If we cannot do all the good we wish, let us do all we can; and while we remember the present state of our commerce, we shall hardly be satisfied in our own minds with the loss of such an important bill. I have still the same opinion with respect to the discrimination, but I am willing to forego it, rather than lose the whole. Mr. JACKSON was willing to go as far as any gentleman to obtain what appeared to be for the public good; actuated by this principle, he had given up his private opinion on the subject of tonnage, to what appeared to him to be the sense of the Union. He was well satisfied that the discrimination between foreign and domestic shipping would bear hard on the State from which he came, but he submitted to it. After having sacrificed so much, he would not attempt to defeat the bill by standing out for a trifling discrimination between foreigners. He rose only to make this observation, and hoped other gentlemen would give up their private sentiments, when the good of their country required it. Mr. GERRY informed the House, that the Senate had appointed a committee to prepare a plan for accomplishing the end proposed to be attained by the contested clause; he therefore hoped the House would accede. Mr. VINING said, the clause had been carried through the House by a larger majority than there was in the Senate; but he owned the majority had diminished. But then the question did not turn upon the policy of the measure; it was barely whether the bill should be lost or not; yet, even on this question, there was a majority who would prefer losing the bill, rather than give up the principle. He did not understand what gentlemen meant by the term accommodation, as applied in this instance. Was there any thing like accommodation on the part of the Senate? No, they insist peremptorily upon their amendment; they have taken no middle ground on which we could meet them; we must either give up the principle of policy, or lose the bill. They have not even informed the House that they meant to insist upon the principle, by applying for a joint committee, to frame a bill, for carrying it into effect, which they might have done with propriety, as the subject has been so long before both Houses. Perhaps it may be a question whether they have authority to originate a bill of this kind; it is a matter of revenue; and, as such, must be exclusively brought forward by the House of Representatives. He wished to accommodate the business, but it must be on other ground than giving up or abandoning the principle. [JULY, 1789. mous, and the majority here is but small; but, let me ask gentlemen, what is it that produces unani mity there, or has diminished the majority of this branch? It is not that either are averse to take measures for the vindication and support of our national interest. The Senate proceeds on the idea that the measures ought to be more effective, and gentlemen here are afraid of losing all in endeavoring to attain all. But if in this struggle the bill should fall, and the Senate does not adopt what is for the common good, they will be answerable for the consequences. Mr. SHERMAN.-Every gentlemen looks upon this bill as important to the commerce of the United States. Now, if it fails, I take it to be a clear point, that we cannot resume the subject during the present session. I submit it, therefore, to their prudence, whether they ought to agree with the Senate or not. Mr. LAWRENCE requested gentlemen to think what an actual loss the revenues would sustain, besides the disadvantage to our commerce. He said it had been stated, in the course of the debate, that the shipping employed by the United States exceeds 600,000 tons, of which two-thirds are foreign; a duty of fifty cents would bring in a large sum. But admitting, as perhaps was near the fact, that something more than one-third is foreign, it must bring in $124,000. Nor is this all that is to be considered; it will operate as a bounty to that amount, in favor of foreigners, if the bill be not passed. Mr. PAGE would rather lose any bill, than have the doctrine established that this House must submit to the Senate; yet, if it was done in this instance, it would serve as a precedent in future decisions. The danger of losing the bill is an improper argument; it goes to destroy the balance of the Constitution, and might be urged on every occasion when the policy of the measure is unquestionable. This was not his way of forming a decision; if the principles of a bill were just and politic, he would adhere to them at all events. But his principal reason for troubling the House, was to observe that the bill is not in so much danger as is apprehended, because, conformably with the rules of Parliamentary proceedings, a bill is not lost till after a second adherence; but if he was mistaken, he thought the House had better continue their former decision. Mr. GERRY observed, that it would be useless to originate another bill if this clause was insert ed in it; but if it were to be left out, the House might as well save time, and pass it now without it. The question being called for, and the yeas and nays demanded, they were taken as follows: Mr. MADISON.-Those who suppose that the YEAS-Messrs. Ames, Baldwin, Benson, Burke, loss of the present bill will be irreparable, may do Cadwalader, Fitzsimons, Gerry, Gilman, Goodhue, Haright 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 convenient time, for securing the advantages to our own vessels, in as full a manner as is done by the present, about which neither House would differ. It is said, that the Senate are nearly unani man, Sinnickson, Smith, (of Maryland,) Smith, (of South Carolina,) Stone, Sylvester, Thatcher, Trumbull, Tucker, Wadsworth, White, and Wynkoop-31. NAYS-Messrs. Boudinot, Brown, Carroll, Clymer, Coles, Contee, Griffin, Grout, Hartley, Madison, Muh JULY, 1789.] Collection of Duties. [H. OF R. 