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This motion was seconded from various quarters, and occasioned a considerable debate.

Mr. BURKE said, he was sorry to see such a disposition in many of the members of this House to extend the powers of the Executive. The excise bill is universally odious; and gentlemen seem to be trying to render this more odious, by urging one exceptionable clause after another. He hoped this clause would be struck out, and that the Legislature would retain the power of disposing of their own money. He said, that his ideas on the subject had been called chimeras-but this was a stale trick, which had been long practised by those who are in favor of strengthening the arm of the Executive; it was always made use of in that country whose precedents we often recur to; but, for his part, no such observations should deter him from placing every possible guard round the liberties of the people, and checking the undue extension of the Executive arm.

The motion for striking out was carried29 to 27.

A motion from Mr. CLYMER, as a substitute for the fourth section, was then read. This proposed an Inspector for each State, at a salary of dollars per annum, with power to appoint such number of Deputy Inspectors as they may think proper; these Deputy Inspectors to receive per cent. on the gross amount of the sums by them respectively collected.

Mr. SEDGWICK proposed that this motion should be referred to a Select Committee, with other motions now on the table.

Mr. VINING was opposed to referring it to a Select Committee. He said the consequence of a reference would be an unnecessary prolongation of the business. He thought it might as well be taken up and decided upon at the present time as any.

Mr. LAWRENCE was in favor of referring this motion to a Select Committee.

The SPEAKER observing that it would not be in order to commit this motion, except in connexion with the whole clause, Mr. CLYMER withdrew it for the present.

Mr. LEE then moved, that the bill should be recommitted for the purpose of bringing in a clause devising a proper mode of collecting the

revenue.

Mr. LIVERMORE seconded the motion, and in a few general remarks condemned the bill altogether.

Mr. STONE also spoke against the bill, and in support of the motion for a recommitment.

Mr. GERRY objected to the motion, especially as it was contemplated to make an arrangement by which the duties of the officers of the revenue, already established, are to be blended with those of the officers to be appointed by this law; this would deprive the Government of that check which it has in view by this bill.

Mr. LIVERMORE said, that he did not conceive there was any thing like an excise contemplated by the bill. The duty proposed on

[JAN. 21, 1791.

spirits is a mere duty of impost. As to checks, he did not think any additional ones were necessary. If the officers already appointed to collect the revenue are not sufficient for that purpose, let them be increased; but as to any further checks he considered them altogether superfluous. It is acknowledged, said-he, on all hands, that the patriotism and punctuality of the importers has been such as to produce a very strict compliance with the revenue laws. Mr. GERRY read several clauses in the bill, to show that it was something more than a mere impost law.

Mr. GILES said, he hoped the bill would not be precipitated; there are a number of propositions on the table calculated to amend the several defects it contains, he therefore hoped the bill would be recommitted for the purpose of amending those defects. He fully objected to sending the bill up to the Senate in a confessedly imperfect state, and hoped no such precedent would ever receive the sanction of the House, especially in a money bill.

Mr. SEDGWICK called the attention of the House to the process of this business; much time was spent in the discussion of it last session; we are now past the middle of the present; more than three weeks have already been spent in the business, and now, at this late period, gentlemen come forward with propositions that strike at the very principles of the bill. He hoped no such motion would take place.

Mr. VINING objected to a recommitment for general purposes.

The question on recommitting generally was lost-30 to 27.

A motion was then made for recommitting for a particular purpose, which was lost-24 to 33.

FRIDAY, January 21.

BANK OF THE UNITED STATES.

The act to incorporate the subscribers to the Bank of the United States, received from the Senate yesterday, was read the first and second time, and referred to a Committee of the whole House on Wednesday next.

NEW REVENUE BILL.

Mr. SEDGWICK moved for a committee to of the Inspectors of the duties on distilled spibring in a bill to provide for the compensation rits. The motion was agreed to, and a comson, and LAWRENCE, was appointed. mittee, consisting of Messrs. SEDGWICK, MADI

forming the House that they have concurred in A message was received from the Senate, inthe vote of the House, in appointing a committee, on their part, to consider and report a time for the commencement of the next Congress.

DUTY ON SPIRITS.

The House resumed the consideration of the new Revenue Bill.

Mr. JACKSON proposed an amendment, by adding a clause to prevent Inspectors, or any

JAN. 21, 1791.]

Duty on Spirits.

officers under them, from interfering, either directly or indirectly, in elections, further than giving their own votes, on penalty of forfeiting their offices.

