H. or R.J Collection of Revenue. [JUNE, 1789. report; which was read and ordered to lie on the sufficiently prepared to decide what ports would table. be most suitable in the several States, it was I moved, that the committee should rise, and make the further consideration of the bill the order of the day for to-morrow. The vote on this motion being taken, it passed in the negative. The committee then proceeded in filling up the blank, when the following ports were agreed upon, viz: Portsmouth, in New Hampshire. Massachusetts.-Portland, Newburyport, Gloucester, Salem, Marblehead, Boston, Plymouth, Dighton, New Bedford, Sherbourne, Nantucket. Connecticut.-New London, New Haven, Nor walk. State of New York.-City of New York, Sag Harbor. The SPEAKER, pursuant to the directions of the act entitled "An act to regulate the time and manner of administering certain oaths," proceeded to administer the oath to support the Constitution of the United States, in the form prescribed by the said act, to the following members of this House, who had not before taken a similar oath, viz: ABRAHAM BALDWIN, EGBert Benson, ÆdANUS BURKE, ISAAC COLES, BENJAMIN CONTEE, WILLIAM FLOYD, JONATHAN GROUT, JOHN HATHORN, JAMES JACKSON, SAMUEL LIVERMORE, JEREMIAH VAN RENSSELAER, JOSHUA SENEY, THOMAS SINNICKSON, PETER SYLVESTER, THO-reported progress. MAS SUMTER, JONATHAN TRUMBULL, JOHN VINING, and JEREMIAH WADSWORTH. The same oath, and moreover the oath of office, prescribed by the said act, were also administered by the Speaker to the Clerk. Mr. HUGER and Mr. SMITH, (of South Carolina,) produced certificates under the hand of the Chief Justice of New York, of their having taken the oath to support the Constitution of the United States before the said Chief Justice, pursuant to a former resolution of this House. Mr. BALDWIN, from the committee appointed, presented, according to order, a bill to establish an Executive department, to be denominated the Department of War; which was received, and read the first time. Mr. BALDWIN, from the committee appointed, presented, according to order, a bill to establish an Executive department, to be denominated the Department of Foreign Affairs; which was received, and read the first time. COLLECTION OF REVENUE. New Jersey.-Perth Amboy, Egg Harbor, Pennsylvania.-Philadelphia. The committee then rose, and the Chairman On motion, Ordered, That it be an instruction to the committee appointed the 11th of April, to prepare and bring in a bill or bills for regulating the collection of imposts and tonnage in the United States, that they do prepare and bring in a bill, directing the mode of registering and clearing vessels, ascertaining their tonnage, and regulating the coasting trade, pilots, and light-houses. On motion, the House then adjourned. WEDNESDAY, June 3. A message from the Senate informed the House that they had agreed to the amended report for the publication of the acts of Congress, with an amendment, to which they desired the concurrence of this House. The House proceeded to consider the proposed amendment and agreed to it; of which the Clerk was directed to inform the Senate. The two bills to establish the Department of War and the Department of Foreign Affairs, The House then resolved itself into a Com-were read a second time, and ordered to be committee of the Whole, and resumed the bill for the collection of the revenue. On motion, it was voted that the consideration of the two first articles should be postponed: the third article, which is in these words, viz: "That there shall also be constituted the following ports, which shall be ports both of entry and delivery, to wit:" was taken up, when in Mr. LIVERMORE proposed, that Portsmouth, New Hampshire, should be one of the ports of entry and delivery to fill up the blank. Machias and Portland were next mentioned; upon which many observations were made by different members-chiefly with respect to the number of ports for entry and delivery which it might be necessary to constitute. The committee appeared to be divided in sentiment; and some gentlemen having observed, that they were not mitted to a Committee of the Whole. A message from the Senate informed the House, that they were about to proceed to take the oath to support the Constitution of the United States, pursuant to the "act to regulate the time and manner of administering certain oaths," and request that the act may be sent to them for that purpose. COLLECTION OF REVENUE. The House then again resolved itself into a committee, Mr. TRUMBULL in the Chair. The bill to regulate the collection of the revenue came again under consideration-when further progress was made in filling up the blank, by agreeing to the following, as ports of entry and delivery, viz: Maryland.-Chestertown, Oxford, Vienna, Bal timore, Snow Hill, Georgetown, Annapolis, St. Mary's Patuxent. Virginia.-Norfolk and Portsmouth, Hampton, Yorktown, Urbanna, Alexandria, Kinsale, Foley's Landing, Cherrystone, South Quay. South Carolina. Beaufort. Charleston, Georgetown, Georgia.-Savannah, Sunbury, Brunswick, St. Patrick's on St. Mary's river. Province of Maine in Massachusetts.