JUNE, 1789.] Amendments to the Constitution. there is no analogy between federal and punic faith; but unless Congress shall candidly consider the amendments which have been proposed in confidence by the State conventions, federal faith will not be considered very different from the punica fides of Carthage. The ratification of the Constitution in several States would never have taken place, had they not been assured that the objections would have been duly attended to by Congress. And I believe many members of these conventions would never have voted for it, if they had not been persuaded that Congress would notice them with that candor and attention which their importance requires. I will say nothing respecting the amendments themselves; they ought to stand or fall on their own merits. If any of them are eligible, they will be adopted; if not, they will be rejected. Mr. LIVERMORE was against this motion; not that he was against amendments at a proper time. It is enjoined on him to act a rational part in procuring certain amendments, and he meant to do so; but he could not say what amendments were requisite, until the Government was organized. He supposed the judiciary law would contain certain regulations that would remove the anxiety of the people respecting such amendments as related thereto, because he thought much of the minutiæ respecting suits between citizens of different States, &c. might be provided for by law. He could not agree to make jury trials necessary on every occasion; they were not practised even at this time, and there were some cases in which a cause could be better decided without a jury than with one. [H.OF R. the ordeal it had to undergo; and the unanimity which prevailed at its formation is equally astonishing; amidst all the members from the twelve States present at the Federal Convention, there were only three who did not sign the instrument to attest their opinion of its goodness. Of the eleven States who have received it, the majority have ratified it without proposing a single amendment. This circumstance leads me to suppose that we shall not be able to propose any alterations that are likely to be adopted by nine States; and gentlemen know, before the alterations take effect, they must be agreed to by the Legislatures of three-fourths of the States in the Union. Those States which have not recommended alterations, will hardly adopt them, unless it is clear that they tend to make the Constitution better. Now, how this can be made out to their satisfaction I am yet to learn; they know of no defect from experience. It seems to be the opinion of gentlemen generally that this is not the time for entering upon the discussion of amendments: our only question therefore is, how to get rid of the subject. Now, for my own part, I would prefer to have it referred to a Committee of the Whole, rather than a special committee, and therefore shall not agree to the motion now before the House. Mr. GERRY moved, that the business lie over until the 1st day of July next, and that it be the order for that day. Mr. SUMTER. I consider the subject of amendments of such great importance to the Union, that I shall be glad to see it undertaken in any manner. I am not, Mr. Speaker, disposed to In addition to the judiciary business, there is sacrifice substance to form; therefore, whether that which relates to the revenue. Gentlemen the business shall originate in a Committee of the had let an opportunity go through their hands of Whole or in the House, is a matter of indiffergetting a considerable supply from the impost on ence to me, so that it be put in train. Although the Spring importations. He reminded them of I am seriously inclined to give this subject a full this; and would tell them now was the time to discussion, yet I do not wish it to be fully entered finish that business; for if they did not sow in into at present, but am willing it should be postseed-time, they would be beggars in harvest. He poned to a future day, when we shall have more was well satisfied in his own mind, that the peo-leisure. With respect to referring to a select ple of America did not look for amendments at present; they never could imagine it to be the first work of Congress. He wished the concurrence of the Senate upon entering on this business, because if they opposed the measure, all the House did would be mere waste of time; and there was some little difficulty on this point, because it required the consent of two-thirds of both Houses to agree to what was proper on this occasion. He said, moreover, it would be better to refer the subject generally, if referred to them at all, than to take up the propositions of individual members. committee, I am rather against it; because I consider it as treating the applications of the State conventions rather slightly; and I presume it is the intention of the House to take those applications into consideration as well as any other. If it is not, I think it will give fresh cause for jealousy; it will rouse the alarm which is now suspended, and the people will become clamorous for amendments. They will decline any further application to Congress, and resort to the other alternative pointed out in the Constitution. I hope, therefore, this House, when they do go into the business, will receive those propositions genMr. SHERMAN.