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Distilled Spirits.

justing the claims of Frederick William de Steuben; and

[MAY 5, 1790.

Mr. STONE inquired what part of the Constitution authorized Congress to take any steps in Mr. BURKE, from the Committee appointed a business of this kind; for his part, he knew of for the purpose, presented a bill to authorize none. We have already done as much as we the issuing of certificates to a certain descrip- can with propriety; we have encouraged learntion of invalid Officers, which were twice reading, by giving to authors an exclusive privilege and committed. of vending their works; this is going as far as we have power to go by the Constitution.

Ordered, That a committee be appointed to report a Catalogue of Books necessary for the use of Congress, with an estimate of the expense of obtaining them; and that Messrs. GERRY, BURKE, and WHITE, form said committee. Resolved, That a committee of this House be appointed to join with a committee of the Senate, to consider and report their opinion on the question when, according to the Constitution, the terms for which the President, Vice President, Senators, and Representatives have been respectively chosen, shall be deemed to bave commenced. And also, to consider of, and report their opinions on, such other matters as they shall conceive have relation to this question. Messrs. BENSON, CLYMER, HUNTINGTON, MOORE, and CARROLL, were named on this commit

tee.

Ordered, That the report of the committee appointed to examine into the measures taken by Congress and the State of Virginia, respecting the lands reserved for the use of the officers and soldiers of said State, on Continental and State Establishments, in the cession made by the said State to the United States, of the Territory Northwest of the river Ohio, be committed to the committee of the whole on the state of the Union.

The House went into a committee of the whole on the bill to prescribe the mode in which the public acts, records, and judicial proceedings in each State shall be authenticated, Mr. SENEY in the Chair. The committee made an amendment to the bill, which was reported to the House; and being concurred with, the bill was ordered to be engrossed for a third read ing.

MONDAY, May 3.

MODE OF AUTHENTICATING RECORDS.

The engrossed bills to prescribe the mode in which the public acts, records, and judicial proceedings in each State shall be authenticated, and to allow compensation to John Ely, for his attendance as a physician and surgeon on the prisoners of the United States, were rea the third time and passed.

GOVERNMENT OF SEAMEN.

Mr. SHERMAN said, that a proposition to vest Congress with power to establish a National University was made in the General Convention; but it was negatived. It was thought sufficient that this power should be exercised by the States in their separate capacity.

Mr. PAGE observed, that he was in favor of the motion. He wished to have the matter determined, whether Congress has, or has not, a right to do any thing for the promotion of science and literature. He rather supposed they had such a right; but if, on investigation of the subject, it shall appear they have not, he should consider the circumstance as a very essential defect in the Constitution, and should be for proposing an amendment; for, on the diffusion of knowledge and literature depend the liberties of this country, and the preservation of the Constitution.

The House adjourned without a decision on this motion.

TUESDAY, May 4.

SUNDRY BILLS.

The engrossed bill to authorize the issuing lid officers, was read the first time and passed. of certificates to a certain description of inva

House that they have passed a bill for giving A message from the Senate informed the effect to the act therein mentioned in respect to the State of North Carolina, and to amend the same; also the bill to provide for mitigating or the revenue laws; to which they desire the conremitting forfeitures and penalties arising under currence of the House.

The said bills were read the first time.

CLAIM OF BARON STEUBEN. The House resolved itself into a Committee of the whole on the bill for finally adjusting and satisfying the claim of Frederick William de Steuben, Mr. LIVERMORE in the chair.

Mr. STONE moved that the report of the Secretary of the Treasury on the Baron's memorial should be read: the Clerk read the same. The Committee proceeded in the discussion of the bill.

Mr. FITZSIMONS, from the committee appoint- The clause which proposes an annuity for life ed for the purpose, presented a bill for the go- was objected to. Several amendments were vernment and regulation of seamen in the mer-proposed and lost. A lengthy debate was supchants' service,, which was twice read and recommitted.

SCIENCE AND LITERATURE.