-Pepperelborough, Bath, on Kennebeck river, Wiscasset, on Sheepscut river, Penobscot, Machias, Passamaquoddy, York, Barnstable, in the county of Barnstable. The Speaker resumed the Chair, and the Chairman reported that the committee had, according to order, had the said bill under consideration, and made further progress therein. Resolved, That this House will, to-morrow, again resolve itself into a Committee of the whole House on the said bill. THURSDAY, June 4. [H.OF R. Mr. JACKSON introduced another clause, providing for the forming of the sea-coast of the State of Georgia into four districts, to include ports of entry and delivery. This division was agreeable to the laws of that State. This was adopted, as was also a clause, introduced by Mr. GOODHUE, similar to that of Mr. LAWRENCE, which provided that vessels bound up Merrimack river should enter and pay, or secure the duties, at Newburyport. The committee then rose. Mr. BALDWIN, from the committee appointed to bring in a bill or bills for the arrangement of the three Executive departments, reported a bill for the Treasury Department; which was read, and laid on the table. Mr. BENSON gave notice that to-morrow he should move for a Committee of the Whole on the state of the Union, to to take up the proposition respecting Rhode Island. FRIDAY, June 5. A message from the Senate informed the The House took into consideration the resoluHouse that they had passed the following resolution yesterday received from the Senate, providing tion, to which they request the concurrence of the for the transmission of copies of the acts of House, to wit: Congress to the several Executives of the States, and concurred therewith. Resolved, That, in ten days after the passing of every act of Congress, during the present session, or until some other regulation shall be adopted, twentytwo printed copies thereof, signed by the Secretary of the Senate, and Clerk of the House of Representatives, and certified by them to be true copies of the original acts, be lodged with the President of the United States; and that he be requested to cause to be transmitted two of the said copies, so attested as aforesaid, to each of the Supreme Executives in the several States. To which resolution they desire the concurrence of this House. COLLECTION OF REVENUE. The House again resolved itself into a Committee of the Whole on the bill to regulate the collection of revenue, Mr. TRUMBULL in the Chair; when the following ports of entry and delivery were added to the bill, viz: Massachusetts.-Kennebunk. Virginia.-West Point, Newport, Tappahannoc, Fredericksburg, Suffolk, Bermuda Hundred, City Point, Rocket's Landing. New Jersey.-Burlington, Newark, New Brunswick. The committee then rose, reported progress, and obtained leave to sit again. Mr. LAWRENCE proposed to insert a clause to this effect: that all ships or vessels arriving at New York from any foreign port, and destined to the city of Hudson, Albany, Esopus Creek, Poughkeepsie, or Newburg, on Hudson river, shall enter at the port of New York; and having there paid the duties, or secured them to be paid, they may then proceed to either of said ports to deliver their cargoes; the collector at New York putting on board a land or tide waiter, and taking effectual means to prevent frauds. This clause was adopted. The bill for establishing the Treasury Department was read a second time, and committed to a Committee of the Whole. Mr. AMES presented a petition from the tradesmen and manufacturers of Boston, praying the attention of Congress to the encouragement of manufactures and to the increase of American shipping, by such regulations as the wisdom of the National Legislature shall judge most consistent with the interest, prosperity, and happiness of this extensive empire. Ordered to lie on the table. COLLECTION OF REVENUE. The House again went into a Committee of the Whole on the bill to regulate the collection of the revenue, Mr. TRUMBULL in the Chair; when the following additions were made to the ports of entry and delivery: Massachusetts.-Ipswich, Manchester, Beverly, Danvers, Lynn, Charlestown, Medford, Swanzey, or Freetown, Westport, Duxbury. Virginia.-Petersburg, Cumberland, Smith field. Mr. VINING gave notice, that on Wednesday next he should submit to the House a resolve, providing for the establishment of a fourth subordinate Executive Department to be denominated the Department of the Secretary of the United States for Domestic Affairs. Mr. BENSON presented for consideration the resolution which he yesterday gave notice of his intention of introducing in relation to the admission of Rhode Island into the Union, and moved that the House immediately go into a Committee of the Whole on the state of the Union, for the purpose of discussing his proposition. The resolution is in the following words: "The Congress of the United States do resolve and declare it to be their most earnest desire, that the Legislature of the State of Rhode Island and Providence Plantations, do recommend to the people of that State to choose delegates to meet in convention, and to whom the Constitution of the United States is to be submitted, conformably to the unanimous resolution of the United States in Congress assembled, of the 28th of September, 1787." [JUNE, 1789. impossible but we may find, when we are in committee, that we cannot do any thing in the business; yet I think it proper to let that question rest until we go there. But, as the subject is of great importance, I have no doubt but the House will agree to my motion. Mr. SMITH (of South Carolina.)-I think we ought to go into committee, and hear what the gentleman has to say on the subject. Though I must acknowledge I am at present against the adoption of the resolution he has proposed; yet it is possible, when he has stated his reasons, and pointed out the necessity of it, that I may alter my opinion; but I wonder why the gentleman has omitted North Carolina. Mr. SHERMAN.