JAN. 13, 1791.]

Vacancy in the Presidency.

[H. OF R.

were analogous. He was a kind of assistant to the Chief Magistrate, and would, therefore, very properly supply his place; besides, he was always at the seat of Government.

Mr. BURKE said, that he had consulted a gentleman skilled in the doctrine of chances, who, after considering the subject, had informed him, that there was an equal chance that such a contingency would not happen more than once in eight hundred and forty years. He hoped, therefore, that the committee would not spend any more time upon the subject, but postpone it altogether.

Mr. GERRY regretted that the subject should have been taken up at this moment, when so much important business is before Congress. He adverted to the motion, and said, that the character which now fills the office of Secretary of State undoubtedly possessed the confidence of the Legislature in the fullest manner, and very justly; but when the exigency shall arrive for which we now are about to provide, a character may fill that office who would be a Scourge to the Union. Besides, said he, if the office of Vice President was now to be filled, the Secretary of State would be ineligible, coming from the same State with the President. Mr. GILES conceived, that the probability of He stated other objections from the Constitu- the event's taking place was much greater than tion. He thought the nomination should not Mr. BURKE seemed to think. According to the be confined to officers of the United States. He doctrine of politics, he said, it was not more supposed the views of Government may be ex- than fifty to one that it would not happen in two tended even to officers of the several States. months. However, even if the chance was He, however, wished the whole business post- much less, it was the duty of the House to make poned; but if this idea is overruled, he suggest-provision for the accident before it occurred. ed the propriety of filling the blank with the constitutional clause respecting the highest candidates who are primarily voted for as President and Vice President.

If it was left till the case actually took place, it would then be too late to think of remedying the evil; for it was to be provided for by a Legislative act, which could not be made complete without the President's approbation and signature, and could therefore not be obtained when the chair was vacant. Then, if the event should happen before it was provided for, there would be, he conceived, an end to this Government.

Mr. SMITH remarked, that there appeared to be so great a diversity of opinion on the subject before the House, that he doubted the possibility of procuring a majority for either of the motions that had been made. There would be objections, he conceived, to any proposition that could be offered; but the committee should determine on that to which there were fewest. To the Secretary of State he thought there were less than to any other officer proposed. Those against the Chief Justice he thought unanswerable. Indeed, the gentleman who proposed him had not offered any answer to the objec-mode of filling the vacancy. tions made to that officer.

The duties of the President of the Senate, and those of the President of the United States, appeared to him incompatible. The first was the Representative of a particular State, and bound to obey the instructions of it. If he was to be deprived of his seat in the Senate his State would lose a vote there, and the balance of that branch of the Legislature would be destroyed.

He used another argument to urge the necessity of a speedy provision. Suppose, said he, the Vice President should die, then the fate of this Government would remain in the hands of the President who by resigning would destroy its organization, without leaving a constitutional

In addition to the loss of this Government, would not every member of the Legislature, he asked, lose his character, credit, and reputation.

Having shown the necessity of making immediate provision for a case of so much importance to the very existence of the Government, Mr. GILES declared he was in favor of filling up the blank with the Secretary of State. He chiefly rested his opinion on the idea, that if the Constitution had not intended that the vacancy should be filled by some officer not there mentioned, they would have determined who it should be.

He recapitulated the objections that had already been made to the Chief Justice's filling the chair. His power of expounding treaties would be improperly mixed with that of making them; that of condemning for offences, with a Mr. SEDGWICK was sorry that the business power of granting reprieves and pardons. Then had been brought forward, and more so that the Chief Justice could not act with propriety gentlemen should discover a zeal on the occaas Commander in Chief of the army and navy.sion which indicated too much of taking a perIt had been said, he observed, that the Judicia-sonal interest in the question. ry business might go on for some time without the assistance of the Chief Justice. He thought not; there were three Circuit Courts, and two Judges for each, including the Chief Justice. If he was absent, the business of one of the Circuits could not proceed; besides, he should preside in the Supreme Court.

He concluded by saying, that the office of Secretary of State and the duties of President

He did not apprehend the consequences which would follow, if the accident should occur, would be so dreadful as the gentleman last up appeared to think. There was more danger, he conceived, in ruffling men's tempers now, by designating one officer heir apparent (if he might be allowed the expression) to the office of Chief Magistrate.

He objected to filling up the blank with the

Secretary of State; it would be putting in the hands of the President (or of the Vice President) a power of appointing his successor. The authority with which the Chief Justice is vested, the respect which his station commands, and his independence, induced him, he said, at first to think him the most proper person to be at the head of affairs in case of vacancy in the Chief Magistracy. However, if it could not be agreed to postpone the business, he should now vote for the President of the Senate pro tem.