On motion of Mr. SMITH, of South Carolina, that part of the President's speech which respects the encouragement of science and literature was read. He then moved that it should be referred to a select committee.

ported on other propositions, but a motion for the Committee's rising prevented a decision.

WEDNESDAY, May 5. DISTILLED SPIRITS.

Mr. FITZSIMONS, from the Committee appointed for the purpose, presented a bill to repeal, after last day of next, the duties here

MAY 7, 1790.]

Claim of Baron Steuben.

[H. OF R.

tofore laid on distilled spirits imported from abroad, and laying others in their stead; and also upon spirits distilled within the United States, as well as to discourage the excessive use of those spirits, and promote agriculture, as to provide for the support of the public credit, and for the common defence and general wel-regulations as have been adopted for the payment of fare; which was twice read and committed. MODE OF AUTHENTICATING RECORDS.

A message from the Senate informed the House that they have passed the bill to prescribe the mode in which the public acts, records, and judicial proceedings in each State shall be authenticated.

CLAIM OF BARON STEUBEN.

The House again went into a Committee of the whole on the bill for finally adjusting and satisfying the claim of Frederick William de Steuben, Mr. LIVERMORE in the chair. The Committee did not get through the bill; but rose and reported progress.

THURSDAY, May 6.

CLAIM OF BARON STEUBEN. The House again resolved itself into a Committee of the whole on the bill for adjusting the claim of Baron Steuben, Mr. LIVERMORE in the chair. After some time spent on the bill, the Committee rose, and reported it to the House without the amendment. The bill was ordered to lie on the table.

PUBLIC DEBT.

soldiers who are entitled to receive certain arrears of pay due to the lines of the army of the said States, for which money was granted and appropriated by Congress at their last session; and that payment be made to the said officers and soldiers, or, where dead, to their legal representatives, under the same invalid pensioners, in pursuance of an act passed at the last session of Congress, entitled "An act providing for the payment of the invalid pensioners of the United States," and that no claim of any assignee, under any transfer or power to receive the same, be admitted as valid to entitle any person to receive any part of the said arrears of pay due to the officers or soldiers of the said lines, except as aforesaid:

Ordered, That the said motion be committed to Messrs. BLAND, WILLIAMSON, and BURKE.

CLAIM OF BARON STEUBEN.

The House proceeded to consider the bill for finally adjusting and satisfying the claims of Frederick William de Steuben, which lay on the table: whereupon,

A motion being made and seconded to amend the first section, by striking out from the word assembled," in the second line, to the end thereof, as followeth:

66

"That, for the final adjustment and satisfaction of the claims of Frederick William de Steuben, and as well to indemnify him for his sacrifices and expenses in coming to the United States, as to compensate him for his services to them during the late war, (pursuant to the conference between him and a committee of Congress, in the year one thousand seprovi-cument accompanying his memorial,) there be alven hundred and seventy-eight, set forth in the dolowed to the said Frederick William de Steuben,

Mr. STONE, from the Committee appointed for the purpose, presented a bill making sion for the debt of the United States; which was twice read and committed.

FRIDAY, May 7.

NORTH CAROLINA.

The House resolved itself into a Committee of the whole on the bill sent from the Senate for giving effect to the act therein mentioned, in respect to North Carolina, and to amend the said act, Mr. LIVERMORE in the chair.

The committee made several amendments to

the bill, rose, and reported them to the House, where they were agreed to; and the bill was ordered to be engrossed for a third reading.

Mr. BLAND, after stating to the House, that in consequence of obtaining (as is supposed) a surreptitious copy, from a public office, of the names of officers and soldiers in the Virginia and North Carolina lines, of the late army, to whom arrears of pay were ordered to be made by a law passed the last session of Congress, some persons had fraudulently procured assignments of pay, for a consideration much below their value. He therefore moved a resolution to prevent the frauds taking place, in the following words, viz.