-I do not suppose the Constitu-erally. This, I apprehend, will tend to tranquiltion to be perfect, nor do I imagine if Congress and all the Legislatures on the continent were to revise it, that their united labors would make it perfect. I do not expect any perfection on this side the grave in the works of man; but my opinion is, that we are not at present in circumstances to make it better. It is a wonder that there has been such unanimity in adopting it, considering ize the public mind, and promote that harmony which ought to be kept up between those in the exercise of the powers of Government, and those who have clothed them with the authority, or, in other words, between Congress and the people. Without a harmony and confidence subsist between them, the measures of Government will prove abortive, and we shall have still to lament that imbecility and weakness which have long marked our public councils. Mr. VINING found himself in a delicate situation respecting the subject of amendments. He came from a small State, and therefore his sentiments would not be considered of so much weight as the sentiments of those gentlemen who spoke the sense of much larger States. Besides, his constituents had prejudged the question, by a unanimous adoption of the Constitution, without suggesting any amendments thereto. His sense accorded with the declared sense of the State of Delaware, and he was doubly bound to object to amendments which were either improper or unnecessary. But he had good reasons for opposing the consideration of even proper alterations at this time. He would ask the gentleman who pressed them, whether he would be responsible for the risk the Government would run of being injured by an interregnum? Proposing amendments at this time, is suspending the operations of Government, and may be productive of its ruin. He would not follow the gentleman in his arguments, though he supposed them all answerable, because he would not take up the time of the House; he contented himself with saying, that a bill of rights was unnecessary in a Government deriving all its powers from the people; and the Constitution enforced the principle in the strongest manner by the practical declaration prefixed to that instrument; he alluded to the words, "We the people do ordain and establish." There were many things mentioned by some of the State Conventions which he would never agree to, on any conditions whatever; they changed the principles of the Government, and were therefore obnoxious to its friends. The honorable gentleman from Virginia had not touched upon any of them; he was glad of it, because he could by no means bear the idea of an alteration respecting them; he referred to the mode of obtaining direct taxes, judging of elections, &c. He found he was not speaking to the question; he would therefore return to it, and declare he was against committing the subject to a select committee; if it was to be committed at all, he preferred a Committee of the Whole, but hoped the subject would be postponed. Mr. MADISON found himself unfortunate in not satisfying gentlemen with respect to the mode of introducing the business; he thought, from the dignity and peculiarity of the subject, that it ought to be referred to a Committee of the Whole. He accordingly made that motion first, but finding himself not likely to succeed in that way, he had changed his ground. Fearing again to be discomfited, he would change his mode, and move the propositions he had stated before, and the House might do what they thought proper with them. He accordingly moved the propositions by way of resolutions to be adopted by the House. Mr. LIVERMORE objected to these propositions, because they did not take up the amendments of the several States. [JUNE, 1789. Mr. PAGE was much obliged to his colleague for bringing the subject forward in the manner he had done. He conceived it to be just and fair. What was to be done when the House would not refer it to a committee of any sort, but bring the question at once before them? He hoped it would be the means of bringing about a decision. Mr. LAWRENCE moved to refer Mr. MADISON'S motion to the Committee of the Whole on the state of the Union. Mr. LEE thought it ought to be taken up in that committee; and hoped his colleague would bring the propositions before the committee, when on the state of the Union, as he had originally intended. Mr. BOUDINOT wished the appointment of a select committee, but afterwards withdrew his motion. At length Mr. LAWRENCE's motion was agreed to, and Mr. MADISON's propositions were ordered to be referred to a Committee of the Whole. Adjourned. On motion, TUESDAY, June 9. Resolved, That so much of the standing rules and orders as direct that, upon a division of the House on any question, the members who vote in the affirmative shall go to the right, and those in the negative shall go to the left of the Chair, be rescinded; and that, in future, when a division is called for, those in the affirmative of the question shall rise from their seats, and those in the negative remain sitting. COLLECTION OF DUTIES. The House, according to the order of the day, resolved itself into a Committee of the whole House on the bill to regulate the collection of duties imposed on goods, wares, and merchandises, imported into the United States. Mr. TRUMBULL in the Chair. Previous to making any further nomination of ports of entry and delivery, it was moved, that the shores, bays, rivers, creeks, and harbors, be divided into as many districts as there are ports of entry in the United States. This motion, after a discussion, was adopted. It was moved to insert a clause, whereby masters of ships and other vessels, loaded with goods, wares, and merchandise, and bound into the United States from any foreign port, should be obliged to produce duplicate manifestoes of their respective cargoes, to any officers of the customs that may demand