This being seconded,

Mr. SHERMAN Said, he should propose an addition to the amendment, and that was to extend the prohibition to every other person whatever. He supposed that to practise the arts of electioneering would be as criminal in persons in general as in the officers of the revenue; but if any provision is necessary in the case, he thought it might be made in some other bill.

Mr. LIVERMORE approved the motion. These officers, said he, will hold their places under the Government, and, from the duties assigned them, will acquire such a knowledge of persons and characters, as will give them great advantages, and enable them to influence elections to a great degree. He thought the proposition important, and merited the attention of the House.

Mr. VINING observed, that the motion went to disfranchise a great number of citizens of the rights of suffrage. It appeared to him, also, to be unconstitutional, as it will deprive them of speaking and writing their minds; a right of which no law can divest them. He offered some observations on the eligibility of the duty now contemplated, in preference to direct taxes; and then urged the bad policy of rendering the law odious, by fixing a stigma on the officers appointed to execute it.

[H. OF.R.

extend to all other revenue officers. He gave a short account of the nature of Civil Government; no form, said he, is stationary, they are always verging either to Democracy or Monarchy, or to Aristocracy and Despotism. From hence, he drew an influence favorable to a provision which should tend to abate and lessen the influence of the Executive power in certain cases.

Mr. AMES objected to the motion. He said, the circumstances of this country and Great Britain were not similar. That country is without a Constitution; the United States are blessed with one, which defines the rights of the electors and the elected; rights of which they cannot be deprived. The law which the gentleman referred to was not passed till the abuses it was intended to remedy had arisen to an enormous height. If ever there should be a necessity for a similar law in this country, which he by no means expected, it will then be time enough to make the regulation; but this clause will muzzle the mouths of freemen, and take away the use of their reason.

Mr. BLOODWORTH replied to Mr. AMES. He observed, that corruptions had taken place; elections have been influenced, and human nature being the same the same evils are to be expected. He thought it would be best to prevent the evil if possible by enacting a law in season, and not wait till the mischief is done.

Mr. SENEY was in favor of the clause. He thought it would be a salutary provision, and no infringement on the rights of the people, as it would be optional to accept the offices or not, with this restriction.

Mr. JACKSON replied to the observations against his motion. He said the experience of Great Britain showed the propriety of the prohibition. He read a section from a law passed Mr. STONE was in favor of the motion. He in the reign of William and Mary on this subject. observed, that it was a painful consideration that A law was found necessary in that country to a number of citizens should be disfranchised, prevent the interference of excise-officers in and deprived of their reason and speech, but elections, though the excise law then in exist- this is a dilemma to which we shall be reduced ence was only for ten years, and that now be- by means of this excise law; we must either fore us is a perpetual law; for it is to exist till deprive the excise officers of this privilege of the whole State debts are extinguished. He de-interfering or give up the freedom of elections. nied that it was a disfranchisement of the citizens; they will have the same right to vote at elections as other citizens; it only goes to defining an offence, which may be of pernicious consequence. Did I consider it as depriving the citizens of the rights of suffrage, I would be the last to vote for it. He adverted particularly to the dangerous influence that some fu- Mr. LAWRENCE was sorry that there were so ture Presidents would acquire, by virtue of the many impediments thrown in the way of this power which he will possess of removing these bill. He could wish that the clause might be officers. He read some clauses from the Bri-deferred, and made the subject of a separate tish Excise Law, to show its resemblance to the law now under consideration. He added some strictures on the bill, and regretted that it had not been recommitted; but to render it less odious and mischievous he strongly urged the necessity of the section he had proposed.

Mr. BENSON said, there appeared to him to be an absurdity to say a man shall forfeit an office which he holds during pleasure.

Mr. GERRY objected to the motion, because he thought it did not go far enough; it ought to

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Mr. VINING Controverted the oft repeated observation, that there was an analogy between the two countries, Great Britain and America. He urged an acceleration of the bill; delays he thought did not produce conviction, they only serve to inflame; he hoped the clause would not be agreed to, nor the bill recommitted.

discussion. He objected to it as not extensive enough. It ought to include all the officers of the Government. At present, he should waive any further remarks, but hoped the motion would not be agreed to at this time, but wished that the bill might be finished.

Mr. SEDGWICK opposed the motion. He said, the natural tendency would be to render the law odious; to deprive the Government of the services of the best men in our country. Let me ask gentlemen, if they, or any of their

H. OF R. ]

Duty on Spirits.

[JAN. 24, 1791.

connexions, would accept an appointment un- by the act should be applied. This was superder this law, with such an exceptionable clause seded by a motion to recommit the bill, which in it? He observed on the total difference in was lost. the circumstances of this country and those of Several amendments were offered to that secGreat Britain; and asked, shall we transplant | tion, which underwent some discussion, but the corrupt maxims of that country to this? I were postponed for further consideration. hope we shall not.

