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H. OF R.]

Tonnage Bill.

[JOLY, 1789.

If we cannot do all the good we wish, let us do mous, and the majority here is but small; but, let all we can; and while we remember the present me ask gentlemen, what is it that produces upadi state of our commerce, we shall hardly be satisfied mity there, or has diminished the majority of this in our own minds with the loss of such an impor- branch? It is not that either are averse to take tant bill. I have still the same opinion with re- measures for the vindication and support of our spect to the discrimination, but I am willing to national interest. The Senate proceeds on the forego it, rather than lose the whole.

idea that the measures ought to be more effective, Mr. Jackson was willing to go as far as any and gentlemen here are afraid of losing all in engentleman to obtain what appeared to be for the deavoring to attain all. But if in this struggle the public good; actuated by this principle, he had bill should fall, and the Senate does not adopt given up his private opinion on the subject of what is for the common good, they will be an. tonnage, to what appeared to him to be the sense swerable for the consequences. of the Union. He was well satisfied that the dis- Mr. SHERMAN.-Every gentlemen looks upon crimination between foreign and domestic ship- this bill as important to the commerce of the ping would bear hard on the State from which he United States. "Now, if it fails, I take it to be a came, but he submitted to it. After having sac- clear point, that we cannot resume the subject rificed so much, he would not attempt to defeat during the present session. I submit it, therefore, the bill by standing out for a trifling discrimina- to their prudence, whether they ought to agree tion between foreigners.

with the Senate or not. He rose only to make this observation, and Mr. LAWRENCE requested gentlemen to think hoped other gentlemen would give up their pri- what an actual loss the revenues would sustain, vate sentiments, when the good of their country besides the disadvantage to our commerce. He required it.

said it had been stated, in the course of the deMr. Gerry informed the House, that the Se- bate, that the shipping employed by the United nate had appointed a committee to prepare a plan States exceeds 600,000 tons, of which two-thirds for accomplishing the end proposed to be attained are foreign; a duty of fifty cents would bring in a by the contested clause; he therefore hoped the large sum. But admitting, as perhaps was near House would accede.

the fact that something more than one-third is Mr. Vining said, the clause had been carried foreign, it must bring in $124,000. Nor is this all through the House by a larger majority than there that is to be considered; it will operate as a bounwas in the Senate; but he owned the majority ty to that amount, in favor of foreigners, if the had diminished. But then the question did not bill be not passed. turn upon the policy of the measure; it was bare- Mr. Page would rather lose any bill, than have ly whether the bill should be lost or not; yet, the doctrine established that this House must subeven on this question, there was a majority whó mit to the Senate; yet, if it was done in this inwould prefer losing the bill, rather

than give up stance, it would serve as a precedent in future dethe principle.

cisions. The danger of losing the bill is an imHe did not understand what gentlemen meant proper argument; it goes to destroy the balance by the term accommodation, as applied in this in- of the Constitution, and might be urged on every stance. Was there any thing like accommodation occasion when the policy of the measure is unon the part of the Senate ? No, they insist per- questionable. This was not his way of forming emptorily upon their amendment; they have decision; if the principles of a bill were just and taken no middle ground on which we could meet politic, he would adhere to them at all events. them; we must either give up the principle of But his principal reason for troubling the House, policy, or lose the bill. They have not even in- was to observe that the bill is not in so much danformed the House that they meant to insist upon ger as is apprehended, because, conformably with the principle, by applying for a joint committee, the rules of Parliamentary proceedings, a bill is to frame a bill

, for carrying it into effect, which not lost till after a second adherence; but if he they might have done with propriety, as the sub- was mistaken, he thought the House had better ject has been so long before both Houses. Per-continue their former decision. haps it may be a question whether they have au- Mr. Gerry observed, that it would be useless thority to originate a bill of this kind; it is a mat- to originate another bill if this clause was insertter of revenue; and, as such, must be exclusively ed in it; but if it were to be left out, the House brought forward by the House of Representatives. might as well save time, and pass it now without

He wished to accommodate the business, but it it. must be on other ground than giving up or abandoning the principle.

