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H. of R.]

Secretary of the Treasury's Report.

prive the Commonwealth of a great part of her credit and capital: on the other hand, if speculation is carried on to such a degree, as to divert the funds of productive labor into the pursuit of visionary objects, or destroys them, the community clearly loses the use of so much of its capital, which is a considerable evil. He agreed with gentlemen, that the spirit of speculation had now risen to an alarming height; but the only way to prevent its future effect, is to give the public funds a degree of stability as soon as possible.

He agreed that it was a desirable thing, that every part of the Continent should be represented; but he did not think that the absence of North Carolina would warrant them to induce an accession of expense upon Massachusetts and all the other States. He did not, however, wish, or expect, that the decision would take place on Monday week; but he expected the members of the House would gain more understanding and information on the subject, from a conversation and exchange of sentiments on this floor, in a day, than they would by a month's study in their chambers.

Mr. PAGE wished to go into a Committee of the Whole upon the subject, pursuant to the order of the day, nor did he think it would be hurrying on the business improperly, because the report was so voluminous as to require a considerable length of time for consideration; and this might be commenced to-day, without a decision for some time after. He conceived the time of this day would be well spent in reading it; but if gentlemen were unprepared to enter upon it, he should not oppose a small delay; but to put it off till either March or May, would be highly improper; such a proceeding would give a fatal stab to our reviving credit. As to preventing the evils arising from speculation, that he believed was impossible, while mankind are at liberty to dispose of or acquire property. Nor did he think it could have been prevented by observing that secresy which the gentleman from Georgia seems to approve; on the other hand, it might have given rise to a more extended and pernicious scheme of speculation; he hoped to see all the councils of this country conducted on open, undisguised, and liberal principles. He thought there was no room for the charge of surprise, because the House had manifested a disposition to exert itself in support of public credit at their last session; this had been noticed in the President's Speech, and in the Address of the House; and he conceived a long delay would imply that degree of neglect of their promise, which would give a deadly wound to future confidence.

[JANUARY, 1790.

fore the subject is well understood, a great deal of time would be unnecessarily expended; he was therefore in favor of allowing a reasonable time for consideration, which he supposed to be about four or five weeks.

Mr. PAGE hoped, if the subject was postponed till a distant day, that the House would immediately adjourn to the same; for if the pretence of postponement, namely, to learn the sentiments of their fellow-citizens, was well-founded, it was their duty to go home and learn them.

Mr. SENEY said, that it was not his motive for postponing.

Mr. PAGE said, perhaps it was not; but it was an argument held out by other gentlemen, and if it was of any weight, the House ought to adjourn until they could know the voice of the Continent. If the motion to a distant day prevail, he would move an adjournment for the same period; and this would be a more becoming measure than to continue sitting here, spending the public money, when they had little or nothing of importance to do; for almost all the business now before them derived its importance from the connexion it had with the public faith and honor.

Mr. SENEY. If Congress had no other business. or that business was unimportant, I should not be unwilling to join in the adjournment, mentioned by the gentleman from Virginia; but as Congress has other important business before them, our time, I presume, can be well employed in completing it in the interval, which I wish to be allowed for considering this.

I believe that the resolution entered into by the House at their last session has been mistaken by gentlemen, who urge, that we stand pledged to take up this business, and make it the first object of our attention. I conceive, sir, the words of the resolution contain nothing of that import. All that we said was, that we considered an adequate provision for the support of the public credit as a matter of high importance to the nation; and authorized the Secretary to prepare a plan for that purpose. All this has been done; but it does not follow that we are to decide without time for deliberation.

Mr. GERRY said there was sufficient business before the Legislature to employ them, with all their industry, until the time he had mentioned for this business to be postponed. If some gentlemen are so well ascertained of the principles and consequences of the report, as to be able to decide at this time, they ought to extend an indulgence to the members of inferior capacity; for his part he did not yet comprehend the whole subject. He was not afraid of injuring the community by inMr. SENEY said, in his opinion, the subject was creasing the spirit of speculation, if such a spirit too momentous, and of too great a magnitude to did injury at all; because the business was now be hurried through the House; and that a suffi- carried on between speculator and speculator; it cient length of time ought to be allowed for con- was they only who buy and sell certificates at the sidering it in its various parts, in order to form a present day: he believed there were very few injust conclusion on its merits. The members of stances in which an original holder would now be this House may derive information from the dis- inclined to sell; a little delay, therefore, can do no cussion it may receive in the public prints, and injury, but coming to a hasty and sudden conclufrom conversation with their fellow-citizens;sion may entail very considerable inconveniences whereas, if the House enter into a discussion be- on posterity.