Mr. GERRY replied to the several objections which had been offered against the motion. It will be too late, said he, when the evil takes place to apply the remedy. The President will then have it in his power to influence the elections in such manner as to procure a Legislature that would not consent to a law for applying a remedy.

Mr. AMES reprobated the motion in very pointed terms, as impolitic in respect to the law, as repugnant to the Constitution, and as degrading to human nature. Besides, he observed, that it was nugatory in itself, because it goes to deprive the citizens of an unalienable right, which you cannot take from them, nor can they divest themselves of it.

MONDAY, January 24.

Mr. HEISTER presented a memorial and remonstrance from a number of the citizens of Philadelphia, against Excise Laws, and particularly against the bill now pending in the House, laying duties on distilled spirits. Read, and laid on the table.

The following messages were received from the President of the United States:

UNITED STATES, January 24, 1791.

Gentlemen of the Senate

and House of Representatives:

I lay before you a statement, relative to the fronMr. JACKSON made a short reply to Mr. tiers of the United States, which has been submitted AMES. He observed, that he had always sup-to me by the Secretary for the Department of War. posed that the English nation possessed a Con- I rely upon your wisdom to make such arrangestitution, and that the violation of the freedomments as may be essential for the preservation of of elections was the greatest infringement on good order, and the effectual protection of the fronthat Constitution.

tiers.

GEO. WASHINGTON. UNITED STATES, January 24, 1791.

Gentlemen of the Senate

and House of Representatives:

Mr. SHERMAN observed, that this motion went to create a positive offence. He said he could not conceive any reason why this offence should be chargeable on one description of officers only; he thought it ought to go through, and include every class. He replied to the seIn execution of the powers with which Congress veral objections arising from the influence of were pleased to invest me, by their act, entitled the President; and observed, that fixing such a "An act for establishing the temporary and permastigma would oblige the President to appoint nent seat of the Government of the United States," mean and ordinary characters-characters fit to and on mature consideration of the advantages and make tools of; for persons of credit and re-disadvantages of the several positions, within the lispectability will not accept of appointments un-mits prescribed by the said act, I have, by a Proclader such a disqualification.

mation, bearing date this day, a copy of which is nega-herewith transmitted, directed Commissioners, appointed in pursuance of the act, to survey and limit a part of the territory of ten miles square, on both sides of the river Potomac, so as to comprehend Georgetown in Maryland, and to extend to the East

Bloodworth,

The question was determined in the tive, the yeas and nays being as follows: YEAS.-Messrs. Ashe, Baldwin, Brown, Burke, Floyd, Gerry, Grout, Hathorn, Heister, Jackson, Livermore, Matthews, Moore, Parker, Rensselaer, Seney, Sylvester, Stone, Tucker, and White.--21.

NAYS.--Messrs. Ames, Benson, Boudinot, Bourne, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gilman, Goodhue, Griffin, Giles, Hartley, Huntington, Lawrence, Lee, Leonard, Madison, p. Muhlenberg, Schureman, Scott, Sedgwick, Sevier, Sherman, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Steele, Sturges, Thatcher, Trumbull, Vining, Wadsworth, Williamson, and Wyn

koop.--37.

SATURDAY, January 22.
DUTY ON SPIRITS.

The House resumed the consideration of the new Revenue Bill.

An additional section was proposed, pointing out the purposes to which the revenue raised

ern Branch.

I have not, by this first act, given to the said territory the whole extent of which it is susceptible, in the direction of the river; because I thought it important that Congress should have an opportunity of considering whether, by an amendatory law, they would authorize the location of the residue of the lower end of the present, so as to comprehend the Eastern Branch itself, and some of the country on its lower side in the State of Maryland, and the town of Alexandria, in Virginia. If, however, they are of opinion that the Federal Territory should be bounded by the water-edge of the Eastern Branch, the location of the residue will be to be made at the upper end of what is now directed.

I have thought best to await a survey of the territory, before it is decided on what particular spot, on the Northeastern side of the river, the public buildings shall be erected.

GEO. WASHINGTON.

JAN. 24, 1791.]

Duty on Spirits.

DUTY ON SPIRITS. The House then resumed the consideration of the new Revenue Bill.