the same, previous to their entering the ports of destination. This motion gave rise to a lengthy conversation, which terminated in withdrawing the motion. It was then voted, that a collector, a naval officer, and a surveyor, should be appointed for each of the following ports, viz: Boston, New York, Philadelphia, Baltimore, Norfolk, and Portsmouth; Alexandria, Virginia; Georgetown, Maryland; JUNE, 1789.] Collection of Revenue. [H. OF R. Charleston, South Carolina; and Savannah. sessing superior advantages for that business, The committee then rose and reported progress, would more probably evade the laws than stranand the House adjourned. gers; that it would operate altogether in favor of those States who employed no foreign shipping; and as sufficient had been done to encourage our own navigation, it was to be expected that the motion would be withdrawn. WEDNESDAY, June 10. COLLECTION OF REVENUE. The House again went into a committee on the bill to regulate the collection on imported goods; Mr. TRUMBULL in the Chair. from India, it was said that it would tend to the With respect to the clause restricting vessels creating of monopolies, to give undue advantage On motion of Mr. MADISON, a clause was in- to particular ports, to their aggrandizement and that of individuals residing in or near such ports, serted, which provides "that there shall be a sur- while it would deprive those who resided at a disveyor at each of the ports of delivery only," tance from them, and whose capitals were limitexcepting certain ports to be enumerated. The motion of Mr. AMES, which was with-ed, from adventuring in those voyages, as was now the case. drawn yesterday, was again brought forward by that gentleman, and adopted as a clause, to be inserted in the bill. It provides, That every master, or other person, having charge or command of a ship or vessel bound to any port of the United States, shall be obliged to produce, on demand, to any officer, or person authorized for the purpose, two manifests, specifying in words, the true contents of the cargo on board such ship or vessel, one of which manifests the officer is to endorse, and return to the captain, noting the time when the same was produced to him. The other he is toner, depopulate the sea-coast. That the experitransmit to the naval officer of the port to which the said vessel is bound." Several other propositions were produced, and debated, but not accepted. The committee then rose, reported progress, and the House adjourned. THURSDAY, June 11. COLLECTION OF REVENUE. The House again resolved itself into a Committee of the Whole on the bill to regulate the collection of duties, Mr. TRUMBULL in the Chair, when Mr. PARKER moved to insert the following clause in the bill, viz: "Provided that no ship or vessel, not belonging wholly to a citizen or citizens of the United States, shall be permitted to enter or unlade at any other than the following ports, viz:" In support of the clause, it was observed that from entering those ports which they had not foreigners could, with propriety, be restricted been accustomed to frequent; and, for this reason, no injury would be done to the persons residing at such places; but to circumscribe our own navigation within narrower limits than it had been used to, would be productive of extensive ill of the trade of the United States, and, in a manconsequences; it would cut off a great proportion foreigners to narrower limits than our own citi- With respect to the restriction on India ships, it was said that goods from that country were more easily smuggled than any other; that this restriction was of the last importance to the revenue, as one boat-load of India goods would pay a greater impost than a whole cargo from the West Indies; that it would be impolitic to suffer this trade to be carried on from ports favorably situated for smuggling; and that it had been found necessary to restrict British India ships to the port of London, to prevent frauds upon the revenue. Many other observations were made, when the question on the amendment proposed by Mr. FITZSIMONS being taken, it passed in the affirm The vote being then taken on the whole, it passed also in the affirmative. This clause, the gentleman observed, was ne-ative. cessary to hold up a preference to our own navigation, to secure to the citizens of the States exclusively the coasting trade; it would conduce more effectually to securing the revenue, and was a provision sanctioned by the practice of other commercial countries. Several other observations were made, when Mr. FITZSIMONS proposed that the clause should be amended by adding, "Nor shall any ship or vessel from India, China, or beyond the Cape of Good Hope, and bound to the United States, enter or unlade but at the following ports, viz:" This clause, with the amendment, occasioned considerabe discussion. In opposition to the first, it was observed that the restriction could not, with propriety, be confined to foreign vessels, on account of smuggling, as our own citizens, pos The ports to be established by this clause are yet to be named. Further progress was made in the bill, and several amendments agreed to. The committee then rose, reported progress, and the House adjourned. FRIDAY, June 12. A message from the Senate informed the House that the Senate had passed a bill for laying a duty on goods, wares, and merchandises imported into the United States, with several amendments, to which they requested the concurrence of this House. H. OF R.] On motion, Duties on Imports. Ordered, That Messrs. VINING, STONE, and JACKSON, be added to the committee to whom was