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Mr. PAGE called for a division on the question, and the first part, viz: that the House agree to postpone the order of the day, was carried in the affirmative. The first Monday in March was then taken, and the House divided-ayes 14, nays 38.

Mr. LEE then moved Monday fortnight; but this being decided out of order, inasmuch as after a division of the question has been called, and the first part put, it had been the practice of the House to preclude debate or amendment.

The question was then taken, on next Monday week, and carried in the affirmative.

RHODE ISLAND.

[H. or R.

the United States, in order to prevent those frauds which are practised at present, and which tend to depreciate the value of our staple commodities when introduced into other countries. Among the variety of articles which might become objects of such a regulation, there was the article of beef: this had been shipped abroad in some cases, in a state that injured the reputation of the United States. He thought the Government ought to extend its cares to objects of this importance. But it might be a question, whether the Constitu|tion authorized the Government to do so. For his part, he thought the Constitution warranted the exercise of the power, under the clause giving A Message from the President of the United to Congress the general power of regulating commerce with foreign nations, and among the seveStates was received, communicating the act of ral States. If the contrary sentiment prevailed, Rhode Island for calling a convention: also a he supposed it would arise from the exception letter from the Governor of that State to the Pre-made to this power, by implication, in that article sident, praying a further suspension of the impost, which declared that no State shall, without the tonnage, and collection laws. These papers were consent of Congress, lay any impost, or duties on referred to a committee, consisting of Messrs. imports or exports, except what may be absolutely BROWN, BENSON, and COLES. the nett produce of all such duties shall be for the necessary for executing its inspection laws; and use of the Treasury of the United States; and control of Congress. But he did not suppose any all such laws shall be subject to the revision or construction of this article would operate to defeat the measure he had in contemplation, whether another clause, namely, that prohibiting the National Government from laying any tax or duty

Mr. BURKE brought in a bill for securing to authors and proprietors an exclusive right to their respective writings.

Mr. WHITE moved that a committee be appointed to examine into the measures taken by Congress and the State of Virginia, respecting the lands reserved for the use of the officers and soldiers of the said State, on Continental and State establishments, in the cession made by the said State to the United States, of the territory north-on exports, extended so far is also doubtful: but he west of the river Ohio, and to report the same to the House.

Messrs. WHITE, MUHLENBERG, and SENEY, were appointed a committee accordingly.

The House took up Mr. SMITH's motion respecting the unfinished business, and, after some consideration, it was ordered to lie on the table.

FRIDAY, January 29.

The SPEAKER laid before the House a letter from the Treasurer of the United States, enclosing accounts of expenditures and disbursements from the time of his coming into office to the 31st December last, which were read and referred to a Select Committee, consisting of Messrs. SMITH, of South Carolina, MOORE, SMITH, of Maryland, CLYMER, and VAN RENSSELAER.

A message was received from the Senate, informing the House that the Senate had passed a bill for the punishment of certain crimes against the United States, to which they requested the concurrence of the House.

Mr. LIVERMORE moved that a committee be appointed to bring in a bill for the appropriation of such sum or sums of money as may be necessary for the civil list, and the incidental charges of the present year.

The motion was adopted, and Messrs. LIVERMORE, SYLVESTER, and LEE, were appointed.

ON REGULATING EXPORTS. Mr. SEDGWICK wished to call the attention of the House to a plan for regulating the exports of

was of opinion that the business might be accomplished without laying any tax or duty thereon; but the former article seems to point out what was contemplated by the framers of the Constitution. The giving to Congress a controlling that they had a power existing in them for the power, expressly over the State laws, supposes same purpose. However, he would not enter into an investigation of the subject at this time, when his object was merely to bring it forward, in order to lie on the table for deliberation. He thereupon moved the following:

Resolved, That a committee be appointed to bring in a bill or bills to encourage the exports of the United States, and to guard against frauds in the same.

Laid on the table.

Mr. SMITH, of South Carolina, introduced a resolution to this purport, that the Judges of the Supreme Court be directed to report to the House a plan for regulating the Processes in the Federal Courts, and the fees to the Clerks of the same. Laid on the table.

A motion to take up, for the third reading, the bill providing the means of intercourse between the United States and foreign nations, was, after a short discussion, negatived.

MONDAY, February 1.

GEORGE GALE, from Maryland, appeared and took his seat.

The bill for defining and punishing certain crimes against the United States, was read a

H. OF R.]

System of Bankruptcy-Census of the Union.