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 land lying west of the said boundary, and included between the northern boundary of the State of Pennsylvania and Lake Erie. So the question was determined in the affirmative. Mr. GERRY reported a bill for the establishment and support of light-houses, beacons, and buoys, and for authorizing the several States to provide and regulate pilots; which was read the first time, and then the House adjourned. THURSDAY, July 2. The engrossed bill establishing the Treasury Department was read the third time, passed, and sent to the Senate for concurrence. The bill for the establishment and support of light-houses, beacons, and buoys, and for authorizing the several States to provide and regulate pilots, was read the second time, and committed to a Committee of the Whole. COLLECTION OF DUTIES. The House then resolved itself into a Committee of the Whole on the new bill to regulate the collection of duties imposed on goods, wares, and merchandises imported into the United States, Mr. TRUMBULL in the Chair. After some time spent thereon, the committee rose, and asked and obtained leave to sit again. A motion was made to strike out the clause which restricts foreign ships to particular enumerated ports, which occasioned some debate, the substance of which will be found in the former discussion on this subject. The motion was finally withdrawn. Ordered to be referred to Messrs. PAGE, SCOTT, and BALDWIN. On motion, Resolved, That there be prefixed to the publication of the acts of the present session of Congress a correct copy of the Constitution of Government for the United States. This resolution was sent to the Senate for concurrence. COLLECTION OF DUTIES. The House then went into committee on the Collection bill. Mr. CARROLL stated to the committee that the gentlemen from Maryland had met, and endeavored to accommodate the peculiar situation of that State to the principles of the bill, but he was sorry that they could not do it in a satisfactory manner. He reminded them how much the collection depended on the good will of the merchant, and what care ought to be taken to avoid oppressing one part of the Union more than another. There was a leading principle that ought to be established in order to give satisfaction, and that was, to make the regulations general; then no part could complain: but if the ports were variously_restricted, it might tend to create some degree of acrimony towards the Government, among that class of citizens who had warmly patronised it, and upon whom much depended for furnishing it with revenue. He mentioned these general ideas to the committee, and hoped they would be carried along, and have their weight in every future regulation. Mr. FITZSIMONS was well satisfied that the subject 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 vessel enter or unlade but at those ports to which a collector, naval officer, and surveyor, have been appointed." This proposition was also negatived. The committee then proceeded to add several ports to the list, at which foreign vessels might enter, and to make other amendments to the bill. After which they rose, reported progress, and obtained leave to sit again. MONDAY, July 6. The SPEAKER laid before the House a letter from his excellency Beverly Randolph, Governor of Virginia, enclosing an account of the exports and imports of that State for the preceding year, which was referred to the committee appointed to prepare estimates, &c. Mr. PAGE laid before the House the petition of Andrew Ellicott, praying that money may be advanced for defraying his expenses, and to enable him to execute an act of the late Congress, for business to an end. He acknowledged the peculiar situation of the navigation of the Chesapeake and its numerous waters; but he begged gentlemen would not insist upon any extraordinary privileges on that account, if they could avoid it, because it would tend to retard the great work they had in hand; besides, as there was a likelihood of getting considerable revenue from that quarter, they ought to submit to more restraints to secure it, than those ports at which little or no business is done. Several gentlemen contended that a spirit of mutual forbearance and conciliation was indispensably necessary; that concessions and sacrifices must be made to secure the great object in contemplation; and that every indulgence not incompatible therewith, would certainly be extended. The committee then proceeded to the consideration of other clauses, and after some time spent therein, they rose and reported. Adjourned. H. OF R.] Collection of Duties-Western Lands. TUESDAY, July 7. A message from the Senate informed the House, that they had concurred in the resolution for prefixing to the acts of the present Congress a correct copy of the Constitution, and had appointed a committee to act jointly with a committee of this House to examine enrolled bills. COLLECTION OF DUTIES. The House again resolved itself into a Committee of the Whole on the new Collection bill. Mr. TRUMBULL in the Chair. After some time spent therein, the committee reported progress, and obtained leave to sit again. WEDNESDAY, July 8. Mr. PAGE, from the committee to whom the petition of Andrew Ellicott was referred, made a report, which was ordered to lie on the table. COLLECTION OF DUTIES. The House again went into a Committee of the Whole on the new Collection bill. Mr. TRUMBULL in the Chair, and made further progress therein; but, not having got through the same, had leave to sit again. THURSDAY, July 9. Mr. GERRY, from the committee appointed to prepare and report an estimate of the supplies requisite for the present year, and of the net produce of the impost, as agreed to by the House, made a report, which was ordered to lie on the table, and be printed. COLLECTION OF DUTIES. The House, in Committee of the Whole, Mr. TRUMBULL in the Chair, again resumed the consideration of the new Collection bill. Not having got through the bill, the committee again rose and reported progress. The House proceeded to consider the report of the Committee of the Whole on the bill to regulate the collection of duties imposed on goods, wares, and merchandises imported into the United States; and the proposed amendments having been read and amended, were agreed to by the MONDAY, July 13. WESTERN LANDS. The House