The pay and other emoluments of Major General and Inspector General, specified in the several acts of Congress relating to him, from the tenth of March, in the year one thousand seven hundred and seventy-eight, to the fifteenth day of April, in the year one thousand seven hundred and eighty-four:

An annuity for life of two thousand seven hundred and six dollars, to commence on the first day of October, in the year one thousand seven hundred and seventy-seven:

And

thousand acres of land in the Western

Territory of the United States, to be located in such manner as shall be hereafter prescribed by law: Proconstrued to include either half-pay, or the commuvided, That the foregoing allowances shall not be tation for half-pay.

On this motion, Mr. PAGE made the following remarks, which is believed to be the only speech reported on this subject:

Mr. SPEAKER: I am against the motion for striking out the 2,706 dollars, and inserting 1,500 dollars, because it is incompatible with the preceding clauses of the bill, which state the sum ($2,706) as justly due to the Baron, according to the report of the Secretary of the Resolved, That the Secretary of War be, and he is Treasury, and because it is derogatory to the hereby, directed to cause accurate lists to be forth-honor and veracity of the members of the comwith published in the newspapers of the States of mittee of Congress, on whose testimony the Virginia and North Carolina, of all the officers and Baron's claim is founded.

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Some gentlemen lay great stress on the want of proof, respecting what is called the contract with Baron Steuben; but, sir, I think we have had all the proof the nature of the case will admit of, and, for my part, I should want no other than Mr. LEE's letter to the Baron.

[MAY 7, 1790.

like him, from the peculiar situation of our army, and has acknowledged his services; therefore it does not become us to speak of them as unimportant.

Director-General, was peculiarly adapted to the purpose of the American army. Having served twenty-two years in the Prussian army, which Americans had been taught to believe was the best disciplined in the world, his discipline was more readily embraced, and more Sir, this illustrious veteran offered his ser- confidence reposed in it than would have been vices on such generous terms, and served us so the case had almost any other man, of any essentially, that I shall blush for Congress other nation, undertaken that great task. The should the ideas of some gentlemen now pre-praise now given to the Baron is no disparagevail. It is unworthy of Congress, after hav-ment therefore to other officers. The Coming so long enjoyed the benefit of those ser-mander-in-chief stood in need of an Adjutant vices, now to be thus coldly scrutinizing the terms on which he offered them, and speaking of them as of little importance. I weigh them not with the dollars proposed; they are far beyond any sum which we can give. And if the worthy member from North Carolina, (Mr. BLOODWORTH,) who moved the motion, wishes to abandon the principles of the bill, and instead of paying to the Baron the debt there stated as due to him, means to give him a sum by way of compensation for his services, and has economy in view, I would advise him to withdraw his motion; for if we depart from the principles of the bill, they who value this great man's services as I do will vote to give him much more than the bill proposes. If I should be at liberty to propose a compensation for the sacrifices he made by coming to America, and serving in her war, and to recompense him for his great services, I am sure I shall propose a much larger sum than has yet been talked of.

Sir, the importance of those services would have been displayed to your view by many officers now in this House, had they not, from that delicacy peculiar to American officers, who, having laid by the name and dress of soldiers, and mixed with their fellow-citizens in civil life, refrained from appearing to be more knowing in military matters than the other members of this House. I say, were it not for this delicacy, we should have had a full display of the Baron's services. One officer, indeed, (Colonel BLAND,) from the honest warmth of his heart, has not refrained from saying a few words in support of the Baron's claim. But, sir, I have asked officers, and some of them now in this House, whether I had misunderstood or overrated the Baron's claim, and I have been conSir, had the Baron stipulated to receive but stantly told that I did not. Though I had not two per cent. on the articles under his direction, the honor of being in the army, I was well inor I may say on what he saved, he would be formed by my correspondents there of many entitled to much more than is now proposed to important circumstances; and on inquiring. be given him. The economy he introduced into what were the effects produced by the new Adthe army was the occasion of an immense saving.jutant and Director-General, (the Baron SteuWho can say now what was saved in arms, ac-ben,) I was told that they were visible in many coutrements, and ammunition, and by the re-economical arrangements, in dispositions of duction of baggage and forage? I have been told that officers, who had loaded a wagon with their baggage, were soon reduced to a single pack-horse.

