H. OF R.]

Vacancy in the Presidency.

vacancy, it would be in the power of the Vice President, by virtue of the power of removing officers, absolutely to appoint a successor, without consulting either branch of the Legislature. Mr. SHERMAN observed, that this matter is left with the Legislature. The whole power of the people, in case of the vacancy, devolves on the Legislature. The particular officer is not pointed out; it lies with Congress to say who it shall be. The President of the Senate is an officer of the United States. In case of the death of a Governor and Lieutenant Governor, it is common in the several States for the oldest counsellor to preside. He instanced the case of the abdication of James II. Adverting to the Constitution, he showed that the appointment of Vice President, in certain cases, devolves on the Senate. The vacancy may be filled for a longer or shorter time, and this appears to be a question previous in its nature to be determined.

Mr. SEDGWICK said he should be in favor of the motion of the gentleman from New Hampshire, if it was not for the express provision in the Constitution, which says, the office shall be filled by an officer of the United States. Should the vacancy now happen, there would be no officer in the Senate that could be appointed.

He mentioned that the office of Chief Justice was considered as next to that of President, and, therefore, on the whole, he considered him as the most proper person to fill the vacancy. He thought the bill respecting the votes for President and Vice-President should be first determined. He moved, therefore, that the committee should rise, and take up the next bill. Mr. CARROLL and Mr. LIVERMORE objected to the motion for the committee's rising.

Mr. MADISON was also opposed to the motion. He enlarged on the subject, and said he thought it a duty urged by a variety of considerations, important in themselves, and more so, perhaps, in their consequences, that the decision should be now made.

Mr. SMITH started a variety of objections to Mr. LIVERMORE's proposition. He thought it unconstitutional, as it would, in its operation, deprive a State of a vote in the Senate.

[JAN. 10, 1791.

there was an incompatibility in the offices of Secretary of State and that of President. He observed, that the appointment to the Regency, in all countries, is generally of the first law officer.

Mr. JACKSON objected to the Chief Justice, and said the Speaker of the House of Representatives was, in his opinion, the next officer in point of dignity to the President and VicePresident.

Mr. MADISON objected to the Chief Justice, as it would be blending the Judiciary and Executive. He objected to the President pro tem. of the Senate. He will be a Senator of some particular State, liable to be instructed by the State, and will still hold his office-thus he will hold two offices at once. He adverted to the other objections which had been offered against the Secretary of State, and showed the compatibility of the two offices.

Mr. STONE Stated sundry difficulties respecting all the officers that had been named; but. on the whole, thought there were fewer against the Secretary of State than any other officer that had been mentioned.

Mr. SENEY was opposed to coming to any decision at the present time. He thought more important business was before the House. He was not for making any decision that would give umbrage to any officer of the Government. The Secretary of State and the Secretary of the Treasury were equally entitled to the public notice.

Mr. CARROLL was in favor of coming to a decision; and if nothing more could be offered against the motion for filling up the blank with the Secretary of State, he presumed the committee were ripe for a decision; he referred to the situation of countries who had not, in season, made provision for a Regent, &c.

Mr. SHERMAN said, he was in favor of the committee's rising and reporting the bill, and leave the blanks to be filled up in the House.

Mr. WHITE was in favor of filling up the blank in the committee-he saw no reason for a delay. The officers mentioned are as well known now as they will be three days hence. The President and Vice-President being in Mr. BOURNE said, he seconded the motion health, is a reason why the subject should now for the committee's rising, because he conceiv-be considered; it can be done with coolness and ed there was other business of more immediate freedom from all warmth. importance to be considered; and he saw no necessity for coming to a decision on this question at the present time.

Mr. LAWRENCE supposed the blank could be filled up in the House; he was, therefore, in favor of the committee's rising.

The motion for the committee's rising was negatived.

Mr. LAWRENCE said, he thought there was no necessity for precipitating the decision. With respect to every person that has been named, difficulties have been started. The subject is important, and time should be given to deliberate on the several officers that have been named. He hoped, therefore, that the committee would rise and report the bill, and leave the blank to be filled up at another time.

Mr. BENSON was in favor of filling up the blank with the Chief Justice. He observed, Mr. BURKE was in favor of the committee's that the objection arising from the Vice-Presi- rising. He observed, that the members in gendent's having it in his power to name his suc-eral appeared to be very much undetermined. cessor, in case the Secretary of State is inserted, does not apply to the Chief Justice. He is independent of the Executive.