The question being called for, and the yeas and Mr. Madison.-Those who suppose that the

nays demanded, they were taken as follows: loss of the present bill will be irreparable

, may do Cadwalader, Fitzsimons, Gerry, Gilman, Goodhue, Ha

YEAS–Messrs. Ames, Baldwin, Benson, Burke, right to agree with the proposition of the Senate; thorn, Huntington, Jackson, Lawrence, Lee, Liverbut it does not appear to me in this light. I be

more, Matthews, Moore, Partridge, Sedgwick, Sherlieve a bill might be substituted, within a conve

man, Sinnickson, Smith, (of Maryland,) Smith, (of nient time, for securing the advantages to our own South Carolina,) Stone, Sylvester, Thatcher, Trumbull

, vessels, in as full a manner as is done by the Tucker, Wadsworth, White, and Wynkoop—31. present, about which neither House would differ.

Nars-Messrs. Boudinot, Brown, Carroll, Clymer, It is said, that the Senate are nearly unani- | Coles, Contee, Griffin, Grout, Hartley, Madison, Muh

JULY, 1789.]

Collection of Duties.

[H. OF R.

currence.

lenburg, Page, Parker, Van Rensselaer, Scott, Seney, determining the western boundary of the State Sturgis, Sumter, and Vining—19.

of New York, and to ascertain the quantity of So the question was determined in the affirma- land lying west of the said boundary, and included tive.

between the northern boundary of the State of Mr. Gerry reported a bill for the establishment Pennsylvania and Lake Erie. and support of light-houses, beacons, and buoys,

Ordered to be referred to Messrs. Page, Scott, and for authorizing the several States to provide and Baldwin. and regulate pilots; which was read the first

On motion, time, and then the House adjourned.

Resolved, That there be prefixed to the publica

tion of the acts of the present session of Congress THURSDAY, July 2.

a correct copy of the Constitution of GovernThe engrossed bill establishing the Treasury ment for the United States. Department was read the third time, passed, and

This resolution was sent to the Senate for consent to the Senate for concurrence. The bill for the establishment and support of

COLLECTION OF DUTIES. light-houses, beacons, and buoys, and for authorizing the several States to provide and regulate

The House then went into committee on the pilots, was read the second time, and committed Collection bill. to a Committee of the Whole.

Mr. CARROLL stated to the committee that the COLLECTION OF DUTIES.

gentlemen from Maryland had met, and endeavor

ed to accommodate the peculiar situation of that The House then resolved itself into a Com- State to the principles of the bill, but he was sorry mittee of the Whole on the new bill to regulate that they could not do it in a satisfactory manner. the collection of duties imposed on goods, wares, He reminded them how much the collection deand merchandises imported into the United States, pended on the good will of the merchant, and Mr. TRUMBull in the Chair. After some time what care ought to be taken to avoid oppressing spent thereon, the committee rose, and asked and one part of the Union more than another. There obtained leave to sit again.

was a leading principle that ought to be established

in order to give satisfaction, and that was, to make FRIDAY, July 3.

the regulations general; then no part could com

plain : but if the ports were variously restricted, COLLECTION OF DUTIES.

it might tend to create some degree of acrimony The House again went into a committee on towards the Government, among that class of the new Collection bill, Mr. Trumbull in the citizens who had warmly patronised it, and upon Chair.

whom much depended for furnishing it with reveA motion was made to strike out the clause nue. He mentioned these general ideas to the which restricts foreign ships to particular enume- committee, and hoped they would be carried rated ports, which occasioned some debate, the along, and have their weight in every future substance of which will be found in the former regulation. discussion on this subject.