Mr. TUCKER proposed a clause to limit the duration of the bill. He urged this motion from consideration of the security it would afford to the people, that the duties and burthens would not be continued after the necessity of their being laid should cease. He observed, that a future House might agree to renew the law, or to originate a new one; nor did he conceive that the creditors of the United States would be placed in a worse situation with this limitation than without it; for a House that would refuse to renew the act, or originate a new one, on a principle of justice to the creditors, would not hesitate to repeal this law.

Mr. SHERMAN observed, that a clause already agreed to supersedes the necessity of this amendment. That clause expressly provides, that other duties or taxes, of equal value, may be substituted, in case the present should prove burthensome or inconvenient.

[H. OF R.

Will gentlemen say that the system is so sacred that it can never be touched? He inquired, if in its operation any system is found to be contrary to the Constitution, ought it to be held sacred? He then adverted to the impression under which the Constitution had been adopted, and said, that if the people had then supposed that they subjected themselves by it to perpetual burthens, which could never be controlled by the Representatives of the People, not one in a hundred would ever have consented to its adoption. He asked, on what is the public faith founded? Is it founded on the fiscal regulations of this House? Is it founded on the funding system? I hope not. It is founded, sir, on the integrity of the United States, and their ability to pay their debts. He was afraid there was too great a sympathy with the public creditors in the House; such a sympathy as did not properly combine with it the interests and feelings of the people at a distance. He considered the power of regulating the resources of the United States, as at present situated, pro

delegated to any other body whatever. I hope, said he, we shall not arm the Executive with the golden nerve of the United States. He considered the Executive as possessing already the necessary powers; he wished they might not be extended; much less could he consent that the funding system should be superior to the Con

Mr. JACKSON Supported the motion. He ob-perly lodged; and he trusted it would not be served, that it was the indispensable duty of this House to keep the purse-strings in their hands; for his part, he never would consent to a perpetual law, which in its operations might prove odious to the people; and he maintained that this law would be perpetual, inasmuch as it was to be commensurate with the debt of the United States. He urged the adoption of a li-stitution of the United States. miting clause from a variety of considerations. Mr. LAWRENCE objected to the motion. He said, it not only interfered with the acts already passed, making provision for the public debt, and which have express reference to part of the duties contemplated by this bill, but it also contravenes the clause which makes it optional with the United States to substitute other taxes in lieu of those proposed to be raised by this bill.

Mr. GERRY objected to the proposition of Mr. TUCKER, on similar principles with Mr. LAWRENCE. He added, that it would prove a violation of the public faith, inasmuch as it would make part of the provision temporary, whereas the honor of the Government is pledged to provide those funds that are permanent. Mr. G. enlarged on the importance and sacredness of the public faith, observing, that it had already been sufficiently trifled with; he hoped more consistency would mark the public councils in future.

Mr. GILES thought the provision proposed, or something similar, so important, that he should think himself deficient in duty if he did not offer some observations on it. He denied the motion violated the funding system; but if it did, he should prefer such violation to a violation of the Constitution. He read a clause from the funding system, and said the terms permanent funds" meant established, fixed funds, such as Congress may hereafter deem necessary; it could not mean that Congress are not at liberty to vary these funds at pleasure, provided they are always made competent.

66

Mr. LAWRENCE, adverting to the Constitution, specified the powers thereby vested in the Legislature of the United States; they are empowered to lay excises, imposts, and other taxes. He wished gentlemen would be explicit when they taxed others with a design to violate the Constitution. He had read the Constitution, perhaps not so much as the gentleman from Virginia, still he had read it sufficiently to convince him that nothing in the funding system, nor in the bill now before the House, was contrary thereto. He then adverted to the proposition of limiting the present bill, and said that it must appear to be a palpable violation of the public faith as pledged by the funding system. It goes to converting not only the present fund into a temporary one, but also converts part of that which is now a permanent fund into a temporary one. He then adverted to the observation which tended to affix a stigma of odium on the bill. He remarked on the subject of taxes generally, and said, there never was such a thing as a popular tax, strictly speaking; still the people submitted to them on principles of patriotism, and when it was said that the people are pleased with any particular mode of taxation, it only means that some are less exceptionable than others; this he conceived to be the case in the present instance.

Mr. JACKSON, adverting to the bill, said, that the clause which empowers, Congress to substitute new taxes in lieu of the excise, plainly shows that this bill is not a permanent bill. The proposition is therefore no violation of any

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principle in the bill, it is merely declaratory of what is fairly implied in the above clause. Mr. HEISTER was in favor of the limitation. Mr. BLOODWORTH said, he had seconded the motion with a view that if the bill should not prove agreeable to the people other measures may be adopted. Suppose the people should not consent to the law, is one part of the people to be marched against another? It will be in vain for us to pass a law that shall be opposed to the popular prejudices; gentlemen talk of the bill's being agreeable to the people; his experience taught him very differently; no system could be devised more odious to the people of the Southern States.

