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H. OF R.]

Amendments to the Constitution.

[JUNE 1, 1790.

Mr. VINING read a clause, which he proposed to offer as a substitute for that in the bill; the object of which was to bring this business into the Treasury Department, under the superintendence of the Secretary of the Treasury and the Secretary of State.

This idea received the approbation of Mr. MADISON. He stated the different principles from those which under the Confederation directed the public establishments, which ought to influence the Government under the present Constitution.

The first clause proposed that the Secretary and Comptroller of the Treasury should be associated with the three Commissioners already appointed. This was objected to by Mr. GERRY; he observed that if the appointment of the additional Commissioners was vested in the Supreme Executive, agreeably to the Constitution, there can be no doubt that the appointments would be made from such different parts of the Union as would give universal satisfaction. Upon the plan of the bill two of the Commissioners will be from South Carolina; Mr. KEAN and the Comptroller, from an extreme part of Mr. GERRY objected to the proposed substithe Union. This, he presumed, would not tute. He considered it as a very extraordinary give satisfaction; besides, he said, it was invad- innovation. He argued against it principally on ing the prerogative of the President. He moved the ground of its unconstitutionality, as interfertherefore that the words "Secretary and Comp-ing with the right of the President and Senate troller of the Treasury" should be struck out, in making the appointments. He replied to the and the words "two Commissioners" inserted. answer which had been given to his objection, Mr. SEDGWICK rose to inquire why there from there being more than one Commissioner should be an addition to the Commissioners? He from a particular State; he observed the anobserved that increasing the men who are ap-swer proved too much; he had as high an opinpointed to transact any business is generally found to protract the completion of such business; he had very little hope that the accounts, in the way they are now in, would ever be satisfactorily settled; he moved to strike out the whole clause.

Mr. WILLIAMSON made some observations in support of the clause.

ion of the honor and abilities of the gentleman alluded to as any member of the committee, and he had no doubt that competent characters to form the whole board might be selected from many particular parts of the United States; but would any gentleman, said he, think such a measure politic or eligible? The appointments made by the President of the United States were upon a different principle; he controverted the idea of vesting such extensive powers as the substitute offered by Mr. VINING proposed, and with respect to appointments, he observed, that of all the branches of the Legislature, the House was perhaps the least quali

Mr. FITZSIMONS, one of the committee, stated the reasons which induced them to make the association. He observed that the objections which had been now made occurred to the committee. With respect to the objection from the Comptroller's being from South Carolina, that was obviated by its being known that the ac-fied to make them. counts of that State were fully and very accurately made out by the late Commissioner from that State, and therefore no undue influence was to be apprehended on that account; that from the Comptroller's appointment as an officer of the United States, and not of any particular State, and his being connected with the Treasury Department, there appeared to be a propriety in associating him with the Commissioners. An increase in the number of the Commissioners had been found on experience to be absolutely necessary for a variety of reasons which he stated.

Mr. SHERMAN expressed his approbation of the clause in the bill. He thought the addition proposed would be a measure of utility, that it was proper in itself; and with respect to the Comptroller, he was so well acquainted with him, that he had the fullest confidence in his abilities and integrity. The proposition is eligible in another view, as it will be deriving great advantage from the abilities of the gentleman without any additional expense.

Mr. LAWRENCE opposed the clause on similar principles with those offered by Mr. GERRY; and with respect to increasing the weight of public business in the hands of those officers, without an allowance for it, he could not see either the justice or propriety of it.

Mr. VINING supported his proposition; he observed that his motion was not a greater innovation than that proposed by the bill; he stated the incompetency of the present system; he thought the House had been too much influenced by the resolutions and regulations of the old Congress; he wished that principles and not precedents should influence the decisions of Congress in future. With respect to the present Commissioners he had as high an opinion of the abilities of the gentlemen as any man, and he doubted not that they would be re-appointed; he expatiated on the necessity of a new arrangement in this business, and enforced the propriety of appointing characters eminent in the public estimation, whose decisions would be the result of a comprehensive and competent view of the subject.

Mr. GERRY's idea was finally adopted by the House, and the appointments of additional commissioners devolved on the President of the United States.

The committee rose and reported progress.
AMENDMENTS TO THE CONSTITUTION.