The motion was Mr. FitzsimOns was well satisfied that the subfinally withdrawn.

ject was difficult; the House had found it so, for Mr. Gerry then moved that the names of the they had labored the point for some weeks withparticular ports which were the object of the out success. He hoped every gentleman was disabove motion should be struck out, and the follow- posed to concede something, in order to bring the ing words substituted: “Nor shall any foreign business to an end. He acknowledged the pecuvessel enter or unlade but at those ports to which liar situation of the navigation of the Chesapeake a collector, naval officer, and surveyor, have been and its numerous waters; but he begged gentleappointed." This proposition was also negatived. men would not insist upon any extraordinary pri

The committee then proceeded to add several vileges on that account, if they could avoid it, ports to the list, at which foreign vessels might because it would tend to retard the great work enter, and to make other amendments to the bill. they had in hand; besides, as there was a likeliAfter which they rose, reported progress, and ob hood of getting considerable revenue om that tained leave to sit again.

quarter, they ought to submit to more restraints

to secure it, than those ports at which little or no MONDAY, July 6.

business is done. The SPEAKER laid before the House a letter Several gentlemen contended that a spirit of from his excellency Beverly Randolph, Governor mutual forbearance and conciliation was indispenof Virginia, enclosing an account of the exports sably necessary; that concessions and sacrifices and imports of that State for the preceding year, must be made to secure the great object in conwhich was referred to the commitiee appointed to templation; and that every indulgence not incomprepare estimates, &c.

patible therewith, would certainly be extended. Mr. Page laid before the House the petition of The committee then proceeded to the consideraAndrew Ellicott, praying that money may be ad- tion of other clauses, and after some time spent vanced for defraying his expenses, and to enable therein, they rose and reported. him to execute an act of the late Congress, for Adjourned.

H. OF R.]

Collection of Duties— Western Lands.

[JULY, 1789

Tuesday, July 7.

Monday, July 13. A message from the Senate informed the

WESTERN LANDS. House, that they had concurred in the resolution for prefixing to the acts of the present Congress a

The House resolved itself into a Committee of correct copy of the Constitution, and had appoint- the Whole on the state of the Union, Mr. BOUDed a committee to act jointly with a committee not in the Chair. of this House to examine enrolled bills.

Mr. Scott requested that the report of the

committee on the Western territory might be COLLECTION OF DUTIES.

read, which was read accordingly, as follows: The House again resolved itself into a Com- Resolved, That it is the opinion of this committee, mittee of the Whole on the new Collection bill. that an act of Congress should pass for establishing a Mr. TRUMBULL in the Chair. After some time Land Office, and to regulate the terms of granting spent therein, the committee reported progress, vacant and unappropriated lands in the Wester and obtained leave to sit again.

territory.

Mr. Scott.—In endeavoring, sir, to open the WEDNESDAY, July 8.

interesting subject now before you, I shall avoid

the repetition of those ideas which I threw out on Mr. Page, from the committee to whom the pe- a former occasion, as far as my memory will serve tition of Andrew Ellicott was referred, made a me, and the nature of the subject will permit. report, which was ordered to lie on the table.

This subject, sir, will appear of great magniCOLLECTION OF DUTIES.

tude in point of interest, if we consider the extent The House again went into a Committee of the of the territory; I think I shall not be far beyond Whole on the new Collection bill. Mr. TRUMBULL the mark, if I say it is one thousand miles long in the Chair, and made further

by five hundred broad; nor if I say it is sufficient

progress therein; but, not having got through the same, had leave to contain two millions of farms; nevertheless, for to sit again.

greater caution, say it will contain one million, (which is notoriously and greatly within the real

contents,) and that each of these farms may be Thursday, July 9.

peopled by six souls, they will amount to six Mr. Gerry, from the committee appointed to millions of inhabitants, double the number of the prepare and report an estimate of the supplies re- present inhabitants of the United States. From quisite for the present year, and of the net produce this view, it is an object of great concern. It will of the impost, as agreed to by the House, made a appear also an object of concern, if we contemreport, which was ordered to lie on the table, and plate the climate, the soil