[JAN. 26, 1791.

TUESDAY, January 25.

EVIDENCES OF PUBLIC DEBT.

Mr. LAWRENCE, from the committee to whom was referred the bill directing the mode in which evidences of the debt of the United States which may be lost or destroyed shall be renewed, presented an amendatory bill; which was twice read, and committed.

DUTY ON SPIRITS.

The House resumed the consideration of the new Revenue Bill. After spending some further time upon it, the question of ordering it to be,engrossed for a third reading was carried by yeas and nays, as follows:

YEAS.-Messrs. Ames, Benson, Boudinot, Bourne,

Cadwalader, Carroll, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Grout, Huntington, Lawrence, Lee, Leonard, Livermore, Madison, Partridge, Schureman, Scott, Sedgwick, Sherman, Sylvester, Sinnickson, Sturges, Thatcher, Trumbull, Vining, Wadsworth, White, and Wyn

NAYS.--Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Griffin, Giles, Hathorn, Hartley, Heister, Jackson, Matthews, P. Muhlenberg, Parker, Rensselaer, Seney, Sevier, Steele, Stone, and Tucker.--20.

COMMENCEMENT OF NEXT CONGRESS.

Mr. GERRY further opposed the motion. Mr. TUCKER rose to obviate some of the objections which had been offered to his motion. If the operation of it went to repeal any part of the funding law, he was content to have it altered so as to avoid that consequence. He then entered into a particular reply to the several objections which had been offered. He invali-koop.--35. dated that which arose from the danger of trusting a future Congress, by instancing the situation of the deferred part of the debt, which is left entirely to the integrity of a future Congress. That the public creditors do not consider the perpetuity of the law making provision for the public debt as of any superior consequence, is evident from the increasing value of the de- Mr. TUCKER, from the Joint Committee apferred debt. pointed to consider and report the time for the Mr. STONE said, the motion would counter-commencement of the next Congress, brought act the clause in the funding system which had in a report, which is in substance that the busiappropriated the duty on rum as a permanentness now before Congress may be finished by fund. He had been opposed to the United States pledging their faith for the payment of their debts; he was for a more dignified mode of procedure, but as the Legislature had thought proper to provide a permanent fund in one instance, he thought it proper they should do it in another; and with respect to excise, if that is the best possible resource for paying the interest on the assumed debt, it ought to be continued on the same principle till the object is

obtained.

Mr. SHERMAN offered a few observations against the motion.

Mr. SENEY Spoke in its favor, and proposed a modification of it to avoid the objection of its interfering with the funding system.

the 4th of March, and that it will not be necessary for the new Congress to commence immediately after; but the Joint Committee could not agree as to the precise time, when their first session should begin.

WEDNESDAY, January 26.

COMPENSATION TO WIDOWS, &c. Ordered, That Messrs. SMITH, (of S. C.) STONE, and TRUMBULL, be a committee to bring orphans, and invalids, in certain cases. in a bill for making compensation to widows,

APPROPRIATION BILL.

And that Messrs. LAWRENCE, CLYMER, and BOUDINOT be a committee to bring in a bill The question was taken on the original mo-making appropriations for the service of the tion and lost-39 to 19. current year.

NORTH CAROLINA.

The yeas and nays were as follows: YEAS. Messrs. Ashe, Baldwin, Bloodworth, The House proceeded to consider the Report Brown, Burke, Giles, Hartley, Heister, Jackson, Matthews, Moore, P. Muhlenberg, Parker, Scott, of the committee to whom was referred the peSeney, Sevier, Steele, Tucker, and Williamson.--19. titions of the merchants of Wilmington and NAYS.-Messrs. Ames, Benson, Boudinot, Bourne, Fayetteville, and said Report, which recomCadwalader, Clymer, Fitzsimons, Floyd, Foster, nended that a bill be brought in to repeal so Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Ha- much of the act in relation to the Judiciary as thorn, Huntington, Lawrence, Lee, Livermore, Leon-relates to holding the District and Circuit ard, Madison, Partridge, Rensselaer, Schureman, Courts in Newbern only. Sedgwick, Sherman, Sylvester, Sinnickson, Smith, of Maryland, Smith, of South Carolina, Stone, Sturges, Thatcher, Trumbull, Vining, Wadsworth, White, and Wynkoop.--39.

DR. FRANKLIN.

A message was received from the President of the United States, accompanied with a letter

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