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MAY, 1789.]

Address to the President.

Powers who are not in treaty with her, and therefore did not call upon us for retaliation; if we are treated in the same manner as those nations we have no right to complain. He was not opposed to particular regulations to obtain the object which the friends of the measure had in view; but he did not like this mode of doing it, because he feared it would injure the interest of the United States.

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sponsibility for the destiny of republican liberty; and to seek the only sure means of preserving and recommending the precious deposit in a system of legislation founded on the principles of an honest policy, and directed by the spirit of a diffusive patriotism.

The question arising out of the fifth article of the Constitution will receive all the attention demanded by its importance; and will, we trust, be decided, under the influence of all the considerations to which you allude.

Before the House adjourned, Mr. MADISON gave notice, that he intended to bring on the subject of tive Department, we shall not lose sight of a wish reIn forming the pecuniary provisions for the Execuamendments to the Constitution, on the 4th Mon-sulting from motives which give it a peculiar claim to day of this month.

TUESDAY, May 5.

Mr. BENSON, from the committee appointed to consider of, and report what style or titles it will be proper to annex to the office of President and Vice President of the United States, if any other than those given in the Constitution, and to confer with a committee of the Senate appointed for the same purpose, reported as follows:

"That it is not proper to annex any style or title to the respective styles or titles of office expressed in the Constitution."

And the said report being twice read at the Clerk's table, was, on the question put thereupon, agreed to by the House.

Ordered, That the Clerk of this House do acquaint the Senate therewith.

Mr. MADISON, from the committee appointed to prepare an Address on the part of this House to the President of the United States, in answer to his Speech, to both Houses of Congress, reported

as followeth :

The Address of the House of Representatives to George Washington, President of the United States. SIR: The Representatives of the People of the United States present their congratulations on the event by which your fellow-citizens have attested the pre-eminence of your merit. You have long held the first place in their esteem. You have often received tokens of their affection. You now possess the only proof that remained of their gratitude for your services, of their reverence for your wisdom, and of their confidence in your virtues. You enjoy the highest, because the truest honor, of being the First Magistrate, by the unanimous choice of the freest people on the face of the

earth.

We well know the anxieties with which you must have obeyed a summons from the repose reserved for your declining years, into public scenes, of which you had taken your leave for ever. But the obedience was due to the occasion. It is already applauded by the universal joy which welcomes you to your station. And we cannot doubt that it will be rewarded with all the satisfaction with which an ardent love for your fellow-citizens must review successful efforts to promote their happiness.

This anticipation is not justified merely by the past experience of your signal services. It is particularly suggested by the pious impressions under which you mean to commence your administration, and the enlightened maxims by which you mean to conduct it. We feel with you the strongest obligations to adore the nvisible hand which has led the American people hrough so many difficulties, to cherish a conscious re

our regard. Your resolution, in a moment critical to the liberties of your country, to renounce all personal emolument, was among the many presages of your patriotic services, which have been amply fulfilled; and your scrupulous adherence now to the law then imposed on yourself, cannot fail to demonstrate the purity, whilst it increases the lustre of a character which has so many titles to admiration.

Such are the sentiments which we have thought fit to address to you. They flow from our own hearts, resent, there is not a virtuous citizen whose heart will and we verily believe that, among the millions we repdisown them.

All that remains is, that we join in your fervent supplications for the blessings of Heaven on our country; and that we add our own for the choicest of these blessings on the most beloved of our citizens.

Said Address was committed to a Committee solved itself into a committee, Mr. PAGE in the of the Whole; and the House immediately reChair. The committee proposing no amendment House agreed to it, and resolved that the SPEAKER, thereto, rose and reported the Address, and the attended by the members of this House, do present the said Address to the PRESIDENT.

Ordered, That Messrs. SINNICKSON, COLES, and SMITH, (of South Carolina,) be a committee to wait on the PRESIDENT, to know when it will be convenient for him to receive the same.

ed for the purpose, reported a bill for laying Mr. CLYMER, from the committee appointa duty on goods, wares and merchandise, imported into the United States, which passed its first reading.