A message was received from the President of the United States, informing the House, that he had received official information of the ratification and adoption of the Constitution of the

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Mr. SMITH, of South Carolina, then moved that the Committee of the whole should be discharged from considering the bill to prevent a commercial intercourse with the State of Rhode Island, &c., which was immediately put and carried in the affirmative,

[H. OF R.

of the committee on the petition of John F. Amelung. The resolution in favor of the petitioner by the committee, was as follows: "That the Secretary of the Treasury of the United States be authorized to make a loan not exceeding $8,000 to the said John F. Amelung, he giving satisfactory security for the reimbursement of the same within years." The question was on agreeing to this resolution.

Mr. CARROLL gave a history of the rise and progress of this gentleman's exertions in establishing an American Glass Manufactory; it commenced in 1775. He brought into the counOn motion of Mr. SEDGWICK, a committee try upwards of 200 persons, and has expended was appointed to report a bill or bills for giving in this undertaking £20,000. Owing to a varieffect to the laws of the United States, in re-ety of accidents, and particularly the extraorspect to the State of Rhode Island and Provi-dinary rise in the price of grain, he now finds dence Plantations.

himself greatly embarrassed in prosecuting the business; but if he can be so far patronized by Government as to be favored with a loan of 3 or 4,000 pounds, it would afford him such relief as would enable him to surmount every

DEATH OF THEODORIC BLAND. Information having been received of the death of the Honorable THEODORIC BLAND, one of the members of the House-Mr. JACKSON moved that a committee should be appointed to super-difficulty. intend his funeral.

This business was specially referred to the delegation from the State of Virginia.

Mr. GERRY'S motion for printing the treaties between the United States and foreign nations, and annexing them to the code of laws, was taken up and passed.

WEDNESDAY, June 2.

PUBLIC DEBTS.

The engrossed bill making provision for the payment of the debts of the United States, was read the third time and passed.

Mr. SMITH, of South Carolina, and Mr. SHERMAN, objected to the report of the committee. They doubted the constitutionality of the power of Congress to loan the money of their constituents; they objected to it on account of the precedent it would establish, and supposed that the encouragement and assistance would be applied for with more propriety to the State Government.

Mr. CARROLL made some observations in reply to these remarks.

Mr. VINING said, he had no idea of losing a good thing lest a precedent should be established, which no future circumstances might pro

Mr. CARROLL, from the committee to whom was referred the petition of John F. Amelung,bably call into use. He then adverted to the made a report.

DEBTS OF THE STATES. The House again resolved itself into a Committee on the bill for settlement of the accounts between the United States and individual States, Mr. SENEY in the chair. The committee not having got through the bill, rose and reported progress.

On motion of Mr. GERRY,

Resolved unanimously, That the members of this House, from a sincere desire of showing every mark of respect due to the memory of THEODORIC BLAND, deceased, late a member thereof, will go in mourn ing for him one month, by the usual mode of wearing

a crape round the left arm.

Mr. SEDGWICK, from the committee appointed on the subject, presented a bill for giving effect to the laws of the United States within the State of Rhode Island and Providence Plantations, which was twice read and committed.

THURSDAY, June 3.

extraordinary and peculiar circumstances of this gentleman, and on general national principles, contended that it was conformable to the dictates of the soundest policy to encourage and assist the undertaking. He said, that the Constitution does not prohibit the Government from loaning money, it is a mere act of legislation, and Congress may do it, or let it alone. Congress are vested with a general power to encourage the arts and manufactures of the United States; this is one mode of affording this encouragement. He enlarged on the importance of manufactures, and that of making glass in particular, by which, if duly encouraged, immense sums of money might be prevented from being sent out of the country.

Mr. BOUDINOT, who was one of the committee which brought in the report, gave an account of the manufactory, and said he had seen of the glass made in it, which was superior to any ever before produced in America. He contended, that Congress had a right, by the Constitution, to loan the money; he cited several instances in point; which, said he, are unconstitutional acts if this proposition is. He expatiated on the merits of the petitioner, in embarking such large property in prosecuting a The House proceeded to consider the report business of so general utility, and pointed out

The Senate informed the House, that they have agreed to the resolution for the publication of Treaties made under the authority of the United States.

GLASS MANUFACTURES.

H. OF R.]

United States and Individual States.

the consequences which would result from a failure of this application, which would be greatly injurious to the petitioner and the public. Mr. SHERMAN read that part of the Constitution which he conceived was contrary to the proposition in the report.

[JUNE 4, 1790.