He pointed out several particulars, in which

This is the first day the subject has been under consideration. He hoped the members would not be precipitated to vote on the occasion.

Mr. CARROLL said, if the committee should

rise, he hoped the bill would not be reported, but that they would sit again.

Mr. BURKE said, he hoped the committee would sit again.

[H. OF R.

portations for the past year have been made on speculation, and are not to be again expected; and there will be, said he, a very great decrease in the amount of the revenue on wines. He adverted to the Western expedition, and observ

The question on the committee's rising and reporting progress was carried in the affirma-ed, a greater sum than has been mentioned will

tive.

The House again resolved itself into a Committee of the whole on the bill repealing, after the last day of next, the duties heretofore laid on distilled spirits, and laying others in their stead, Mr. BOUDINOT in the chair.

The thirteenth section, which provides for laying a duty on spirits distilled from materials the produce of the country, was read.

be wanted on that account; and the pension list, he feared, would be increased rather than diminished. On the whole, he thought there was no danger of a great excess in the revenue. The duty on domestic spirits he considered as proper; it is a duty that will be submitted to by the people, and even a direct tax would be paid without murmuring, if the necessity was made apparent.

Mr. JACKSON replied to Mr. WADSWORTH. He controverted the estimate offered by that gentleman, and then entered into a recapitulation of his arguments against the bill, and urged the postponement of it to the next session.

Mr. STONE observed, that the House had at last got into a mode of considering the subject, which ought to have been attended to at first. He adverted to the drawback stated by the gentleman from Pennsylvania; but he desired to know why this sum, which amounts to upwards of ten thousand dollars, is not mentioned by the Secretary of the Treasury. He considered the sum stated by the Secretary for the year '39, as the nett produce of the revenue; and he believed that would be found to be the sum. With respect to the decrease in the importations, this had been the cry for seven years back. He believed this would continue to be the case, though the importations, he was well satisfied, would continue to increase, and this would be owing to our increasing population.

Mr. JACKSON moved that this section should be struck out. He observed, that this he conceived to be the stage of the bill in which a stand ought to be made by its opposers. This clause respects the produce of the country, and here the friends of American manufactures and produce ought to make their exertions to defeat the bill. He then read a particular estimate, by which, he said, it appears that the proposed provision was entirely unnecessary. He then offered some general observations on the bill. The gentleman from Pennsylvania has noticDirect taxation, said he, has been objected to; ed the probable decrease in the importation of this power is as fully recognised by the Consti- teas, wines, &c. but takes no notice of the intution, as the right of laying excises; those, crease in the importation of other articles. He therefore, who are opposed to the latter, have said, gentlemen had called our attention to the as good a right to offer their objections, as those Mediterranean and Indian expeditions; but opposed to the former. The Secretary says, neither of these subjects are now before the we ought to leave direct taxes as a resource for committee. If these subjects are to be cona future emergency: but is it not better to have sidered, let us go into a committee on them and two resources than one? The impost duties see what is necessary to be done. At present, must increase, and a sufficient revenue for we are devising ways and means to pay the inevery purpose from that source is to be expect-terest of the State debts; and, with respect to ed. Why, then, should we lay this obnoxious tax? He concluded, by saying he should lay his estimate before the House.

Mr. WADSWORTH said, he had also made some calculations which he should submit to the House. In these he had taken pains to be as accurate as possible. He then read his estimate, by which it appeared that the probable amount of the impost would be diminished even below the sum stated by the Secretary of the Treasury. The tonnage, he said, would be diminished, owing to the change in the present situation of Europe, and the cessation of the demand for grain. The importation of molasses and sugar must be lessened, as the articles are not to be had. Great part of the European im

this object, he conceived the revenue to be derived from the present establishments will be sufficient for that and all the other exigencies of Government, until the year 1793. It is now said, that the excise will be sufficient for all the demands of Government; but he suspected that he should hear something on the subject of tonnage before the end of the session.

Mr. WILLIAMSON adverted to the publication of the resolutions of the Assembly of North Carolina, in which some misinformation had taken place. He then alluded to the assuinption, and observed, that since the United States had made the State debts the debts of the Union, it became necessary to provide for them, and he supposed some sort of excise was necessary.