[FEBRUARY, 1790.

second time, and made the order of the day for tranquillity and domestic happiness unknown for Friday next.

ON SECURING COPY-RIGHTS.

a century before. But, recurring to the obvious difference in the circumstances of the two counThe order of the day being called for, the within that Kingdom, he said, that, in his opintries, with respect to commercial transactions

House went into a Committee of the Whole on

the bill for securing to authors and proprietorsion, we were not at present prepared to go fully the copy-right of their works, Mr. BALDWIN in when there appeared to him to be a greater into the subject, or to adopt similar regulations; backward in voting for the measure. facility in recovering debts, he would not be

the Chair.

The bill was read and considered by paragraphs. The committee then rose and reported the same, with amendments. The motion for recommitment was withdrawn, and the House proceeded to consider the amendments; to all of which they agreed. It was then ordered that the bill be engrossed for a third reading to-morrow.

GRANTS OF LAND TO VIRGINIA.

Mr. WHITE, from the committee appointed to examine into the measures taken by Congress respecting lands granted by the State of Virginia for the troops of that State, brought in a report, which was read.

CESSION OF WESTERN LANDS.

A Message was received from the President of the United States, communicating a letter from the Governor of North Carolina, with a copy of the act of the State, ceding to the United States certain western lands therein described.

The Message, with the accompanying act, were read; and, on motion of Mr. SMITH, of South Carolina, referred to a committee to report thereThe following gentlemen were appointed accordingly: Messrs. CLYMER, TUCKER, GALE, MADISON, and MATHEWS.

on.

SYSTEM OF BANKRUPTCY.

Mr. HARTLEY moved that a committee should be appointed to bring in a bill providing for a general system of bankruptcy in the United States.

Mr. SMITH, of South Carolina, objected to the subject being taken up immediately. The present situation of the country, he conceived, was such as to render a general law on this subject a more intricate and perplexing business than the gentleman was aware of. He thought it most prudent to defer the business till the public debt should be funded, and banks established, without which it was difficult to conceive how arrangements could be made to facilitate the payment of debts, or the operation of such a law. He said that the insolvent acts in the several States would answer for the present.

Mr. HARTLEY said, the Constitution required that an act should be passed on the subject; but he did not wish to hurry it through the House the present session. He was desirous, however, that some steps should be taken to show that Congress had the credit of the country in view. Mr. SEDGWICK adduced similar observations to those of Mr. SMITH, of South Carolina, and adverting to the present state of that country from whence many of our precedents are derived, said, that since the adoption of their present system of bankruptcy, that nation had enjoyed a degree of

Mr. HARTLEY consented that the motion should lie on the table.

OF PROVING PUBLIC RECORDS FROM
OTHER STATES.

Mr. SMITH, of South Carolina, then recited the following clause in the Constitution, viz: "Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State; and the Congress may, by general laws, prescribe the manner in which such acts, and proceedings shall be proved, and the effect thereof :" and moved that a committee be appointed to bring in a bill or bills, pursuant thereto; this motion being adopted, the following gentlemen were appointed: Messrs. PAGE, JACKSON, and THATCHER.

INVALID PENSIONERS.

Mr. HEISTER moved, that a committee be appointed to bring in a bill or bills, making provi sion for the Invalid Pensioners of the United States; this being adopted, Messrs. HEISTER, PARTRIDGE, and HATHORN, were appointed.

COMMITTEE OF ELECTIONS.

Mr. WHITE moved that a Committee of Elections be appointed; which consisted of Messrs. AMES, SHERMAN, BENSON, STONE, PAGE, WYNKOOP, and WHITE.

NORTH CAROLINA.

A message was received from the Senate, with a bill for giving effect to the laws of the United States, in the State of North Carolina, returned with amendments, in which the Senate requested the concurrence of the House; these amend ments were agreed to, except one amendment only.

By the amendments of the Senate to the foreof further suspending the operation of the tou going act, a clause is introduced for the purpose nage act, respecting the vessels belonging to Rhode Island, till the first day of April next.

TUESDAY, February 2. THEODORICK BLAND, from Virginia, appeared and took his seat.

was read the

The engrossed bill for securing the copy-right of books to authors and proprietors, third time; but, on motion, was recommitted to Messrs. BOUDINOT, SHERMAN, and SYLVESTER.

CENSUS OF THE UNION.

Mr. FOSTER, from the committee to whom was recommitted the bill providing for the enumera tion of the inhabitants of the United States, re

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FEBRUARY, 1790.]

Census of the Union.