Mr. GERRY, after a variety of other observations, said, the agricultural and commercial interests of the United States had found warm advocates in the House; manufactures had found some friends, but, he believed, not to so great a degree as the other two. He wished that some mode could be devised to unite in measures to promote the interests of all three. He concluded, by saying that as there appeared to be a variety of sentiments on the subject, he wished the House should go into a Committee of the whole on the business.

Mr. STONE made some observations in favor of the report.

Mr. SEDGWICK said, he had no doubt of the constitutionality of the measure in granting the money, still he doubted the eligibility of any partial application of the public patronage and encouragement. He mentioned the various manufacturing enterprises on foot through the United States; many of these are languishing, said he, for want of that encouragement which is now solicited in this particular instance. He Mr. SMITH, of South Carolina, replied to the had no doubt of the merits of the petitioner; and several speakers in favor of the report. He realthough he was in favor of giving all due en- probated the resolution as unconstitutional, as couragement to industrious foreigners, yet he opening a door to innumerable applications; he doubted the propriety of doing this in a partial contended that there was no probability of efmanner, and in preference to the natives of this fectual and certain aid to the manufacture, as country; if the subject should be brought for- it is acknowledged that £20,000 have been emward on general principles, said he, it shall re-ployed in the undertaking, and yet it is in danceive my hearty support, so far as the circum-ger of failing. He then read an advertisement stances of the country will admit. of Mr. Amelung, in which he says he is still Mr. AMES entered into a particular discussion able to furnish the public with glass. He obof the subject of manufactures, and dilated on served, that from all circumstances he was led their utility and importance in the United States. to conclude that if the money was once granted, He pointed out the difficulties which attended it would never be again realized by the Governsetting them up in this country, from the com- ment, as in case of accidents, which are very petition they have to contend with of foreign probable in that business, Congress will be aparticles. He then stated the principles on which plied to, on account of misfortunes, to remit their public patronage ought to be extended to un-claim. The report was negatived. dertakings in this line; his idea was, that such UNITED STATES AND INDIVIDUAL STATES. as are of general advantage to the public should The House again went into a Committee on be so far encouraged as to place the manufac- the bill to provide for the settlement of the actures upon terms of equality with foreign man-counts between the United States and individufactures of a similar nature; he did not con-ual States, Mr. SENEY in the chair. Sundry ceive the present circumstances of the United amendments were agreed to, and several clauStates would justify or enable them to under- ses expunged. The committee rose and retake to afford this encouragement generally; but ported progress. he supposed that there was a propriety in taking up particular branches, and determining what particular aid they shall receive.

FRIDAY, June 4.

RHODE ISLAND.

ed for the purpose, presented a bill for giving Mr. SEDGWICK, from the committee appointeffect to an act to establish the Judicial Courts of the United States within the State of Rhode Island and Providence Plantations, which was twice read and committed.

Mr. JACKSON was opposed to the report. He was averse to any partial encouragement; par-laws of the United States within the State of The engrossed bill for giving effect to the ticularly of foreigners in preference to our own Rhode Island and Providence Plantations, was citizens, whose circumstances are in many re-read the third time and passed. spects truly deplorable from the failure of manufactures, which had long been established in the country. He observed, that our creditors had a prior claim on the revenue, and that the measure was precipitate. Gentlemen are not content, said he, with placing the American tonnage in a hot-bed, but they are now for placing manufactures also in one. He supposed the State of Maryland would derive great advantage from this undertaking, and that they would encourage the petitioner without doubt; he wished the gentleman success, but was for referring him to the State Legislature.

U. STATES AND INDIVIDUAL STATES.

The House again went into a Committee on the bill to provide for the settlement of the accounts between the United States and the individual States, Mr. SENEY in the chair. The committee had nearly finished their discussion, when they rose and reported progress.

Mr. SENEY Supported the report of the committee, and urged the propriety of the applica- Mr. MADISON moved that the Committee of tion to the General Government, as the under- the whole be discharged from the further contaking is of general utility, and such extraordi-sideration of this bill; which motion being carnary exertions merited the notice, patronage, ried, this bill will hereafter be taken up in the and assistance of the United States at large. House.

JUNE 10, 1790.]

MONDAY, June 7.

POST OFFICE.

Seat of Government.

Mr. LIVERMORE, from the Committee to whom was recommitted the bill for regulating the Post-office of the United States, presented an amendatory bill to establish the post-office and post-roads within the United States; which was twice read and committed.