H. OF R.]

Duty on Spirits.

[JAN. 11, 1791

He reprobated a land tax; and then observed and satisfaction which appear in others; in that excises, according to the Constitution, those which, it is presumed, bear, at least, a full ought to be equal. He proposed to equalise proportion of the burthens already imposed by them, by proposing a tax on beer and cider. If Government. there will be an excess in the revenue, as appears pretty evident, let the duty on our own produce be struck out. He insisted on the injustice of laying this duty on those States which had been adverse to the assumption.

He suggested other sources of revenue-mentioned newspapers, on which, he supposed, if a duty was laid, it would be advantageous to the public and to the printers. He concluded by saying, he hoped the thirteenth section would be struck out.

Mr. AMES offered a few remarks, to show the obligation of the Government to provide permanent funds for the payment of the interest of the debt, agreeably to the spirit of the law passed the last session; nor did he conceive that a casual surplus was any sufficient reason for not making complete provision; annual grants for the purpose of supporting the public credit had been sufficiently proved inadequate to the object.

He contended, that the operation of the bill would be to equalize the public burthens; and when this is realized, as it will be, he doubted not a spirit of conciliation and good humor would be the consequence.

Mr. JACKSON said, that the funding law had appropriated the revenue for the payment of all the debts original and assumed; and the faith of the United States is pledged only to make up such deficiencies as may happen. It appears from the calculations before the committee, that no such deficiency will be to be provided for. He wished gentlemen to show some plausible reason for this additional burthen on the people. The estimates he had offered cannot be invalidated.

Mr. PARKER said, he had heard nothing to induce him to change his mind respecting this bill. He had been uniformly opposed to excises, and he should not withdraw his opposition at the present time. He then adverted to Mr. BLOODWORTH observed, that if preju- the unequal operation of an excise, especially dices do exist, whether well founded or not, on the Southern States, which, he said, renderthey produce all the mischiefs of a well founded it entirely contrary to the spirit of the Coned opposition, until they are removed. He said stitution. He doubted not the revenue would a universal opposition to excises exists in North increase, notwithstanding the suppositious deCarolina, and he dreaded the consequences of falcations which had been mentioned. He urged this measure being urged. North Carolina has the unpopularity of the measure. The cultivabeen well disposed to the Government-what tion of the Southern orchards ought to be enis the reason this is not at present the case? It couraged by the Northern States, as the Southis owing, sir, to the measures which have been ern States had encouraged their navigation and pursued by the Government. The assumption fisheries. But if this partial duty is to be press-was a measure universally odious to the people ed upon us in this manner, I shall not think it of that State, and he believed it was so to many my duty to be equally zealous in their favor in other persons in the Southern States. With re- future. spect to the observations of the gentleman from Massachusetts, that North Carolina knew, when she adopted the Constitution, that the General Government had a right to lay excises, he observed, that North Carolina expected that some attention would have been paid to her proposed amendments. On the whole, he hoped the clause would be struck out; and if an excise is thought to be necessary, let it be laid only on foreign spirits, and spirits manufactured from foreign materials.

Mr. LIVERMORE observed, that several estimates had been offered to the committee-they cannot be all right, because they disagree. He observed, that it had not been noticed by any person that the present duty on foreign rum would be taken away by this bill, and the whole sum to be raised from that article is from the bill now under consideration. But suppose a surplusage of revenue of one or two hundred thousand dollars should be in the Treasury, which I wish with all my heart may be the case, are there not ways and means enough to apply this surplusage to the advantage of the United States? He instanced a variety of ways in which such a surplus might be applied; but he did not seriously contemplate such a surplus. He then adverted to the objection on account of the inequality. He said, the duty on spirits distilled from molasses is agreed to; why should not the spirits distilled from peaches in the Southern States be also subject to a duty? This he considered as unequal, and discovered a want of candor in the gentlemen from the Southward. He

Mr. LAWRENCE replied to Mr. BLOODWORTH'S observations, respecting confining the duty to foreign spirits. He said, this would operate to produce a very great deficiency in the revenue. The importation of foreign spirits will be destroyed, and the revenue derived from that source will be lost.