-I think Rhode Island stands in a different situation from North Carolina. When this Constitution was formed in the convention, North Carolina was represented there; she, as well as the adopting States, submitted that instrument to a convention of the people; but not having adopted it, she has again called a convention, and is proceeding to reconsider it as fast as convenient; so that such a request as is now proposed would be unnecessary with respect to them. As Rhode Island did not send members to the first convention, there was a delicacy in transmitting the proceedings to them, and Congress could not, perhaps, apply to them with the same propriety as to another. But all we are now to consider, I believe, is, that we invite the State of Rhode Island to join our confederacy; what will be the effect of such a measure we cannot tell till we try it. Mr. PAGE. I think of Rhode Island as the worthy gentleman from New York does; but, as a member of Congress, I doubt the propriety of this body interfering in the business. If I put myself, for a moment, into the situation of a citizen of a State that has refused to accede to the Constitution of the United States, I must admit that I should watch your actions with a jealous eye; I should be apprehensive of undue influence, if I were to see you throw your weight into the scale. But what occasion is there for adopting such a resolution? Are gentlemen afraid to leave them to their own unbiassed judgment? For my part I am not: it will demonstrate the goodness of the Constitution, if it be adopted upon mature consideration, without any aid but its own intrinsic value. As to amendments, when we come to consider of them, I dare say they will be such as to make the Constitution more agreeable; but, for the present, I think it improper to have any thing to do with the gentleman's motion; I hope he may be prevailed upon to withdraw it; he has done his duty by bringing it forward; but if it does not meet the approbation of the House, it will be a useless waste of time to give it any further discussion. The gentleman has shown sufficiently his attachment to the Federal Government, by the earnestness he shows to have it adopted throughout the Uuited States. But, in addition to this, let him consider where such measures may lead us. Because the Legislature of Rhode Island have neglected or refused to submit the consideration of the Constitution to a convention, we are to recommend it, and express a most earnest desire that they will comply. But suppose they decline doing what you require, what is next to be done? I hope gentlemen will Mr. AMES.-If the situation of the House is dehesitate before they go any further. I think we licate, it is also dangerous in some degree; but he should be employed more in the line of our duty, did not think it would relieve them by withdrawby attending to the interests of our constituents, ing the motion. If the gentleman felt serious on and completing the organization of a Govern- the subject, if there were danger in the measure, ment they ordered, than to spend our time about it ought to be well examined. But this was an business which is not within our powers. Why argument for going into a Committee of the should we interfere with the concerns of our sis- Whole. Surely gentlemen are not afraid of ter States, who have not yet joined the new Gov-knowing our situation. Then why oppose the ernment? I trust the gentleman will see the impropriety of his motion, and agree to withdraw it. Mr. BENSON. I hope we shall not go into an examination of the resolution at this stage of the business; my motion goes no further than that the House should resolve itself into a Committee of the Whole, for the purpose of considering the resolution; therefore, when the House is in committee, it will be time enough to enter into the merits of the question. I admit, that it is not Mr. PAGE said, though he had a great deference for the mover, yet he conceived the motion ought not to come before Congress. He feared they would make themselves a party in the business, if they interfered; and he wished to avoid having any thing to do with their bickerings and disputes; it was enough for us to do the business we were sent upon, and not to attempt works of supererogation. From the respect he had for the gentleman, and from the delicate situation in which the House was involved, he hoped that the motion would be withdrawn. means of coming at that knowledge? It is not possible to conceive that this question can be long evaded. Then what advantage is proposed from procrastination? For his part, he could discover none; and, therefore, was in favor of resolving into a Committee of the Whole. Mr. PAGE had heard the word danger, but did not hear distinctly the gentleman's arguments. He thought the House run the risk of involving themselves as parties, and of incurring all the dangers to which such a situation would expose JUNE, 1789.] Amendments to the Constitution. them. He thought the best way to avoid the danger was to stay where we are. Mr. MADISON. I believe, Mr. Speaker, there are cases in which it is prudent to avoid coming to a decision at all, and cases where it is desirable to evade debate; if there were not cases of this kind, it would be unnecessary to guard our discussions with the previous question. My idea on the subject now before the House is, that it would be improper in this body to expose themselves to have such a proposition rejected by the Legislature of the State of Rhode Island. It would likewise be improper to express a desire on an occasion where a free agency ought to be employed, which would carry with it all the force of a command. How far this is contemplated on the present occasion, I cannot tell; but I heartily wish That as little may be said about it as possible. I Conceive this to be one of the cases to which the previous question is applicable; and, if the gentleman means to call the House to a direct decision On this motion, I shall step between, and interpose the previous question. [H. OF R. be best to let them exercise their judgment, independent of any influence which a recommendation from Congress might have. The previous question being insisted upon, was put-"Shall the main question be now put?" and it was determined in the negative. Adjourned. MONDAY, June 8. MICHAEL JENIFER STONE, from Maryland, appeared, and took his seat. Mr. GOODHUE presented a petition from Nicholas Pike, of Newburyport, praying an exclusive interest, for a limited time, in the publication of his System of Arithmetic.