CENSUS ACT EXTENDED TO RHODE ISLAND. Mr. SEDGWICK, from the Committee appointed for the purpose, presented a bill for giving effect to an act providing for the enumeration of the inhabitants of the United States, in respect to the State of Rhode Island and Providence Plantations; which was read twice and committed.

U. STATES AND INDIVIDUAL STATES. The House proceeded to the consideration of the report of the Committee of the whole on the bill to provide for the settlement of the accounts between the United States and the individual States, and agreed to the same.

Several amendments were then proposed to the bill, some of which were agreed to; and on motion of Mr. SCOTT, a clause was added to increase the salaries of the clerks of the Commissioners from four hundred dollars per annum to five hundred, the salaries given in all the other offices.

Mr. MADISON then moved for another amendment, the consideration of which was postponed till to-morrow.

TUESDAY, June 8.
RHODE ISLAND.

The engrossed bill for giving effect to the act to establish the Judicial Courts of the United States within the State of Rhode Island and Providence Plantations, was read the third time and passed.

On motion of Mr. BOUDINOT, a Committee was appointed to inquire and report to the House the business necessary to be transacted previous to an adjournment.

U. STATES AND INDIVIDUAL STATES.

The bill providing for the settlement of accounts between the United States and individual States, was taken into consideration. Several amendments were proposed and debated: some of them were agreed to, and others rejected. The bill being finished, it was ordered to be engrossed for a third reading.

DUTIES ON SPIRITS.

WEDNESDAY, June 9.

[H. OF R.

U. STATES AND INDIVIDUAL STATES.

The engrossed bill to provide for the settlement of the accounts between the United States and the individual States was read the third time, and recommitted to a Select Committee. A message from the Senate informed the House that they have passed the bill giving effect to the several acts therein mentioned to the State of Rhode Island and Providence Plantations, with an amendment; which, being considered, was agreed to by this House.

SEAT OF GOVERNMENT.

Mr. GERRY gave notice that he should tomorrow bring forward a resolution to fix the permanent residence of Congress somewhere on the eastern banks of the Delaware.

DUTY ON SPIRITS.

In Committee of the whole on the bill for repealing, after the last day of next, the duties heretofore laid on distilled spirits, &c.

Mr. GOODHUE moved to strike out the twelfth section which provides for an excise on spirits distilled in the United States. This motion occasioned considerable debate. The excise was opposed, as interfering with those funds of the particular States on which they depend for paying the interest of their State debts, which would be a most glaring act of injustice, unless those debts are assumed by the United States; others objected to the principle of excises altogether. The motion was finally negatived.

THURSDAY, June 10.

On motion, the following resolution was presented for consideration:

SEAT OF GOVERNMENT. Resolved, That when the two Houses shall adjourn to close the present session, the President of the Senate and Speaker of the House of Representatives do adjourn their respective Houses, to meet and hold their next session in the city of Philadelphia.

The Yeas and Nays being called for on the question of considering the resolution, they

were taken as follows:

YEAS. Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Contee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Lee, Madison, Matthews, Moore, P. Muhlenberg, Page, Parker, Scott, Seney, Sinnickson, Smith, of Maryland, Steele, Stone, Sumter, Vining, White, Williamson, Wynkoop.-32.

NAYS.-Messrs. Ames, Benson, Bloodworth, Boudinot, Burke, Floyd, Foster, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Jackson, Lawrence, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Sylvester, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wadsworth.--29.

The House resolved itself into a Committee of the whole on the bill for repealing, after the last day of the duties heretofore laid on The motion being before the House for a dedistilled spirits of foreign manufacture, and lay-cision, a motion was made that the same should ing others in their stead, Mr. BoUDINOT in the chair. The bill being read, some progress was made in the discussion; the committee then rose, and the House adjourned.

be committed to a Committee of the whole, and that the proposition moved yesterday by Mr. GERRY, should, at the same time, be referred to the Committee, with instructions that they

H. OF R.]

Distilled Spirits.

examine into the question relative to a place for
fixing the permanent seat of Government.
This motion for commitment also gave rise
to considerable debate about the usual time of
adjournment.

A motion was made to adjourn; on this motion the House divided-ayes 29, noes 28. The SPEAKER declared himself in favor of the minority. The House was then equally divided, and the motion in consequence lost.