[JAN. 14, 1791.

the whole on the bill determining the time when the Electors of President and Vice President shall be chosen, Mr. BOUDINOT in the chair.

A motion by Mr. SMITH (of S. C.) to strike out a clause in the first section, which referred to vacancies happening from special contingencies, after a short discussion was disagreed to.

Mr. BENSON, who was one of the committee which reported the bill, then stated the reasons which influenced the committee in the arrangement of the times of choosing the Electors, and their giving in their votes.

Mr. BENSON said, that an honorable gentleman (Mr. SMITH) had remarked, that he had Mr. SEDGWICK said, he supposed that the denot attempted to answer the objections which sign of the provision on this subject in the Conwere made to the Chief Justice's being desig-stitution was to prevent, as far as possible, the nated to fill the vacancy, and had drawn the practices of corruption and intrigue in the busiconclusion that the objections were unanswer- ness of elections. To effect this salutary obable. He was sensible that there might and ject he thought it necessary that the time of would be objections to any officer that could be choosing Electors should be fixed, and that as mentioned; but those against the Chief Justice short a period as possible should be suffered to he did not think unanswerable. It had been elapse between the time of choosing and the objected that there would be an impropriety in time when the Electors should give in their his condemning as Chief Justice, and pardon-votes; the bill, said he, proposes eight weeks; ing as President. But something like this is frequently the case. He supposed that whoever exercised the office of Chief Magistrate would for the time resign his first office. He only mentioned this to show that the objections made to the Chief Justice had not been answered because they were deemed unanswerable. But his wish was to see the vacancy filled by an independent officer; he had, therefore, no objection to the President of the Senate pro tem.

Mr. JACKSON moved, that the consideration of this business be postponed, which was agreed to. The committee rose, and reported.

FRIDAY, January 14.

Mr. WHITE, from the committee appointed for the purpose, reported a bill for establishing a land-office for the sale of the unappropriated lands in the Western Territory; read the first and second time, and referred to a Committee of the whole House.

Mr. FITZSIMONS, from the committee to which was referred the petition of sundry officers of the navy of the Revolutionary war, brought in a report, which was

That the prayer of the said petition cannot be granted, and that the petitioners have leave to withdraw their petition.

This report was accepted by the House.

Mr. SEDGWICK's motion for appointing a committee to bring in a bill providing for the payment of the debt due to foreign officers, was taken up, and referred to a committee, consisting of Messrs. SEDGWICK, BENSON, and SENEY. Mr. MADISON laid before the House a memorial and three resolutions of the Legislature of the State of Virginia, on the subject of the funding law, which were read and laid on the table.

ELECTORS OF PRESIDENT.

he thought that too long a period.

Mr. BENSON observed, that the term of eight weeks was thought not more than sufficient to accommodate the circumstances of some of the States; a shorter period might have suited others; but the idea of uniformity rendered it necessary to fix on a particular period.

Mr. GOODHUE objected to assigning one particular day for all the States, as, he observed, the modes of election in the several States are different. In some the Electors are chosen immediately by the people at large; in others they are chosen by the State Legislatures; this will render it extremely difficult to comply with the law, if they are to be chosen on one and the same day throughout the Union.

Mr. CARROLL said, that it appeared to him necessary, in the first place, to determine who shall choose the Electors. For his part, he was fully convinced that this power is exclusively vested in the people by the Constitution.

Mr. JACKSON observed, that the difficulties mentioned by the gentleman from Massachusetts would accrue from fixing on a particular day in the State of Georgia; there the Electors are chosen by the Legislature, which meets at a particular season of the year. This clause will render two sessions necessary, which would be exceedingly inconvenient. He moved, therefore, that the clause which appoints a particular day when the Electors shall be chosen should be struck out, and that the time when they shall meet and give in their votes should only be designated. This motion was seconded.

Mr. GILES said, that he conceived but one mode of choosing Electors was contemplated by the Constitution; the State Legislatures he thought ought not to choose them; they ought to be chosen by the people. He adverted to the Constitution; the words are:

"That each State shall choose," &c. The House went again into a Committee of This plainly implies that the Legislatures are

Mr. MADISON Said, a question arose here, which was, whether the power of Congress extends to determining the manner of choosing, Mr. LAWRENCE showed, that the operation of by virtue of possessing the power of determin: this principle of uniformity would be to proing the time of their being chosen. He was, duce the very evil apprehended. Should the however, disposed to think that the best idea time come, when the States are reduced to a was that suggested by the gentleman from Mas-size more proportionate to each other, this uniformity may be introduced.