, and the waters of that be printed.

country; consider that it lies in the heart of the COLLECTION OF DUTIES.

temperate zone; its soil infinitely more rich and

more fertile than any in the Atlantic States; its The House, in Committee of the Whole, Mr. waters pure and good—in a word, it is such a TRUMBULL in the Chair, again resumed the con- territory as must command inhabitants, and will sideration of the new Collection bill. Not having be peopled. Its situation in the middle of our got through the bill, the committee again rose and continent, gives the climate a salubrity that acreported progress.

commodates it to the emigrant from both North

ern and Southern States. It is meeting them on FRIDAY, July 10.

a middle ground, softening the harsh restrictions

of the rugged North, and breathing bland the COLLECTION OF DUTIES.

zephyr grateful to the sun-scorched South. In The House again went into a Committee of short, it is such as gives to all who have seen it the Whole, Mr. Trumbull in the Chair, on the the utmost satisfaction—it is both healthy and new Collection bill; and after going through the agreeable. same, rose, and reported the bill

, with the pro- If we consider the sources of wealth in that posed amendments, to the House. The House country, we shall at the present moment view resolved to take up and consider the report it as a subject of no inconsiderable magnitude. to-morrow.

From that country has been drawn, and hereafter

may be drawn, considerable quantities of the SATURDAY, July 11.

most valuable exports our country affords; but of

this the gentlemen in trade can give you a better COLLECTION BILL.

account than I shall pretend to do; but I am of The House proceeded to consider the report of opinion the trade, and the furs and peltry it prothe Committee of the Whole on the bill to regu- duces, are of great consequence to our commerce. late the collection of duties imposed on goods, It will appear further, to be a subject worthy wares, and merchandises imported into the United of our consideration, if we attend to the profit States; and the proposed amendments having already derived to the United States from the been read and amended, were agreed to by the sale of the soil, and which may be extended to House.

any degree whatever; this will prove a valuable Ordered, That the bill, as amended, be en- source for relieving the embarrassments to which grossed for a third reading.

the United States are subjected. But a very in

July, 1789.)

Western Lands.

[H. OF R.

considerable part of the soil, and that far from will keep the nation in a perpetual broil with the being the most excellent, has been disposed of, yet savages; therefore, the guidance of the United the sales amount to 4,936,863 dollars; land for States must go with the settlers, in order to proalmost five millions of specie dollars has been cure the observance of such treaties. This is a already sold in that district, a sum amounting to further obligation in point of national honor and near one-fifth-to more than one-sixth—of the good faith, under which we lie with respect to whole domestic debt of America. This treasure, that country. which we possess, has done thus much towards I am likewise of opinion that we shall find it a extinguishing a debt bearing hard upon every subject of considerable magnitude in point of popart of the Union. Have any of the States done licy. I presume the first two points will be readily as much? Have any of them made an exertion given up, because they are incontrovertibly estabequal to this inconsiderable effort? No, they lished by facts; but I feel aware that, the point of have not. Have all the States together done as policy may be contended with me. It may permuch? No, they are incapable of doing what haps be objected that the measure now proposed this wilderness has done.' This consideration will lead or tend to a depopulation of the Atlantic alone renders it an interesting subject, of immense States, and therefore ought not to be adopted. future consequence, and worthy of the immediate This is a circumstance I by no means wish. I attention of Congress.

am as far from desiring a depopulation of the AtWe may consider further, that besides the sales, lantic shores, as I am from fearing it on this we have made satisfactory donations to the offi- ground. I am confident it will not operate in any cers and soldiers of the late army, which may be considerable degree to bring about that event; fairly carried to swell the account; but, after all but if it should be thought it would, that could be this, the parts we have disposed of bear no pro- no solid objection against the measure. Whilst portion to the parts yet remaining, and from the desire of emigration continues, and lands are which money may be drawn. Can we hesitate, to be procured, settlers will find their way into then, to call into operation a fund so immense that territory; nor is it in the power of Congress and important to the immediate interests of the to withhold lands altogether, because they are to United States ?