-Referred to a select committee. AMENDMENTS TO THE CONSTITUTION. Mr. MADISON rose, and reminded the House that this was the day that he had heretofore named for bringing forward amendments to the Constitution, as contemplated in the fifth article of the Constitution. He then addressed the Speaker as follows: This day, Mr. Speaker, is the day assigned for taking into consideration the subject of amendAs I considered my Mr. AMES.-I am against the previous question being taken, because I wish the House to consider the motion made by the gentleman from New York; it is admitted to be a question of consider-ments to the Constitution. able importance; if it is, it ought to be considered; otherwise, we are shutting the door on information, and putting it out of our power to ascertain the propriety or impropriety of the motion. I should be glad to know if any gentleman contemplates the State of Rhode Island dissevered from the Union; a maritime State, situated in the most convenient manner for the purpose of smuggling, and defrauding our revenue. Surely, a moment's reflection will induce the House to take measures to secure this object. Do gentlemen imagine that State will join the Union? If they do, what is the injury arising from the adoption of the resolution intended to be submitted to the committee? Is there any impropriety in desiring them to consider a question which they have not yet decided? It has been suggested, by an honorable gentleman, that this desire will operate as a demand. If a wish of Congress can bring them into the Union, why should we decline to express such a wish? It has been said, that Rhode Island has never called a convention; the other States have. Then why should we decline to request them to do what every other State has been called upon to perform? The gentleman from Virginia seems afraid we should sacrifice our dignity by making this request. Let it be remembered, Great Britain lost her colonies by sacrificing her interest to her dignity. We ought, therefore, to be careful how we act upon ideas of this kind. There seems some disposition in that State to join her sister States in adopting the Constitution. Then, why shall we decline encouraging that good spirit by approving the measure? Mr. WHITE thought it best to put the previous question, because it was improper for this Legislature to interfere in their deliberation. If they were disposed to adopt the Constitution, it would self bound in honor and in duty to do what I have done on this subject, I shall proceed to bring the amendments before you as soon as possible, and advocate them until they shall be finally adopted or rejected by a Constitutional majority of this House. With a view of drawing your attention to this important object, I shall move that this House do now resolve itself into a Committee of the Whole on the state of the Union; by which an opportunity will be given, to bring forward some propositions, which I have strong hopes will meet with the unanimous approbation of this House, after the fullest discussion and most serious regard. I therefore move you, that the House now go into a committee on this business. Mr. SMITH was not inclined to interrupt the measures which the public were so anxiously expecting, by going into a Committee of the Whole at this time. He observed there were two modes of introducing this business to the House. One by appointing a select committee to take into consideration the several amendments proposed by the State Conventions; this he thought the most likely way to shorten the business. The other was, that the gentleman should lay his propositions on the table, for the consideration of the members; that they should be printed, and taken up for discussion at a future day. Either of these modes would enable the House to enter upon business better prepared than could be the case by a sudden transition from other important concerns to which their minds were strongly bent. He therefore hoped that the honorable gentleman would consent to bring the subject forward in one of those ways, in preference to going into a Committee of the Whole. For, said he, it must appear extremely impolitic to go into the consideration of amending the Government, before it is organized, before it has begun to operate. Certainly, H. of R.] Amendments to the Constitution. upon reflection, it must appear to be premature. I wish, therefore, gentlemen would consent to the delay for the business which lies in an unfinish ed state-I mean particularly the collection billis necessary to be passed; else all we have hitherto done is of no effect. If we go into the discussion of this subject, it will take us three weeks or a month; and during all this time, every other business must be suspended, because we cannot proceed with either accuracy or despatch when the mind is perpetually shifted from one