Some gentlemen have made light of the discipline which has been attributed to the Baron, and told us of the affairs of Bunker's-hill, Trenton, Princeton, and Germantown. It was true these were brilliant actions: but the member from South Carolina, (Mr. SMITH,) and the member from Delaware had replied fully to this observation. They well observed, that brilliant as those actions were, valor without discipline is often vain, and may lead only to destruction; that the commander-in-chief did wonders without the Baron, and (they might have added) he was wonderful in resources, and "in himself a host." But we should not now consider what the commander-in-chief did before he had the Baron's assistance, but what he did with his assistance, and what use he made of his services; and to this, as far as relates to the Baron, he has repeatedly and generously borne ample testimony.

Sir, the Baron, as Adjutant-General and

corps, in manoeuvring, in marches, in encampments, and particularly in more silent and rapid movements and preparations for action. I was told that when the Marquis de la Fayette, with a detachment under his command, was in danger of being cut off on his return to the army, and the Commander-in-chief was determined to support that invaluable officer, the whole army was under arms and ready to march in less than fifteen minutes from the time the signal was given.

Sir, the effect of this discipline was seen in the marches of our army; they passed rivers in less time than the best troops in Europe could. Those excellent French troops, which served with them in the campaign of 1781, were inferior to them in this respect. The superiority of our troops, as to rapidity of movement, was seen in the attacks on the two redoubts of Yorktown, in Virginia.

Sir, I will affirm, that if the clause be stricken out, a larger sum ought to be inserted. We have been asked, what will our officers say to this vote in favor of the Baron? I will venture to say, sir, they will be pleased with it. They

Tonnage on Foreign Shipping.

MAY 10, 1790.]
acknowledge the obligations they were under to
that great man; they view his circumstances in
the same light as that gallant officer does, who
is now the Secretary, and who drew the report
on which the bill before you is founded, and
which does honor to his heart.

Sir, if any report deserves to be received without scrutiny, it is the one on which your bill is founded. I hope, therefore, we shall not depart from that report, in so material a point as is proposed by the motion now before you. I wish, indeed, sincerely, that the worthy member would withdraw his motion; if he will not, I must vote against it, and trust that a great majority will vote with me.

The question was taken, and resolved in the affirmative-28 votes to 21.

YEAS. Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Brown, Contee, Floyd, Foster, Gilman, Goodhue, Grout, Livermore, Moore, Muhlenberg, Rensselaer, Schureman, Seney, Sherman, Sinnickson, Smith, of Maryland, Steele, Stone, Sturges, Sylvester, Thatcher, Tucker, White, Williamson.-28.

NAYS.-Messrs. Ames, Benson, Bland, Burke, Cadwalader, Carroll, Clymer, Fitzsimons, Gale, Griffin, Heister, Huger, Huntington, Lawrence, Lee, Madison, Page, Scott, Smith, of South Carolina, Vining, Wynkoop.-21.

A motion was then made and seconded, to insert, in lieu of the said words so stricken out, the following clause, to wit:

[H. OF R.

This motion, after a short discussion, was lost.
The blank, in the clause stating the annuity,
Mr. SMITH, of South Carolina, moved should
be filled up with 2,700 dollars.

After some debate the yeas and nays were taken, and the motion was negatived, as follow: YEAS.-Messrs. Ames, Benson, Bland, Cadwalader, Carroll, Coles, Fitzsimons, Gale, Gerry, Hartley, Heister, Huger, Huntington, Lawrence, Lee, Madison, Muhlenberg, Page, Scott, Smith, of South Carolina, Trumbull, Tucker, Vining, Wadsworth, Wynkoop.--25.

NAYS.-Messrs. Ashe, Baldwin, Bloodworth, Boudinot, Brown; Contee, Floyd, Foster, Gilman, Goodhue, Griffin, Grout, Hathorn, Livermore, Mathews, Moore, Parker, Partridge, Rensselaer, Schureman, Seney, Sherman, Sinnickson, Smith, of Maryland, Steele, Stone, Sturges, Sylvester, White, Williamson.--30.