be got of others on better terms. There is supeIf we place it in another point of view, it will rior encouragement held out to the people settling also appear a subject in which the United States on the other side of the river Mississippi, where are deeply engaged, in point of national honor the soil is fertile and the climate equally agreeaand good faith. The officers and soldiers to whom ble. In proof of this assertion, I will read to the we made those donations, as a part of the price committee the translation of a kind of proclamaof their blood, and a reward for their long enduring tion issued by the Governor of the Spanish posts toils and painful sufferings in the noblest cause, at the Illinois. the freedom of their country, are certainly entitled [This paper contains an invitation to all perto the fatherly assistance of Congress, in point of sons inclined to settle in the western country, protection and government. Can it be thought, offering as inducements lands without charge, exwithout an outrage to humanity, that Congress emptions from taxes, protection in civil and reliintended to send them into the wilderness as out-gious liberties, besides provision and the implecasts from society-that the hand of Government ments of husbandry.] should not be extended to them to protect them After this Mr. S. proceeded: Now, sir, if Conin their lives and property—that our gift was gress fear to sell their lands lest it tend to depopan abandonment, was an allurement to draw them ulate the Atlantic States, what must they apprewithout shelter, and leave them devoid of those hend from propositions like these? They will blessings which their successful efforts have certainly have all the effect which encouragement secured to us? My spirit rises indignant at the from this quarter can have. It may be said that unjust suspicion.

Americans will not venture to live under the But these are not the only circumstances in Spanish Government, or settle a Spanish colony. which the honor of Congress is engaged to extend To this it may be replied, that when people, from its fostering care into that country. It is expressly their necessities or inclinations, are determined to stipulated by Congress, with the State of Vir- emigrate, in order to mitigate their distresses, ginia, that the French and Canadians, and other they think little of the form of government; all ancient settlers within her cession, should be pro- they care for is relief from their present or aptected and governed by Congress. These were, proaching wants and troubles. among other terms, agreed to by Congress, when Nobody will emigrate from the Atlantic States the conveyance of that territory was made; and but a certain description of men, and they will Congress, by that act, plighted the good faith of go whether you hold out this encouragement to the Union for the faithful performance thereof. them or not; they will pay little regard to ConPeople have gone upon those lands; they have gressional restrictions. And here let me make been regularly purchased, and are paid for; they one remark, drawn from my own observation. are consequently entitled to look to us for pro- The forming settlements in a wilderness upon the tection in their property.

frontiers, between the savages and the least popuA due observance of the treaties heretofore en-lated of the civilized parts of the United States, tered into with Indian tribes must be enforced; requires men of enterprising, violent, nay, disconif the country is settled by a lawless banditti, they I tented and turbulent spirits. Such always are

H. OF R.)

Western Lands.

[JULY, 1789.

our first settlers in the ruthless and savage wild; the present hour; nor doubt but it will continue they serve as pioneers to clear the way for the to pursue that course as long as there are lands to more laborious and careful farmer. These char- be inhabited. acters are already in that country by thousands, Those people, Mr. Chairman, who are there, and their number is daily increasing, and will con- growing up, must be provided with a government tinue to increase; for congenial spirits will assim- in that country. Perhaps to this it may be objectilate maugre all our endeavors to the contrary. ed that they will not long continue in union with But how will you prevent them? I should be us. Perhaps arguments may be brought from the glad to see a plan for hemming in the emigration other side of the Atlantic, and we may be told to that territory; I think the thing wholly im- with confidence that an extension of territory is practicable, therefore it becomes the immediate infallibly the ruin of kingdoms. For examples interest of Congress to direct the emigration to in support of this opinion we may be carried as a proper point; direct it to their own territory, far back as the eleventh epocha of the Romans, rather than bé inactive spectators of its silent, and there we may learn from judicious writers though rapid course to the Spanish and British that the weight of the distant provinces brought dependencies; rather sell your lands and get about the fall of that empire. Now, if I could something for them, than let your citizens leave grant this to be a fact, which I cannot, for I rather your dominions.