Mr. BLAND presented to the House the following application from the Legislature of Virginia, VIRGINIA, to wit:

to wit:

IN GENERAL ASSEMBLY, Nov. 14, 1788. Resolved, That an application be made in the name and on behalf of the Legislature of this Commonwealth to the Congress of the United States, in the words following, to wit:

"The good People of this Commonwealth in Convention assembled, having ratified the Constitution submitted to their consideration, this Legislature has, in conformity to that act, and the resolutions of the United States in Congress assembled, to them transmitted, thought proper to make the arrangements that were necessary for carrying it into effect. Having thus shown themselves obedient to the voice of their constituents, all America will find that, so far as it depended on them, that plan of Government will be carried into immediate operation.

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"But the sense of the people of Virginia would be but in part complied with, and but little regarded, if we went no farther. In the very moment of adoption, and coeval with the ratification of the new plan of Government, the general voice of the Convention of this State pointed to objects no less interesting to the people we represent, and equally entitled to our attention. At the same time that, from motives of affection to our sister States, the Convention yielded their assent to the ratification, they gave the most unequivocal proofs that they dreaded its operation under the present form.

"In acceding to the Government under this impression, painful must have been the prospect, had they not derived consolation from a full expectation of its imperfections being speedily amended. In this resource, therefore, they placed their confidence, a confidence that will continue to support them, whilst they have reason to believe that they have not calculated upon it in vain.

[MAY, 1789.

Mr. BLAND moved to refer it to the Committee of the Whole on the state of the Union. Mr. BOUDINOT.-According to the terms of the Constitution, the business cannot be taken up until a certain number of States have concurred in similar applications; certainly the House is disposed to pay a proper attention to the application of so respectable a State as Virginia, but if it is a business which we cannot interfere with in a Constitutional manner, we had better let it remain on the files of the House until the proper number of applications come forward.

Mr. BLAND thought there could be no impropriety in referring any subject to a committee but surely this deserved the serious and solemn consideration of Congress. He hoped no gentleman would oppose the compliment of referring it to a Committee of the Whole; beside, it would "In making known to you the objections of the peo-be a guide to the deliberations of the committee ple of this Commonwealth to the new plan of Govern- on the subject of amendments, which would shortment, we deem it unnecessary to enter into a particu- ly come before the House. lar detail of its defects, which they consider as involving all the great and unalienable rights of freemen. For their sense on this subject, we beg leave to refer you to the proceedings of their late Convention, and the sense of the House of Delegates, as expressed in their resolutions of the thirtieth day of October, one thousand seven hundred and eighty-eight.

"We think proper, however, to declare, that, in our opinion, as those objections were not founded in speculative theory, but deduced from principles which have been established by the melancholy example of other nations in different ages, so they will never be removed, until the cause itself shall cease to exist. The sooner, therefore, the public apprehensions are quieted, and the Government is possessed of the confidence of the people, the more salutary will be its operations, and the longer its duration.

"The cause of amendments we consider as a common cause; and, since concessions have been made from political motives, which, we conceive, may endanger the Republic, we trust that a commendable zeal will be shown for obtaining those provisions, which experience has taught us are necessary to secure from danger the unalienable rights of human nature.

"The anxiety with which our countrymen press for the accomplishment of this important end, will ill admit of delay. The slow forms of Congressional discussion and recommendation, if, indeed, they should ever agree to any change, would, we fear, be less certain of success. Happily for their wishes, the Constitution hath presented an alternative, by admitting the submission to a convention of the States. To this, therefore, we resort as the source from whence they are to derive relief from their present apprehensions.

"We do, therefore, in behalf of our constituents, in the most earnest and solemn manner, make this application to Congress, that a convention be immediately called, of deputies from the several States, with full power to take into their consideration the defects of this Constitution that have been suggested by the State Conventions, and report such amendments thereto as they shall find best suited to promote our common interests, and secure to ourselves and our latest posterity the great and unalienable rights of mankind.