He adverted to certain objections which had been urged against the bill, from the experience of Great Britain. He showed that none of these applied to the present occasion. The bill is divested of those qualities commonly supposed to be connected with excise laws. took notice of the accounts of uneasinesses which are said to exist in some of the States, and counterbalanced them by the tranquillity

Mr. PARKER asked the gentleman if molasses was an article of the produce of this country? The Southern States have nothing by which they can procure molasses. If the gentleman

JAN. 13, 1791.]

Land Offices.

would consent to excise fish, he would consent to an excise on peach brandy.

Mr. FITZSIMONS observed, that the deficiency occasioned by the alteration in the duty on foreign rum would occasion a very considerable ddition to the deficiency in the revenu. With respect to the inequality mentioned,he said there was no probability that the Southern States would ever pay an over proportion of the revenue. Mr. WILLIAMSON stated certain particulars, to show that a just idea of the sum paid by North Carolina could not be known by any statements from the public offices. Their business is carried on coastwise. To judge of their consumption, recourse must be had to the exportations of that State. He said the exportations of North Carolina amounted to a million of dollars annually.

Mr. CLYMER said, that a gentleman from Georgia had mentioned the aversion that the people of Pennsylvania bore to an excise law. Such a law, he observed, had been in force in the State for fifty or sixty years, and the excise officers were vested with as much power as it was proposed to give them by the bill before the House; that some resistance had been offered to those officers acting in the line of their duty, but that those who opposed them in the execution of their business were severely fined. He was not convinced that the duty which it was proposed to lay on spirits by the bill under consideration, was odious to a majority of the States-the most of them had excise laws of their own, and he conceived the present bill was as well guarded as possible, by wholesome provisions, against every objection. From the statements which had been produced, there would be no great excess in the revenue he apprehended, but if there was, it would be well applied in lessening the public debts.

Mr. MADISON remarked on the observations of Mr. FITZSIMONS respecting the Southern States not paying their proportion of the impost. He showed that the trade of the Southern States was carried on by the Eastern and Northern States. That the consumption of the Southern States was proportioned to their numbers, and in this way they bore their full proportion of the public burthens.

Mr. JACKSON replied to Mr. CLYMER, and said, that if the people had been severely fined for a breach of the excise law in that State, he had been well informed that the fine had been as severely remitted.

The question on striking out the thirteenth section was negatived-33 to 17.

WEDNESDAY, January 12.

LAND OFFICES.

The bill for granting lands to the inhabitants and settlers of the town of Vincennes, in the Illinois country, northwest of the Ohio, and confirming them in their possessions, was read a second time, and referred to a Committee of the whole House.

[H. OF R.

Mr. SEDGWICK presented petitions from a number of officers and soldiers in the Massachusetts line of the late army, which were read and referred to the Secretary of War.

Mr. FITZSIMONS presented a petition from a number of tradesmen employed in the various branches of ship-building in the cities and liberties of Philadelphia, praying that they may have some speedy remedy for recovery of their debts in those branches of business, by instituting suits in the Federal Courts; which was read and laid on the table.

Also a petition from Joshua Barney, late a captain in the navy of the United States, praying to be reimbursed his expenses while a prisoner with the enemy; and that he may be put on the same footing with the other officers in the late American navy.

Also a petition of sundry officers in the late American navy, praying compensation for services, &c. The two last petitions were read, and referred to a select committee of five menbers.

Mr. WILLIAMSON moved that the rule of the House, in these words, "that no bill amended by the Senate shall be committed," may be expunged; which was agreed to by the House. A message was received from the Senate, informing this House that they have passed a bill for erecting that part of the State of Virginia, called the district of Kentucky, into a separate State, and for admitting the same as a member of the Union, to which they desire the concurrence of the House.

In Committee of the whole on the bill repealing, after the last day of next, the duties heretofore laid on distilled and other spirits imported from abroad, and laying others in their stead, Mr. BOUDINOT in the chair.

The committee proceeded in the discussion as far as the forty-fifth section.

THURSDAY, January 13.

The bill from the Senate for the admission of the district of Kentucky into the Union, was read the second time, and made the order of the day for Monday next.

Mr. SEDGWICK laid the following motions on the table:

Resolved, That a committee be appointed to bring in a bill to authorize the President of the United States to cause the principal of the debt due to foreign officers, the interest whereof is now payable in Paris, at the rate of six per cent. per annum, to be discharged.

Resolved, That as it will be impracticable, during the present season, to consider and decide on the report of the Attorney General respecting the Judiciary system with that deliberation which the importance of the subject demands, the consideration of the said report be postponed.