referred the subject of reporting a bill, directing the mode of registering and clearing vessels, ascertaining their tonnage, and for regulating the coasting trade, pilots, and light-houses. COLLECTION OF REVENUE. The House then formed itself into a Committee of the Whole on the bill to regulate the collection of impost duties, Mr. TRUMBULL in the Chair. Considerable progress was made in the bill; but, after some time spent thereon, they rose, and asked and obtained leave to sit again. SATURDAY, June 13. COLLECTION OF REVENUE. DUTIES ON IMPORTS: [JUNE, 1789. The House then proceeded to the consideration of the amendments, which had been proposed by the Senate, to the bill for imposing duties on goods, wares, and merchandises imported into the United States. The enacting clause of the bill, viz: "The Congress of the United States," was amended by the Senate, by proposing to insert "The Senate and Representatives of the United States." This amendment was not concurred in. A re That clause of the bill which made a discrimiwith the United States, and those which are not, nation between States and Kingdoms in alliance with respect to the duty on distilled spirits, the Senate proposed should be struck out. capitulation of arguments used in the former progress of the bill on both sides of the question, with little variation, now took place. The result was non-concurrence with the Senate. a The House again resolved itself into a Committee of the Whole on the bill to regulate the collection of the duties imposed on goods, wares, amendments to the bill was urged by several gen A general concurrence with the Senate in their and merchandises imported into the United tlemen. They observed that much time had States; Mr. TRUMBULL in the Chair. The bill already been expended in the discussion of the underwent further discussion, and the general subject; that further delay would be sacrificing sentiment of the committee on the subject was the revenue; that there was danger of our losing pretty generally ascertained. Many observations the benefit of the Fall importations; that the high were made as to the most eligible mode of real-duties which had been voted by the House were izing the duties into the public treasury. But previous to any ultimate decision, on motion of Mr. FITZSIMONS, the committee rose, for the purpose of affording an opportunity of referring the subject to another committee, in order that a new bill might be reported. A motion to that effect was carried, and Messrs. GOODHUE, FITZSIMONS, LAWRENCE, BURKE, LIVERMORE, SHERMAN, and JACKSON, formed the committee. Mr. GERRY proposed a resolution, making it a standing order of the House, that, in future, the House shall adjourn from Friday to Monday; and Mr. LEONARD offered a resolution for prefixing the Constitution to the first volume of the Laws of Congress, when printed. Both resolutions were ordered to lie on the table. MONDAY, June 15. JOHN BROWN, from Virginia, and THEODORE SEDGWICK, from Massachusetts, appeared and took their seats. On motion of Mr. GOODHUE, it was Ordered, That Mr. SMITH, of Maryland, and Mr. PARKER, from Virginia, be added to the committee appointed on Saturday last, on the subject of collecting duties on imposts. contrary to the opinion of a large minority, having been carried by a very small majority; to the minority was now added the almost unanimous voice of the Senate: therefore, to reject the amendments of the Senate, was hazarding the fate of the present bill. The sentiment in favor of low duties was sanctioned by the invariable experience of the commercial world. They were always productive of greater revenue than high duties, as the latter held out a powerful temptation to evade the laws. The public voice, it was contended, was in opposition to high duties; and accounts received from mercantile characters in various parts of the Union confirmed the truth of this observation. That, as the operation and success of the laws, in the first instance, must depend upon the general opinion of their eligibility, it was rash to risk the popularity of the Govern. ment in a case where no risk was necessary. That the duty on spirits, in particular, was beyond all precedent, and would undoubtedly be evaded, as it was a premium to smuggle. On the other hand, it was said, that the duties were, in general, conformable to the sentiments of the people, particularly on distilled spirits; that on bulky articles high duties could be realized with some degree of certainty; that the probable amount of the proposed duties would fall short of the exigencies of the Union; the proposed deduction in some cases would curtail it fifty per cent.; Mr. SCOTT, from the committee to consider that it yet remained to be ascertained whether the state of the unappropriated lands in the West-high duties, in many cases, could not be collected ern territory, reported. This report contained a very particular geographical account of that country. WESTERN LANDS. Ordered, That this report be referred to a Committee of the Whole upon the state of the Union. with as great facility as low, the prompt collection of both being matter of speculation at present; that it was conceded, on all hands, that a revenue must be obtained, or the country be ruined. Direct taxes could not be thought of; and even the excise would be unpopular. That JUNE, 1789.] Department of Foreign Affairs. the opinion of respectable commercial characters was in favor of the proposed duties, particularly the duty on spirits, which, agreeably to their ideas, could be easily collected, even if it had been set at a higher rate. TUESDAY, June 16. A