A motion was then made to fix the annuity at 2,500 dollars. This was negatived-yeas 25, nays 20; As was a motion for for 2,420 dollars-yeas 25, nays 30.

A motion for 2,000 dollars was agreed toyeas 31, nays 24.

The bill being completed, on the question, shall the bill pass, it was carried in the affirmative-the yeas and nays being as follow:

YEAS.--Messrs. Ames, Benson, Bland, Boudinot, Cadwalader, Carrol, Coles, Contee, Fitzsimons, Gale, Gerry, Griffin, Hartley, Heister, Huger, Huntington, Livermore, Lee, Lawrence, Madison, Moore, Muhlenberg, Page, Parker, Scott, Sherman, Smith, of Maryland, Smith, of South Carolina, Trumbull, Tucker, Vining, Wadsworth, White, Wynkoop.--34.

NAYS.--Messrs. Ashe, Baldwin, Bloodworth, Brown, Floyd, Foster, Gilman, Goodhue, Grout, Hathorn, Mathews, Partridge, Rensselaer, Schureman, Seney, Sinnickson, Steele, Stone, Sturges, Sylvester, Williamson.--21.

That, in order to make full and adequate compensation to Frederick William de Steuben, as well for the sacrifices and eminent services, made and rendered to the United States during the late war, as for the commutation or half-pay, promised by the resolutions of Congress, there be paid to the said Frederick William de Steuben, the sum of seven thousand dollars, in addition to the moneys already received by him, and also an annuity of-dollars during life, to commence on the first day of January last, to be paid in quarterly payments, at the Treasury of the TONNAGE ON FOREIGN SHIPPING. United States; which several sums shall be consider- The House then resolved itself into a Comed in full discharge of all claims and demands what-mittee of the whole on that part of the report of ever of the said Frederick William de Steuben a select committee on the petition of the meragainst the United States. chants and inhabitants of Portsmouth, in New Hampshire, which relates to an increase of ton

And, on the question being put thereupon,
It was resolved in the affirmative.
And then the said bill, being further amend-nage on foreign shipping, &c., Mr. LIVERMORE

ed at the Clerk's table, was, together with the
amendments, ordered to be engrossed, and read
the third time on Monday next.

MONDAY, May 10.

The bill from the Senate, for giving effect to the act therein mentioned, in respect to North Carolina, and to amend the said act, was read the third time and passed.

BARON STEUBEN.

The bill for adjusting and settling the claims of Frederick William de Steuben was brought in engrossed, and read the third time. The gratuity in land being omitted in the bill, Mr. SMITH, of South Carolina, supposing the omission to be an error, moved that the bill be recommitted, in order to re-insert the clause.

in the chair.

out the first clause of the report, which proMr. SMITH, of South Carolina, moved to strike posed to raise the tonnage on foreign built vessels to a dollar per ton, and gave several reasons in support of the motion. The measure he considered impolitic, because it was injurious to the primary interests of the United States, its agriculture, and unequal in its operation; because it would be severely felt by some States, while it would be advantageous to others. It ought to be viewed either as a matter of revenue or as a bounty. If the former, it should be collected with an impartial hand from each State, according to its just proportion; if the latter, it should be paid out of the Treasury, and not raised on particular States. South Carolina would pay 30,000 dollars, while Massachu

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Tonnage on Foreign Shipping.