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ported the bill with amendments; and the House agricultural, commercial, and manufacturing parts proceeded to the consideration thereof. of the community. Did they not wish then to know the relative proportion of each, and the exact number of every division, in order that they might rest their arguments on facts, instead of assertions and conjectures? Will any gentleman pretend to doubt but our regulations would have been better accommodated to the real state of the society than they are? If our decisions had been influenced by actual returns, would they not have been varied, according as the one side or the other was more or less numerous? We should have given less encouragement in some instances, and more in others; but in every instance, we should have proceeded with more light and satisfaction.

Mr. LIVERMORE apprehended this plan was too extensive to be carried into operation, and divided the people into classes too minute to be readily ascertained. For example, many inhabitants of New Hampshire pursued two, three, or four occupations, but which was the principal one depended upon the season of the year or some other adventitious circumstance; some followed weaving in the Spring and Summer, but the making of shoes was the most predominant in the Fall and Winter; under what class are these people to be thrown, especially if they joined husbandry and carpenter's work to the rest? He was confident the distinction which the gentleman wished to make could not be performed. He was, therefore, against adding additional labor, and consequently, incurring additional expense, whether the work was executed or not. Besides this, he apprehended it would excite the jealousy of the people; they would suspect that Government was too particular, in order to learn their ability to bear the burden of direct or other taxes; and, under this idea, they may refuse to give the officer such a particular account as the law requires, by which means you expose him to great inconvenience and delay in the performance of his duty.

Mr. SEDGWICK understood, when the bill was recommitted, it was intended to specify every class of citizens, into which the community was divided, in order to ascertain the actual state of the society. Now, he had to ask, why it was not extended further? He thought the learned professions should be returned, as well as the others, and would furnish as grateful information as the return of any other. The state of society could be ascertained, perhaps, in some degree, from observing these proportions.

Mr. MADISON.-If the object to be attained by this particular enumeration be as important in the judgment of this House, as it appears to my mind, they will not suffer a small defect in the plan to defeat the whole. And I am very sensible, Mr. Speaker, that there will be more difficulty attendant on taking the census, in the way required by the Constitution, and which we are obliged to perform, than there will be in the additional trouble of making all the distinctions contemplated in the bill. The classes of people most troublesome to enumerate, in this schedule, are happily those resident in large towns, as the greatest number of artisans live in populous cities and compact settlements, where distinctions are made with great

ease.

I take it, sir, that, in order to accommodate our laws to the real situation of our constituents, we ought to be acquainted with that situation. It may be impossible to ascertain it as far as I wish; but we may ascertain it so far as to be extremely useful, when we come to pass laws, affecting any particular description of people. If gentlemen have any doubts with respect to its utility, I cannot satisfy them in a better manner, than by referring them to the debates which took place upon the bills intended collaterally to benefit the 1st CoN.-36

The gentleman from Massachusetts (Mr. SEDGWICK) has asked, why the learned professions were not included? I have no objection to giving a column to the general body, I think the work would be rendered more complete by the addition, and if the decision of such a motion turned upon my voice, they shall be added. But it may nevertheless be observed, that in such a character they can never be objects of legislative attention or cognizance. As to those who are employed in teaching and inculcating the duties of religion, there may be some indelicacy in singling them out, as the General Government is proscribed from interfering, in any manner whatever, in matters respecting religion; and it may be thought to do this, in ascertaining who, and who are not ministers of the Gospel. Conceiving the extension of the plan to be useful, and not difficult, I hope it may meet the ready concurrence of this House.

Mr. PAGE thought this particular method of describing the people would occasion an alarm among them; they would suppose the Government intended something, by putting the Union to this additional expense, besides gratifying an idle curiosity; their purposes cannot be supposed the same as the historian's or philosopher's-they are statesmen, and all their measures are suspected of policy. If he had not heard the object so well explained on this floor, as one of the people, he might have been jealous of the attempt, as it could serve no real purpose, for he contended, if they were now acquainted with the minutiæ, they would not be benefited by it. He hoped the business would be accomplished in some other way.

Mr. MADISON thought it was more likely that the people would suppose the information was required for its true object, namely, to know in what proportion to distribute the benefits resulting from an efficient General Government.

The schedules were now agreed to by the House, and the bill, with an alteration respecting the allowance to the Marshal of Maine, was ordered to be engrossed.

A message from the Senate, with the bill for giving effect to the laws of the United States in the State of North Carolina, was received: whereupon, the said bill was ordered to be enrolled, and Messrs. GILMAN and WHITE were appointed a committee for that purpose.

H. OF R.]

WEDNESDAY, February 3.