motion was made by Mr. WHITE, of Virginia, and adopted, that seats be provided for such members of the Senate as please to attend the debates, within the bar of the House. [H. OF R. in appointing the heads of departments. The Secretary of Foreign Affairs is the head of a department; for the words of the law declare, that there shall be a department established, at the head of which shall be an officer to be so denominated. If, then, the Senate are associated with the President in the appointment, they ought also to be associated in the dismission from office. Upon the justness of this construction, I take the liberty of reviving the motion made in the Committee of the Whole, for striking out these words: "to be The House then proceeded to consider the re-removable from office by the President of the Unimainder of the amendments proposed by the Senate to the impost bill. The House did not conMr. SMITH, of South Carolina.-The gentlecur in the sime fixed by the Senate for this act to man has anticipated me in his motion; I am clearbe in force, viz: the 1st of July next; but substi-ly in sentiment with him that the words ought to tuted the 1st of August; when the following being read, were acceded to, viz: To insert playing cards at a duty of ten cents per pack. Cotton at three cents per pound. ted States." go out. It is in the recollection of the committee, that when the subject was last before us, this power was excepted to; and although the words were then allowed to stand, it was generally understood that it should be further debated. I then was op To allow a drawback on brandy and geneva ex-posed to giving this power to the President, and ported from the United States. After the words "exported out of the limits of the United States," to add the following, viz: as settled by the late treaty of peace. To strike out the sentence which provided for allowing a drawback of five cents per gallon on spirits distilled from molasses in the United States, and exported out of the same. The discount of ten per cent. on goods, wares, and merchandise, imported in vessels built in the United States, and owned by a citizen or citizens thereof, was extended to goods, &c. imported in vessels not built in the United States, but which were owned by a citizen or citizens thereof, on the 16th May last, and continued so till the time of the importation of such goods. am still of opinion that we ought not to make this declaration, even if he has the power by the Constitution. I would premise that one of these two ideas are just: either that the Constitution has given the President the power of removal, and therefore it is nugatory to make the declaration here; or it has not given the power to him, and therefore it is improper to make an attempt to confer it upon him. If it is not given to him by the Constitution, but belongs conjointly to the President and Senate, we have no right to deprive the Senate of their Constitutional prerogative; and it has been the opinion of sensible men that the power was lodged in this manner. A publication of no inconsiderable eminence in the class of political writings on the Constitution, has advanced this DEPARTMENT OF FOREIGN AFFAIRS. sentiment. The author, or authors, (for I have The House then resolved itself into a Commit- understood it to be the production of two gentletee of the Whole on the bill for establishing an men of great information,) of the work pubExecutive department, to be denominated the De-lished under the signature of Publius, has these partment of Foreign Affairs; Mr. TRUMBULL in words: the Chair. The first clause, after recapitulating the title of the officer and his duties, had these words: "To be removable from office by the President of the United States." "It has been mentioned as one of the advantages to be expected from the co-operation of the Senate in the business of appointments, that it would contribute to the stability of the Administration. The consent of that body would be neMr. WHITE.-The Constitution gives the Pre-cessary to displace as well as appoint. A change sident the power of nominating and, by and with of the Chief Magistrate, therefore, would not octhe advice and consent of the Senate, appointing casion so violent or so general a revolution in the to office. As I conceive the power of appointing officers of the Government, as might be expected and dismissing to be united in their natures, and if he were the sole disposer of offices. Where a a principle that never was called in question in man in any station has given satisfactory evidence any Government, I am averse to that part of the of his fitness for it, a new President would be reclause which subjects the Secretary of Foreign strained from attempting a change in favor of a Affairs to be removed at the will of the President. person more agreeable to him, by the apprehenIn the Consiitution, special provision is made for sion that the discountenance of the Senate might the removal of the judges; that I acknowledge to frustrate the attempt, and bring some degree of be a deviation from my principle; but as it is a discredit upon himself. Those who can best esConstitutional provision, it is to be admitted. Intimate the value of a steady Administration, will all cases not otherwise provided for in the Constitution, I take it, that the principle I have laid down is the governing one. Now the Constitution has associated the Senate with the President, be most disposed to prize a provision which connects the official existence of public men with the approbation or disapprobation of that body, which, from the greater permanency of its own compo |