[MAY 10, 1790.

setts paid only 8,000; and Georgia would pay to what amount; they had not been in operation 14,000, when New Hampshire paid only 1,200. above nine months, and it was an extraordinary This was requiring the Southern States to make proceeding to double the foreign tonnage withtoo great a sacrifice, and was imposing enor- out another ground than a petition from some mous burthens on them for the exclusive bene- merchants in Portsmouth. If, after the inquiry fit of the Eastern States; it was taxing South should be made, it should appear, that notwithCarolina and Georgia, to give bounties to Mas-standing every thing which Congress had done sachusetts and New Hampshire. Massachusetts for securing to the United States the carrying having shipping of her own, would export her trade, our own shipping had not increased in commodities at the rate of six cents per ton, the proportion expected, it might reasonably be while the Southern States, whose produce was inferred that other circumstances than those to of a bulky nature, must pay one hundred cents. which it was attributed occasioned such ill sucIn addition to this advantage, Massachusetts cess, and that increasing the foreign tonnage would receive the same freight for her shipping would not remedy the evil; if, on the other as would be paid to foreigners; and as this in-hand, it should be ascertained that the measures creased tonnage would immediately increase of last session had produced the desired effect, the freight, Massachusetts would receive for then any further restrictions on foreign shipher shipping a higher freight than she does now. ping would be unnecessary. Whatever was She would, therefore, derive numerous advan- the result, it would operate against the propostages from the proposition, while some other ed increase. States would be exceedingly injured by it. If the fact however really was, as the petitionSouth Carolina, he said, was obliged to employer stated,that no advantages had accrued to their foreign shipping to carry off full one-half of her shipping from the measures of the last session, crop: this increased tonnage would either make he was impressed with a strong conviction that her pay an increased freight, or would diminish their shipping labored under disabilities not the quantity of foreign shipping on which she within the power of Congress to remove. It depended. In the one case, it would operate was not improbable that our merchants in geneas a tax on exports, which was against the Con- ral_either had not sufficient capital to engage stitution; in the other, it would check the ex-seriously in the carrying trade, or were not disportation of its produce, and thereby materially posed to encounter the hazard of that species affect the agriculture of the country, which was of commerce. A merchant at Boston who its principal resource. He was aware he should should propose to be concerned in the carrying be told that this was the way to increase the trade between Charleston and Amsterdam, American shipping, and to rescue the export- must have capital and connexions at both those ing States from their dependence on foreigners. places. His property, being thus divided, Such an event was not likely to take place would be exposed to greater risk than if it were without a convulsion: commerce was not easily all at Boston, under his immediate control; at forced from a channel in which it had long run; least he would feel more satisfaction in this case, in the attempt, those States must suffer, and and any trifling loss might induce him to relinthey were not at present in a condition to bear quish such extensive concerns, and to contract it. Embarrassed with their debts, public and his capital to a smaller sphere. This might be private, from which nothing could extricate one reason why our citizens were cautious of them but a facility of exporting their produc-embarking in the carrying trade; another might tions, they were not in a humor to make expe- be assigned: some of the exporting States were riments; this was one of a dangerous nature; it accustomed to particular commercial habits was encountering an immediate and certain adapted to their local circumstances, and their evil for a remote and uncertain benefit. The immediate convenience; they were supplied at navigating States had already obtained from proper seasons with such commodities as were Congress considerable favors, more than either suited to their wants, and the nation which the manufacturing or the agricultural States supplied them not only allowed us an extenhad received: their vessels paid only six cents, sive credit, but received our produce in exwhile foreigners paid fifty; even when sold to change; the vessels which brought the necessary foreigners they paid only thirty cents; they had a supplies were ready to take away our producmonopoly of the coasting trade and the East In- tions, and the merchant who sold the former dia trade, and goods imported in American bot- would naturally employ his own vessels to extoms were entitled to a discount of ten per cent. port the latter. The only mode of supplanting on the duties. They had, by nature, every ad- these foreign merchants is to imitate their convantage in ship-building; they could build for duct; without it, said Mr. S., it is in vain to nearly one-half the sum it would cost in Eu-load their shipping with enormous duties; such rope; they had all the materials for building a step will only distress us and depreciate our and equipping at hand, and yet they were not satisfied, but were pressing for further benefits. At least they should wait to learn the effect of the laws passed last session on this subject. There were no documents to show whether those laws had increased the American shipping, or

produce, without securing the carrying trade to the Eastern States. The true policy of the United States is to encourage its agriculture and to facilitate the exportation of its products; this measure would have a different tendency. Union at home, and peace with all the world,

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