary to the general sentiment, not only as partial and unequal in the mode of assessment, but particularly on account of the mode of collecting the tax. It will, said he, convulse the Government; it will let loose a swarm of harpies, who, under the denomination of revenue officers, will range

He objected very particularly to the bill on account of its tendency to promote smuggling. Mr. P. said, no man was more heartily disposed than he was to give his approbation to every just measure for supporting the public credit, and doing every thing in his power to support the constitutional operations of the Government; but this mode of raising a revenue he considered as particularly odious to the people; and at the present moment he was not satisfied that such an increase to the public

Mr. STONE Said, he had no objection to the design of the bill so far as an additional revenue was necessary; but the mode of raising it by excise he exceedingly disliked. He had no doubt that other means might be devised; but at present he thought the committee was not sufficiently informed respecting the actual and probable amount of the revenue from the duties already imposed, to determine the necessity of an addition to the revenue. He therefore moved that the committee should rise without any further discussion of the bill at this time, and that a select committee should be appointed to make the necessary previous inquiries upon the subject, and report to the House.

Mr. FITZSIMONS observed that there was already on the table a statement from the proper officers of the product of the revenue, from September, 1789, to September, 1790. This statement was read.

The motion for the committee's rising was put and lost.

The question on Mr. JACKSON's motion for striking out the clause was put, and negatived by a great majority.

Mr. FITZSIMONS moved that the third clause should be struck out, and that a clause should be inserted referring to a clause in the collection law. The object of this motion was to shorten the proposed term of credit for the duties to four months, which Mr. F. observed

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