NAYS.-Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, Clymer, Fitzsimons, Floyd, Foster, Gilman, Goodhue, Griffin, Grout, Giles, Lawrence, Lee, Leonard, Livermore, Madison, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Sylvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Vining, Wadsworth, White, and Wynkoop.-36. Sundry other amendments were proposed, but postponed until to-morrow.

TUESDAY, January 18.

[JAN. 18, 1791.

revenue proposed to be raised by this bill would not be wanted, he was still of opinion, that no excess of any consequence would be produced. He objected to the commutation proposed in lieu of the specific duty, and showed how disadvantageously to the revenue this would operate; with respect to a perfect definition of what is to be understood by a city, town, or village, he conceived that no possible evil would result from vesting a discretionary power with some officer of the United States, to determine what shall be understood by either of the terms.

Mr. BOUDINOT objected to any alteration in A message from the President of the United the section; he thought it sufficiently precise, States was laid before the House, stating the and from recurring to certain authorities, he amount of the expenditures out of the contin- showed that these terms were sufficiently ungent fund of last session; enclosing a letter from derstood to preclude the necessity of burthenthe Governor of Virginia, with sundry reso- ing any officer with the task of describing and lutions of the Legislature of that State, re-determining what number of inhabitants shall specting the lands Northwest of the Ohio, grant- respectively constitute a city, town, or village. ed by an act of Congress to the officers and sol- Mr. LIVERMORE said, in his opinion, the diers of that State. A petition from the officers terms, city, town, or village," comprehended therein referred to; and a letter from the Go- the whole and every part of the United States. vernor of Maryland, enclosing an act of the Legislature of that State, empowering the wardens of the port of Baltimore to collect the duty therein mentioned.

Mr. GOODHUE moved, that the Secretary of the Treasury be directed to report to the House whether any, and what, further provision is necessary to be made for the respective officers employed in the collection of the revenue; which motion was agreed to.

A committee, consisting of Messrs. SENEY, SMITH, of Maryland, and MATTHEWS, was appointed to report a bill declaring the assent of Congress to a certain act of the State of Maryland therein mentioned.

DUTY ON SPIRITS.

The additional amendments proposed to the new revenue bill were taken into consideration. The amendment to add a clause after the words city, town, or village," in these words, containing not less than families, being under consideration,

Mr. WHITE offered some general observations on the bill, and on this part in particular, which would, in its operation, be very disagreeable to a considerable proportion of the people; he wished to have it so modified as to leave it as little exceptionable as possible, and if in doing this a diminution of the sum proposed to be raised by the bill should take place, still he thought there would, according to the estimates which had been laid before the House, be a sufficient amount brought into the Public Treasury; but if there should not, he should be willing in some other way to make up the deficiency; and for this purpose Congress may have a session as early as September.

He gave notice, that in some future stage of the bill he should move to have this section recommitted.

Mr. FITZSIMONS observed, that notwithstanding all that had been offered to show that the

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66

Mr. JACKSON observed, that as two days had been nearly spent in considering this question, and it appearing to be impossible to agree in what constituted a village, he thought it would be to no purpose to introduce any amendment to the section, but leave it to be determined by a due course of law. He supposed that questions would arise to be determined by the judicial authority of the United States. If this should not appear to be agreeable to the House, he would propose that it should be referred to the College of Physicians; those gentlemen of the squirt, who, as they had attempted to squirt morality and instruction into the minds of the members, perhaps may also be able to squirt understanding into the House on this subject.

Mr. PARKER Controverted certain calculations offered by Mr. FITZSIMONS, as to the quantity of liquor which a still might make. He then entered into a general consideration of the bill, and adverting to the discontents in some of the States, and the utter aversion of many inhabitants to excises, he said he should continue his opposition to the last.

Mr. MOORE offered another modification of the section.

The question on adding the words was put and negatived.

Mr. BOUDINOT called the attention of the
House to the fourth section, which authorizes
the President of the United States, by the ad-
vice and consent of the Senate, to appoint such
a number of officers as he may think necessary.
He thought that the most, if not the only excep-
tionable clause of the bill. His opinion was,
that the number of officers should be limited.
He moved this addition to the section—“ pro -
vided the number do not exceed
in any
county, city, town, or village." He objected
to the clause as establishing a dangerous prece-
dent.