"JOHN JONES, Speaker Senate. "THOMAS MATHEWS, Speaker Ho. Del." After the reading of this application,

Mr. MADISON said, he had no doubt but the House was inclined to treat the present application with respect, but he doubted the propriety of committing it, because it would seem to imply that the House had a right to deliberate upon the subject. This, he believed, was not the case until two-thirds of the State Legislatures concurred in such application, and then it is out of the power of Congress to decline complying, the words of the Constitution being express and positive relative to the agency Congress may have in case of "The Congress, applications of this nature. wherever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution; or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments." From hence it must appear, that Congress have no deliberative power on this occasion. The most respectful and Constitutional mode of performing our duty will be, to let it be entered on the minutes, and remain upon the files of the House until similar applications come to hand from two-thirds

of the States.

Mr. BOUDINOT hoped the gentleman who desired the commitment of the application would not suppose him wanting in respect to the State of Virginia. He entertained the most profound respect for her-but it was on a principle of respect to order and propriety that he opposed the commitment; enough had been said to convince gentlemen that it was improper to commit-for what purpose can it be done? What can the committee report? The application is to call a new convention. Now, in this case, there is nothing left for us to do, but to call one when twothirds of the State Legislatures apply for that purpose. He hoped the gentleman would withdraw his motion for commitment.

Mr. BLAND. The application now before the committee contains a number of reasons why it is necessary to call a convention. By the fifth article of the Constitution, Congress are obliged to order this convention when two-thirds of the Legislatures apply for it; but how can these rea

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sons be properly weighed, unless it be done in committee? Therefore, I hope the House will agree to refer it.

Mr. HUNTINGTON thought it proper to let the application remain on the table, it can be called up with others when enough are presented to make two-thirds of the whole States. There would be an evident impropriety in committing, because it would argue a right in the House to deliberate, and, consequently, a power to procrastinate the measure applied for.

Mr. TUCKER thought it not right to disregard the application of any State, and inferred that the House had a right to consider every application that was made; if two-thirds had not applied, the subject might be taken into consideration, but if two-thirds had applied, it precluded deliberation on the part of the House. He hoped the present application would be properly noticed.

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nations not in alliance. As these form the principal part of the foreign navigation, the duty will be adequate to the end proposed. I take it, the idea of revenue from this source is not much relied upon by the House; and surely twenty cents is enough to answer all the purposes of erecting and supporting the necessary light-houses. On a calculation of what will be paid in Georgia, I find a sufficiency for these purposes; and I make no doubt but enough will be collected in every State from this duty. The tonnage employed in Georgia is about twenty thousand tons, fourteen thousand tons are foreign; the duty on this quantity will amount to £466 13s. 4d. Georgia currency. I do not take in the six cents upon American vessels, yet this sum appears to be as much as can possibly be wanted for the purpose of improving our navigation.

When we begin a new system, we ought to act with moderation; the necessity and propriety of every measure ought to appear evident to our constituents, to prevent clamor and complaint. I need not insist upon the truth of this observation by offering arguments in its support. Gentlemen see we are scarcely warm in our seats, before applications are made for amendments to the Constitution; the people are afraid that Congress will exercise their power to oppress them. If we shackle the commerce of America by heavy im

Mr. GERRY.-The gentleman from Virginia (Mr. MADISON) told us yesterday, that he meant to move the consideration of amendments on the fourth Monday of this month; he did not make such motion then, and may be prevented by accident, or some other cause, from carrying his intention into execution when the time he mentioned shall arrive. I think the subject, however, is introduced to the House, and, perhaps, it may consist with order to let the present application lie on the table until the business is taken up gen-position, we shall rivet them in their distrust. erally.

Mr. PAGE thought it the best way to enter the application at large upon the Journals, and do the same by all that came in, until sufficient were made to obtain their object, and let the original be deposited in the archives of Congress. He deemed this the proper mode of disposing of it, and what is in itself proper can never be construed into disrespect.