The question being at length put for commitment, it was negatived-yeas 28, nays 33. YEAS.-Messrs. Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Lawrence, Leonard, Livermore, Partridge, Van Rensselaer, Schureman, Sedgwick, Sherman, Sylvester, Smith, of Maryland, Smith, of South Carolina, Sturges, Thatcher, Trumbull, Tucker, Wadsworth.-28.

[JUNE 11, 1790.

ed, irritated, and wasting time in discussing a question of, confessedly, a local nature; that though the resolution had been once carried by a large majority in the House, it was negatived in the Senate; and there was no prospect of a different decision; that if Philadelphia was agreed upon as the place to which Congress should adjourn, it must appear from a most cursory view of the state of representation, that it would be extremely difficult ever to effect a removal to a more central situation, and no one pretended that it was the most eligible place for that in order to remove all cause of further una permanent residence. It was further said, easiness on this subject, it was become necessary to determine the permanent seat of Government. On this last idea many observations were made, and the eligibility of the measure urged with great zeal. The motion to take up Mr. PARKER's resolution being carried,

NAYS.-Messrs. Ashe, Baldwin, Brown, Bloodworth, Cadwalader, Carroll, Clymer, Coles, Contee, Mr. SEDGWICK, after a number of observaFitzsimons, Gale, Gilman, Griffin, Hartley, Heister, tions, moved that the resolution now before the Jackson, Lee, Madison, Matthews, Moore, Muhlen- House should be referred to a Committee of berg, Page, Parker, Scott, Seney, Sinnickson, Steele, the whole, and that that Committee be instructStone, Sumter, Vining, White, Williamson, Wyn-ed to take into consideration the motion of Mr. koop.--33.

A motion was again made for an adjournment; the House divided-ayes 30, nays 31. Mr. BLOODWORTH then moved that Philadelphia should be struck out of the resolution, and Baltimore inserted.

After some debate on this motion, another motion was made to adjourn, and carried.

This debate was supported by arguments and observations similar to those stated in a former paper; but greatly enlarged on this occasion. Those in favor of determining on the temporary residence, or an adjournment to Philadelphia, urged its greater centrality than New York; the injustice done to the Southern States in holding the sessions in so uncentral a situation; the uneasiness of the people on this account; the present temper of the House; the tendency of the question to irritate and inflame; the interruption of the public business, and the influence the subject might be supposed to have in determining great national questions; that the determination of a very great majority of the House had been overruled in an unprecedented and extraordinary manner by the Senate; the House ought in justice to themselves, and to their constituents, who were greatly interested in the issue of the question, to insist on their former vote, &c. From these considerations the advocates for Mr. PARKER's mo tion urged an ultimate decision on the ques

ion.

GERRY laid on the table yesterday, for fixing the permanent seat of Government on the banks of the Delaware.

Mr. CARROLL observed, that when the subject was originally brought before the House, it was moved to take up the permanent residence; that motion was then rejected; why, then, should we waste time on a subject which has already been determined? If gentlemen are sincere who profess to be concerned about the other public business, they certainly will not go into a Committee of the whole, as now proposed.

Mr. AMES rose and declared, that he, as well as those with whom he acted, were sincere in their professions when they wished to bring forward the permanent residence; he thought it of the utmost importance that the subject should receive a final determination. This motion, as before stated, was negatived.

FRIDAY, June 11.

DISTILLED SPIRITS.

On motion, that the House resolve itself into a Committee of the whole on the bill for repeal ing, after the last day of next, the duties heretofore laid upon 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 these spirits and promote agriculture, as to provide for the support of the public credit, and for the common defence and welfare.

In reply, it was observed, that the question is of a mere local nature, which ought not to be brought forward at the present moment, to in- The Yeas and Nays being called for, were: terrupt the great and important national busi- YEAS.-Messrs. Ames, Boudinot, Benson, Burke, ness before the House; that the people were Foster, Floyd, Gerry, Goodhue, Hathorn, Huntinganxiously waiting for a completion of this busi-ton, Huger, Jackson, Lawrence, Leonard, Liverness; that they would view with concern and more, Rensselaer, Sedgwick, Sherman, Sturges, disgust the men whom they had appointed to Sylvester, Schureman, Smith, of Maryland, Smith, transact affairs of the greatest moment, agitat-of S. C., Trumbull, Thatcher, Wadsworth.--26.

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