Mr. BLOODWORTH seconded this motion.
Mr. PARKER said, he was in favor of this mo-

JAN. 20, 1791.]

New Revenue Bill.

[H. OF R.

tion, because he wished to have the number of and China; praying that an additional duty these officers as small as possible. may be laid on all goods imported into the UniMr. BOUDINOT's motion occasioned consider-ted States from India or China in foreign botable debate. It was said, that the number of toms. Referred to the Secretary of the Treaofficers is virtually restricted by the compensa-sury. tion to be received. This allowance cannot be exceeded, so that the number of officers cannot be increased beyond what may be necessary; if they are, the President of the United States must pay them out of his own pocket, or they must receive a less sum.

A message was received from the Senate, informing this House that they have passed a bill for incorporating the subscribers to the Bank of the United States; to which they desire the concurrence of this House.

NEW REVENUE BILL.

It was said in answer to this, that experience The House resumed the consideration of the. shows when once the object is obtained in the amendments proposed to the new Revenue Bill. appointment of these officers, ways and means An amendment was proposed by Mr. SEDGwill be found to pay them; in confirmation of WICK, to strike out part of the fourth section, this idea it was said, there are already two mo- which respects the compensations to the Intions on the table for enhancing the compensa-spectors, and to introduce a substitute, to limit tions to the officers of the revenue.

their compensations to a certain sum.

Mr. SHERMAN said, he should prefer striking

Mr. BOUDINOT's motion was negatived. Several other amendments were proposed by out the whole clause, and passing the bill withdifferent members, and rejected.

WEDNESDAY, January 19.

A bill, declaring the assent of Congress to a certain act of the State of Maryland, being read a second time, was referred to a Committee of the whole.

Mr. SEDGWICK, from the committee appointed for that purpose, reported a bill, authorizing the President of the United States to cause the debt due to foreign officers, the interest whereon is now payable in Paris, at the rate of six per cent. per annum, to be paid and discharged; being read a first and second time, was referred to a Committee of the whole.

out it; and leave the compensations to be provided for in a separate bill.

Mr. GERRY proposed an amendment, which he conceived was not liable to the objections which apply to the original clause, and to the amendment at present under consideration, and which arise from their giving the President the power of establishing offices.

Mr. SEDGWICK stated certain principles of conciliation which had induced him to move the amendment now under consideration. He showed by a variety of particulars, that the services will be various, and merit in some cases a much greater compensation than in others.

Mr. AMES objected to the amendment proA letter from the Directors of the Library posed, on principles of economy, both of time Company of Philadelphia, making an offer of and money. The time is already so exhausted the use of the books in said library to the mem-that there will be scarcely sufficient in the prebers of both Houses of Congress, was communicated by the Speaker.

sent session, to finish the bill; and if the amendment is adopted, it will follow, that in order to Mr. HUNTINGTON presented a memorial from make adequate provision in all cases you must, the Baptist Association in the State of Connec-in many instances, make that compensation too ticut, requesting the interposition of Congress to prevent incorrectness in future editions of the Bible, published in the United States; read and laid on the table.

Mr. FITZSIMONS, from the committee appointed to consider the petition of Joshua Barney, late an officer in the American navy, reported a resolution, that a committee be appointed to prepare and bring in a bill, to allow to Captain Joshua Barney, the sum of dollars.

much. He urged the importance of passing the law with such a power as would enable the Executive to apportion the compensations in proportion to the merits and services of the respective officers. This law is said to be obnoxious to the disapprobation of the people. It therefore becomes our duty to make the compensations such as may command the services of men of responsibility, in point of property and character; men of prudence and judgment. He conceived the power of apportioning the salaries might be left with the Supreme Executive. Agreeable to the order of the day, the House Nor did he conceive there was any thing in the proceeded in the further consideration of the Constitution contrary to this idea. Gentlemen amendments proposed to the new Revenue Bill. have cautioned the House against exceeding A motion to recommit the bill was negatived. the powers of the Constitution by implication; It was then moved to recommit the fourth seche supposed that it was equally reprehensible to tion, which specifies the compensations to the refrain from exercising the full powers indisInspectors; this also was negatived. The fur-putably vested in the Legislature by the Conther consideration of the bill was postponed.

DUTIES ON SPIRITS.

THURSDAY, January 20.

Mr. FITZSIMONS presented a memorial from the merchants of Philadelphia, trading to India

stitution.

Mr. BOUDINOT, agreeable to the idea of Mr. SHERMAN, moved that the clause should be struck out, and leave the compensations to be provided for in a subsequent bill.