Mr. BLAND acquiesced in this disposal of the application. Whereupon, it was ordered to be entered at length on the Journals, and the original to be placed on the files of Congress.

DUTIES ON TONNAGE.

The House then resumed the consideration of the Report of the Committee of the Whole on the state of the Union, in relation to the duty on tonnage.

Mr. JACKSON (from Georgia) moved to lower the tonnage duty from thirty cents, as it stood in the report of the committee, on ships of nations in alliance, and to insert twenty cents, with a view of reducing the tonnage on the vessels of Powers not in alliance. In laying a higher duty on foreign tonnage than on our own, I presume, said he, the Legislature have three things in contemplation: first, The encouragement of American shipping; secondly, Raising a revenue; and, thirdly, The support of light-houses and beacons for the purposes of navigation. Now, for the first object, namely, the encouragement of American shipping, I judge twenty cents will be sufficient, the duty on our own being only six cents; but if twenty cents are laid in this case, I conclude that a higher rate will be imposed upon the vessels of

The question before the committee appears to me to be, whether we shall draw in, by tender means, the States that are now out of the Union, or deter them from joining us, by holding out the iron hand of tyranny and oppression. I am for the former, as the most likely way of perpetuating the Federal Government. North Carolina will be materially affected by a high tonnage; her vessels in the lumber trade will be considerably injured by the regulation; she will discover this, and examine the advantages and disadvantages of entering into the Union. If the disadvantages preponderate, it may be the cause of her throwing herself into the arms of Britain; her peculiar situation will enable her to injure the trade of both South Carolina and Georgia. The disadvantages of a high tonnage duty on foreign vessels are not so sensibly felt by the northern States; they have nearly vessels enough of their own to carry on all their trade, consequently, the loss sustained by them will be but small; but the southern States employ mostly foreign shipping, and unless their produce is carried by them to market it will perish. At this moment there are not only rice and lumber, but five thousand hogsheads of tobacco lying in the warehouses for want of shipping. Gentlemen may talk of raising a maritime force, and increasing the number of our commercial vessels; but what is to be done in the mean time with the products of agriculture? They must be laid up to rot in warehouses; they must wait till a future day before they can be disposed of; the poor planters are to suffer this inconvenience for a few years, to increase the building of ships. Persecuted as these men are by British tyrants, in the shape of creditors, we are about to impel them to certain

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Duties on Tonnage.

[MAY, 1789.

other is attentive to agriculture; so far are they therefore, from being rivals, that, both in a natural and political sense, they mutually are necessary and beneficial to each other's interests. I wish gentlemen, before they insist upon this jealousy, would point out the causes of its existence. So far from this being the case, I believe the individual interest of each part is compatible with the general interest; and that the public opinion is the same, is clearly demonstrated by the attachment professed by every part to remain in union-it is acknowledged that on this principle our existence as a nation depends.

destruction. Every artifice was used, every net was spread, to involve them in this dilemma. Courted by luxury, which exposed all its charms to impassion their souls, and prompted on by the flattering terms of obtaining a gratification of their wishes by a long credit, these men have put themselves into the power of commercial harpies. At length, roused from their lethargy, they have made exertions to disentangle themselves. The sale of their produce has hitherto enabled them to avoid the most dreadful evils; but take this out of their power, and there remains nothing to save them from the loathsome dungeon, and their families from perishing for want of the common This being the case, I do not listen with any necessaries of life. Then may the people of the great degree of concern to arguments founded of State of Georgia have reason to repent the prompt that cause. So far from surveying the affluence and decided part they have taken in this second or ease of my Southern brethren with the jaunrevolution. Disappointed in that relief which diced eye of jealousy, I contemplate their pros they expected from a general and efficient Gov-perity with ineffable satisfaction. I look with an ernment, they will only have to seek obscurity equal eye upon the success of every State through and a wretched existence in some remote corner the whole extent of United America. I wish of the land, despairing of ever obtaining hereafter their interests to be equally consulted; and, if I the wonted comforts and enjoyments of life. may judge of the feelings of the people, by those I shall just mention to the House one observa- of their representatives on this floor, I may vention more, to show that the produce of the South-ture to say, there was never less reason to appreern States cannot bear a high tonnage duty. The value of rice, tobacco, and indigo, has fallen so much in foreign markets, that they are no longer worth the exportation. The merchants complain that they lose by those remittances; and they have now got into the practice of sending off specie; forty thousand dollars have been sent in one vessel. This is a daily practice, and we shall shortly have no specie left to pay our debts. The difficulty will be increased, as no money will remain to pay for the duties imposed on the articles imported. I hope the Government will not insist upon our walking before we are able to creep, or compel us to make bricks without straw. These are my sentiments on the present question; if they have weight, the House will agree with me in reducing the duty; but if the House persist in continuing the high rates agreed to in committee, I shall content myself with having done my duty by warning them of the danger.