improving a part you add attribute that event to the pernicious privileges to the value of the remainder; their population granted, and the immense sums thrown away on will produce a hardy race of husbandmen and the capital of Constantinople, while the preservawarriors, always at the command of the United tion of the ancient city was so difficult, and the States, tu support and defend your liberty and division of the empire among the children and property: These being facts, I leave it to the wis- nephews of Constantine ; but if it could be attridom of the House to draw the inference.

buted to the extent of her territory, the compariI will make one further remark, with respect son does not hold. The foundation of the Roman to the encouragement or discouragement of emi-empire was laid upon fraud, rapine, and murder; gration. Suppose it was in the power of Con- they conquered, and their footsteps were marked gress to stop the course of the impetuous current, with the blood of men more civilized than themwhich has already won its way through insupe-selves; or they, with their wives and daughters, rable obstructions, and spread itself over the fer- were carried captives and sold at the shambles of tile lands of the Ohio. I ask, with perfect security, Rome; their territory was laid waste, and coloif it is not such an act of contumacy, and incon- nies of children, purchased of their parents, were sistency with the fundamental principles of the founded upon their ruin. Was it to be supposed Government, that Congress could not adopt it ? that men would bear this savage barbarity longer Consider that many of your citizens are destitute than the arm of victory was pressing on them? of the comforts, nay, the common necessaries of Is this the manner in which we propose to settle life, without a prospect of providing for the sub- the western country? The comparison is too sistence of themselves and families: I ask, would odious to be insisted upon. Congress prevent the emigration of such persons There is a striking difference between the Govif they could ? I think not; they would not act ernment of the United States, and that of the as kind protecting fathers to their people if they Roman provinces. The citizens of the first are did. I presume this would be too serious an ob- bound together in the bonds of equal liberty, and jection for any man to face, with a restraining every State possesses within itself independent proposition. I question if any man would be powers necessary to its support. The wretched hardy enough to point out a class of citizens by inhabitants of the Roman provinces were the name that ought to be the servants of the com- abject slaves of their lordly masters, who seldom munity; yet, unless that is done, to what class of behaved with moderation ; their history is nothing the people could you direct such a law? But if but a series of injustice more or less disguised. you passed such an act, it would be tantamount Another instance may, perhaps, be drawn from to saying that there is some class which must re- the separation of this continent from Great Britmain here, and by law must be obliged to serve ain. Here I would make two remarks: the first the others for such wages as they please to give. is, that the Atlantic ocean, of three thousand

This being the case, let us make the best of miles extent, formed such a natural boundary as liberty, our people, and our land. Your citizens, to be a reason for separation when we should be I tell you, are already there by thousands; they prepared for it: the second is, that even this are going by thousands more, and are every hour natural boundary did not furnish the reason for growing up into consequence. They never ex- our independence. We were driven into that pect to return into the Atlantic States; plant them measure by necessity: our separation was brought in your soil, add this wealth of population to your about by the impolicy and oppressions of Great own, and form an empire illustrious as it is ex- Britain. She wished to deprive us of the fruits tended. Remember, ye sages of my country, an of our industry, by establishing the doctrine of historic truth recorded for your instruction, that the omnipotence of Parliament, and wanted to empire has been slowly but invariably moving attach us to them as provinces of slaves. I will from east to west; emigration has uniformly re- not say, that if a like conduct were to take place ceded in that direction, from the time that our on our part, with respect to the Western country, common parents quitted the garden of Eden till similar effects might ensue; but this can hardly

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