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was presumable that he was qualified by a knowThe engrossed bill for enumerating the inhabit-ledge of the candidates, yet we have no hold upon ants of the United States was read the third time, his attachment to the Government.

and then ordered to lie on the table.

RULE OF NATURALIZATION. The House then went into a Committee of the Whole on the bill establishing an uniform rule of Naturalization, Mr. BALDWIN in the Chair. The first clause enacted that all free white persons, who have, or who shall migrate into the United States, and shall give satisfactory proof, before a magistrate, by oath, that they intend to reside therein, and shall take an oath of allegiance, and shall have resided in the United States for one whole year, shall be entitled to all the rights of citizenship, except being capable of holding an office under the State or General Government, which capacity they are to acquire after a residence of two years more.

Mr. TUCKER moved to strike out the words "and shall have resided within the United States for one whole year;" because he conceived it the policy of America to enable foreigners to hold lands, in their own right, in less than one year; he had no objection to extending the term, entitling them to hold an office under Government, to three years. In short, the object of his motion was, to let aliens come in, take the oath, and hold lands without any residence at all.

Mr. HARTLEY said, he had no doubt of the policy of admitting aliens to the rights of citizenship; but he thought some security for their fidelity and allegiance was requisite besides the bare oath; that is, he thought an actual residence of such a length of time as would give a man an opportunity of esteeming the Government, from knowing its intrinsic value, was essentially necessary to assure us of a man's becoming a good citizen. The practice of almost every State in the Union countenanced a regulation of this nature; and perhaps it was owing to a wish of this kind, that the S:ates had consented to give this power to the General Government. The terms of citizenship are made too cheap in some parts of the Union; to say, that a man shall be admitted to all the privileges of a citizen, without any residence at all, is what can hardly be expected.

The policy of the old nations of Europe has drawn a line between citizens and aliens: that policy has existed to our knowledge ever since the foundation of the Roman Empire; experience has proved its propriety, or we should have found some nation deviating from a regulation inimical to its welfare. From this it may be inferred, that we ought not to grant this privilege on terms so easy as is moved by the gentleman from South Carolina. If he had gone no further in his motion than to give aliens a right to purchase and hold lands, the objection would not have been so great; but if the words are stricken out that he has moved for, an alien will be entitled to join in the election of your officers at the first moment he put his foot on shore in America, when it is impossible, from the nature of things, that he can be qualified to exercise such a talent; but if it

Mr. SHERMAN thought that the interests of the State where the emigrant intended to reside ought to be consulted, as well as the interests of the General Government. He presumed it was intended by the Convention, who framed the Constitution, that Congress should have the power of naturalization, in order to prevent particular States receiving citizens, and forcing them upon others who would not have received them in any other manner. It was therefore meant to guard against an improper mode of naturalization, rather than foreigners should be received upon easier terms than those adopted by the several States. Now, the regulation provided for in this bill, entitles all free white persons, which includes emigrants, and even those who are likely to become chargeable. It certainly never would be undertaken by Congress to compel the States to receive and support this class of persons; it would therefore be necessary that some clause should be added to the bill to counteract such a general proposition.

Mr. PAGE was of opinion, that the policy of European nations and States respecting naturalization, did not apply to the situation of the United States. Bigotry and superstition, or a deep-rooted prejudice against the Government, laws, religion, or manners of neighboring nations had a weight in that policy, which cannot exist here, where a more liberal system ought to prevail. I think, said he, we shall be inconsistent with ourselves, if, after boasting of having opened an asylum for the oppressed of all nations, and established a Government which is the admiration of the world. we make the terms of admission to the full enjoyment of that asylum so hard as is now proposed. It is nothing to us, whether Jews or Roman Catholics settle amongst us; whether subjects of Kings, or citizens of free States wish to reside in the United States, they will find it their interest to be good citizens, and neither their religious nor political opinions can injure us, if we have good laws, well executed.

Mr. BOUDINOT was against striking out the words, because he would rather choose to alter it from one year to two years, than to strike out all that respected the capacity of an alien to be elected into any office. He conceived, that after a person was admitted to the rights of citizenship, he ought to have them full and complete, and not be divested of any part.

Mr. WHITE noticed the inconvenience which would result from permitting an alien to all the rights of citizenship, merely upon his coming and taking an oath that he meant to reside in the United States. Foreign merchants and captains of vessels might by this means evade the additional duties laid on foreign vessels; he thought, therefore, if the words were struck out, that another clause ought to be added, depriving persons of the privilege of citizenship, who left the country and staid abroad for a given length of time.

Mr. LAWRENCE was of opinion, that Congress

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