hend discord or envy than at this time. I believe the fact is so, because I feel it. I appeal with confidence to the gentlemen round me, whether they have not found the disposition of those who were suspected most to favor navigation, ready to concede what was asked for the encouragement of every other interest? Whether a like conciliatory conduct has not been observed by the advocates of manufactures? I ask gentlemen whether the language they have heard from the several parts of this House has not been much more congenial to their sentiments than they expected, and the measures pursued more coincident to their feelings than what they looked for? I believe, at the moment I am making this observation, the breasts of gentlemen beat in concert with it. I am sure my feelings accord most cordially in the sentiment.

I believe the encouragement of our navigation is looked upon to be indispensably necessary; its Mr. AMES.-I hope the reduction moved for by importance has never been denied. Now, I ask the gentleman who has just sat down will not be if gentlemen are inclined to support and extend agreed to; for I trust the House is not satisfied our navigation, whether they are not willing to with the reasons offered in its support. A great proportion the means to the end, and adopt meas deal has been now said respecting the jealousy ures tending to increase the quantity of American entertained of the advantages given by this prefer- shipping? It has been often justly remarked, that ence to some States; a great deal was also said the Constitution under which we deliberate origibefore the committee adopted the measure. I donated in commercial necessity. The mercantile not think this doctrine of jealousy is natural to us. I know it has been cultivated by the British, and disseminated through the United States; they had their particular views in exciting such ideas; but I do not believe that because we have various we have opposite interests. Upon examination there will be found but few of our interests that clash with each other so much as to admit a well grounded jealousy. Nature has so arranged our circumstances, that the people of the several States pursue various employments which support each other. If one end of the continent is employed in manufactures and commerce, the

part of our fellow-citizens, who are the firm friends to an equal and energetic Government, hope the improvement of our navigation may obtain the attention of Congress; it is but justice that it be early attended to, and it will give general satisfaction to find it considered as an important object by the General Government. The most liberal of the friends of American commerce only wish for such regulations as may put our navigation on a footing with foreigners. If other nations have restricted our navigation by regulations or charges, we must restrict them by la tonnage, or some other duty, so as to restore an

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equality; but this will not be found to be the case in the present instance. The moderate and inconsiderable duty of thirty cents on foreigners in treaty, and fifty cents on others not in treaty, will not enable our vessels to go abroad with as much advantage as foreigners can come here; so that the proposed encouragement may perhaps fall short of procuring us a maritime strength equal to our national security.