Resolved, also, That the Attorney General be di-rected to report to this House a bill, making a temporary provision for the clerks, jurors, and other officers of the Federal Courts; and that he also re

The discussion of the remaining sections was finished; and the bill, with the several amendments, reported by the Chairman to the House. On motion of Mr. CARROLL, it was Resolved, That the consideration of the bill with the amendments be postponed, and made the order of the day for Monday next.

VACANCY IN THE PRESIDENCY.

[JAN. 13, 1791.

cancy, to meet again, and make another choice;
only, however, for the remainder of the four
years; because, at the end of that time, the pow-
and be exercised by the several States.
er of choosing the Electors should return to,

If the motion before the committee was negatived, he gave notice that he would bring in his, viz: to fill up the blank with the person last antecedently chosen President of the Senate.

Mr. BALDWIN said, that he should vote for the present motion, because he conceived that the Constitution is express, that an officer of the Government, designated either by the law or the Constitution, should be appointed to fill this vacancy. He stated some objections against the Chief Justice. He is an officer who ought to be entirely detached from all political agitations whatever-his mind ought to be kept calm and as unembarrassed as possible. He quoted the precedent established in the law instituting the Governor of the Western Territory-there the Secretary is to succeed the Governor. The The motion for filling up the blank with "the Secretary of State is an Executive officer, an Secretary of State for the time being," was re-assistant to the President, and must be supposnewed by Mr. CARROLL. ed, from his situation, to be the most proper person to supply the vacancy.

In Committee of the whole, on the bill declaring the officer who, in case of vacancy in the office of President and Vice President, shall exercise the office of President of the United States, Mr. BOUDINOT in the chair.

Mr. LIVERMORE gave notice, that he should move for leave to bring in a bill to alter the time of the annual meeting of Congress.

PRESIDENTIAL ELECTORS.

The House then went into Committee on the bill declaring the time when the Electors of President and Vice-President of the United States shall be chosen; also, when they shall meet and give in their votes-Mr. BOUDINOT

in the chair.

Mr. CARROLL renewed the motion, that the vacancy in such case be filled by the Secretary of State for the time being.

Mr. LIVERMORE observed, that the character of the gentleman who fills that office should have no weight in determining the question, because the House was about to provide for a case that might not happen before a number of years were elapsed. The House should fix on the officer who would, from the nature of his office, most naturally succeed. He hoped they would not determine in favor of an officer of their own creating, and of which no mention is made in the Constitution. The Chief Justice, he remarked, had been spoken of: one great objection he mentioned against him-the provision which the Constitution makes in case the President is impeached, viz: that he should preside. As this was an elective Government, he wished its principles preserved, and not to see the Chief Magistracy filled by an officer not the choice of the people. The President of the Senate pro tem. appeared to him a much fitter officer to fill that station: he was originally chosen by the people to the Senate.

When amendments to the Constitution came to be thought of, perhaps it would be proper to provide for this case by a special clause in it, empowering the Electors who had chosen the President and Vice-President, in case of va

Mr. SHERMAN was of opinion, that putting the Chief Magistracy into the hands of a subordinate officer, was by no means proper. As to the observations made by the gentleman last up on the arrangements in the Government of the Western Territory, he did not think they could be applied to the present case. That Government is a subordinate one, and a kind of legislative power is vested in the Governor of selecting from the laws and regulations of the different States, such as he thought requisite for the Government of those he had under his care.

He was in favor of giving the supreme Executive, in case of accident, to the President of the Senate. The Government would certainly suffer fewer inconveniences by that arrangement than if the Head of a Department was put in. The Vice-President, by the Constitution, succeeds to the President-the President of the Senate to the office of the first; it is therefore very natural that he should also exercise the duties of the second in case of vacancy.

To designate any officer as possible successor to the President, would be giving him too much dignity, and raising him, in a manner, even above the Legislature.

Mr. CARROLL observed, that the vacancy might happen in the recess of the Legislature, or in the absence of the President of the Senate; the Secretary of State would always be at the seat of Government. Besides, the Constitution declares the vacancy shall be filled by an officer of the Government. The President of the Senate is only an officer pro tem. If the framers of the Constitution had intended the vacancy should be filled by an officer named in it, they could have designated him; but this they had not done; he therefore supposed they had in view some officer not then in existence.