subject to another. Mr. JACKSON. I am of opinion we ought not to be in a hurry with respect to altering the Constitution. For my part, I have no idea of speculating in this serious manner on theory. If I agree to alterations in the mode of administering this Government, I shall like to stand on the sure ground of experience, and not be treading air. What experience have we had of the good or bad qualities of this Constitution? Can any gentleman affirm to me one proposition that is a certain and absolute amendment? I deny that he can. Our Constitution, sir, is like a vessel just launched, and lying at the wharf; she is untried, you can hardly discover any one of her properties. It is not known how she will answer her helm, or lay her course; whether she will bear with safety the precious freight to be deposited in her hold. But, in this state, will the prudent merchant attempt alterations? Will he employ workmen to tear off the planking and take asunder the frame? He certainly will not. Let us, gentlemen, fit out our vessel, set up her masts, and expand her sails, and be guided by the experiment in our alterations. If she sails upon an uneven keel, let us right her by adding weight where it is wanting. In this way, we may remedy her defects to the satisfaction of all concerned; but if we proceed now to make alterations, we may deface a beauty, or deform a well proportioned piece of workmanship. In short, Mr. Speaker, I am not for amendments at this time; but if gentlemen should think it a subject deserving of attention, they will surely not neglect the more important business which is now unfinished before them. Without we pass the collection bill we can get no revenue, and without revenue the wheels of Government cannot move. I am against taking up the subject at present, and shall therefore be totally against the amendments, if the Government is not organized, that I may see whether it is grievous or not. When the propriety of making amendments shall be obvious from experience, I trust there will be virtue enough in my country to make them. Much has been said by the opponents to this Constitution, respecting the insecurity of jury trials, that great bulwark of personal safety. All their objections may be done away, by proper regulations on this point, and I do not fear but such regulations will take place. The bill is now before the Senate, and a proper attention is shown to this business. Indeed, I cannot conceive how it could be opposed; I think an almost omnipotent Emperor would not be hardy enough [JUNE, 1789. to set himself against it. Then why should we fear a power which cannot be improperly exercised? We have proceeded to make some regulations under the Constitution; but have met with no inaccuracy, unless it may be said that the clause respecting vessels bound to or from one State be obliged to enter, clear, or pay duties in another, is somewhat obscure; yet that is not sufficient, I trust, in any gentleman's opinion to induce an amendment. But let let me ask what will be the consequence of taking up this subject? Are we going to finish it in an hour? I believe not; it will take us more than a day, a week, a monthit will take a year to complete it! And will it be doing our duty to our country, to neglect or delay putting the Government in motion, when every thing depends upon its being speedily done? Let the Constitution have a fair trial; let it be examined by experience, discover by that test what its errors are, and then talk of amending; but to attempt it now is doing it at a risk, which is certainly imprudent. I have the honor of coming from a State that ratified the Constitution by the unanimous vote of a numerous convention: the people of Georgia have manifested their attachment to it, by adopting a State Constitution framed upon the same plan as this. But although they are thus satisfied, I shall not be against such amendments as will gratify the inhabitants of other States, provided they are judged of by experience and not merely on theory. For this reason, I wish the consideration of the subject postponed until the 1st of March, 1790. Mr. GOODHUE.-I believe it would be perfectly right in the gentleman who spoke last, to move a postponement to the time he has mentioned; because he is opposed to the consideration of amendments altogether. But I believe it will be proper to attend to the subject earlier; because it is the wish of many of our constituents, that something should be added to the Constitution, to secure in a stronger manner their liberties from the inroads of power. Yet I think the present time premature; inasmuch as we have other business before us, which is incomplete, but essential to the public interest. When that is finished, I shall concur in taking up the subject of amendments. Mr. BURKE thought amendments to the Constitution necessary, but this was not the proper time to bring them forward. He wished the Government completely organized before they entered upon this ground. The law for collecting the revenue is immediately necessary; the Treas ury Department must be established; till this, and other important subjects are determined, he was against taking this up. He said it might interrupt the harmony of the House, which was ne cessary to be preserved in order to despatch the great objects of legislation. He hoped it would be postponed for the present, and pledged himself to bring it forward hereafter, if nobody else would. Mr. MADISON. The gentleman from Georgia (Mr. JACKSON) is certainly right in his opposition to my motion for going into a Committee of the Whole, because he is unfriendly to the object 1 |