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in foreign bottoms, but this is only a proof that the evil requires a remedy. I might here easily draw a picture of the distress to which the eastern country is subjected for want of a protecting hand; her shipwrights are glad to work for two shillings and sixpence a day, or less, and less will not maintain them and their families. Their lumber is of no value, it lies rotting in the forests, for want of encouragement to frame it into ships; the other artisans are clamorous for employment, and without a speedy relief they will have to desert the country. I believe if this relief is extended to them, it will give a spring to their industry, and a little time will render them serviceable to their fellow-citizens in the South. They will find markets for their tobacco which is now rotting, and their valuable productions will be transported to all parts of the globe. From these circumstances, I am led to beg gentlemen to consider, that the improvement and extension of our navigation is one of the most important objects that can come before the Legislature; that there are abundant proofs that a regulation in favor of American shipping is absolutely necessary to restore them to an equality with foreigners; and if they are convinced with me of its importance and necessity, they will not think the sums agreed to in committee too high for the purpose of protecting the navigation of the United States.

The gentleman from Georgia (Mr. JACKSON) says, that five thousand hogsheads of tobacco are now rotting in the warehouses for want of ships to carry them to market. If this is the case, it proves we have depended long enough upon foreigners to supply us with the means of transportation; let us now make some provision that will prevent the like taking place again. If proper encouragement is now given, we may perhaps in a short time have enough of shipping to supply all the States. If the productions of another year must lie in the planters' hands, they will feel a greater loss and inconvenience than the payment of half a dollar additional freight per ton, if it was certain that they would be subjected to such a burden:-judge from this circumstance whether there is a competition of interests in the United States. Does not the contrary appear to be the fact? Gentlemen will please to consider how unfavorable it is to commerce, to have the success of their business depend upon the caprice Mr. JACKSON. I said, Mr. Speaker, that there or mercy of any foreign nation. If your produce was a considerable quantity of tobacco lying in is to lie till they come to carry it away, you can- our warehouses, for want of vessels to carry it off. not be said to have the command of your prop- The gentleman from Massachusetts (Mr. AMES) erty, or possess those advantages which the bounty says, that if this is the case, it is time to take the of nature has given you. How much better is it staff into our own hands, and encourage the to go with vessels of our own in search of a mar- growth of American vessels. Yes, sir, but let us ket, than to wait for others to take our produce see the American ships, and then I will consent away until it perishes on our hands? Let me ask not only to fifty cents per ton, but to a total progentlemen if they think the produce of Massa-hibition of foreigners. But I say again, do not chusetts would be sold if we were unable to seek a market for ourselves? Would foreigners come to New England in search of our whale oil and fish? No, foreigners are hostile to our fisheries; so far from encouraging us, by buying what we have for sale, they wish and labor to destroy our trade; their attempts are defeated by our ability to go abroad and seek a market for ourselves. This demonstrates clearly that, in order to extend the sale of our productions, we must have vessels of our own to find out a market, and be guided by actual experience to that which is best.

The observations of gentlemen tending to show that one end of the continent will suffer more by the regulation contemplated by the House than the other, are, I conceive, not well founded. The price of freight will equalize itself. If the people of Carolina or Georgia pay a high freight in consequence of the tonnage duty, the State of Massachusetts must pay the same, or her vessels will go to the southward in search of freight, so that the Eastern States have no peculiar interest in the measure. It has been suggested, that because Massachusetts has foreign vessels in her employ, she cannot transport produce for others-Massachusetts, by reason of that influence which Britain has, is obliged to receive some of her supplies

compel us to make bricks without straw, nor oblige us to carry off our produce without shipping; if Massachusetts has not shipping enough for her own use, she can furnish none for the use of others.

Mr. AMES was obliged to the gentleman for his offer to exclude foreigners, but he did not wish to go so far. He had hopes that a shorter period than gentlemen seemed to contemplate, would be sufficient to improve the navigation of the United States, and expected every State as well as Massachusetts would be able to transport a great part of its own productions.

Mr. BURKE.-Something has been said relative to a jealousy subsisting in the Southern States respecting the navigation interest; I shall, therefore, make an observation or two on that subject. So far as my own knowledge of that country goes, I believe the citizens look with indignation at the power which foreigners have over their commerce. So far from being jealous of the Eastern States, they look forward to some future day when their navigation will be secured to that part of the Union. They know that it possesses superior maritime advantages, and expect they will hereafter afford security to them. They know, that from the spirit and industry of the

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