resolved itself into a Committee of the Whole on the state of the Union, Mr. BOUDNOT in the Chair. Mr. ScoTT requested that the report of the committee on the Western territory might be read, which was read accordingly, as follows: Resolved, That it is the opinion of this committee, that an act of Congress should pass for establishing a Land Office, and to regulate the terms of granting vacant and unappropriated lands in the Western territory. Mr. SCOTT. In endeavoring, sir, to open the interesting subject now before you, I shall avoid the repetition of those ideas which I threw out on a former occasion, as far as my memory will serve me, and the nature of the subject will permit. This subject, sir, will appear of great magnitude in point of interest, if we consider the extent of the territory; I think I shall not be far beyond the mark, if I say it is one thousand miles long to contain two millions of farms; nevertheless, for by five hundred broad; nor if I say it is sufficient 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 peopled by six souls, they will amount to six millions of inhabitants, double the number of the present inhabitants of the United States. From this view, it is an object of great concern. It will appear also an object of concern, if we contemplate the climate, the soil, and the waters of that country; consider that it lies in the heart of the temperate zone; its soil infinitely more rich and more fertile than any in the Atlantic States; its waters pure and good-in a word, it is such a territory as must command inhabitants, and will be peopled. Its situation in the middle of our continent, gives the climate a salubrity that accommodates it to the emigrant from both Northern and Southern States. It is meeting them on a middle ground, softening the harsh restrictions of the rugged North, and breathing bland the zephyr grateful to the sun-scorched South. In short, it is such as gives to all who have seen it the utmost satisfaction-it is both healthy and agreeable. If we consider the sources of wealth in that country, we shall at the present moment view it as a subject of no inconsiderable magnitude. From that country has been drawn, and hereafter may be drawn, considerable quantities of the most valuable exports our country affords; but of this the gentlemen in trade can give you a better account than I shall pretend to do; but I am of opinion the trade, and the furs and peltry it produces, are of great consequence to our commerce. It will appear further, to be a subject worthy of our consideration, if we attend to the profit already derived to the United States from 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 considerable part of the soil, and that far from being the most excellent, has been disposed of, yet the sales amount to 4,936,863 dollars; land for almost five millions of specie dollars has been already sold in that district, a sum amounting to near one-fifth-to more than one-sixth-of the whole domestic debt of America. This treasure, which we possess, has done thus much towards extinguishing a debt bearing hard upon every part of the Union. Have any of the States done as much? Have any of them made an exertion equal to this inconsiderable effort? No, they have not. Have all the States together done as much? No, they are incapable of doing what this wilderness has done. This consideration alone renders it an interesting subject, of immense future consequence, and worthy of the immediate attention of Congress. We may consider further, that besides the sales, we have made satisfactory donations to the officers and soldiers of the late army, which may be fairly carried to swell the account; but, after all this, the parts we have disposed of bear no proportion to the parts yet remaining, and from which money may be drawn. Can we hesitate, then, to call into operation a fund so immense and important to the immediate interests of the United States? If we place it in another point of view, it will also appear a subject in which the United States are deeply engaged, in point of national honor and good faith. The officers and soldiers to whom we made those donations, as a part of the price of their blood, and a reward for their long enduring toils and painful sufferings in the noblest cause, the freedom of their country, are certainly entitled to the fatherly assistance of Congress, in point of protection and government. Can it be thought, without an outrage to humanity, that Congress intended to send them into the wilderness as outcasts from society-that the hand of Government should not be extended to them to protect them in their lives and property-that our gift was an abandonment, was an allurement to draw them without shelter, and leave them devoid of those blessings which their successful efforts have secured to us? My spirit rises indignant at the unjust suspicion. But these are not the only circumstances in which the honor of Congress is engaged to extend its fostering care into that country. It is expressly stipulated by Congress, with the State of Virginia, that the French and Canadians, and other ancient settlers within her cession, should be protected and governed by Congress. These were, among other terms, agreed to by Congress, when the conveyance of that territory was made; and Congress, by that act, plighted the good faith of the Union for the faithful performance thereof. People have gone upon those lands; they have been regularly purchased, and are paid for; they are consequently entitled to look to us for protection in their property. [H. of R. will keep the nation in a perpetual broil with the savages; therefore, the guidance of the United States must go with the settlers, in order to procure the observance of such treaties. This is a further obligation in point of national honor and good faith, under which we lie with respect to that country. I am likewise of opinion that we shall find it a subject of considerable magnitude in point of policy. I presume the first two points will be readily given up, because they are incontrovertibly established by facts; but I feel aware that the point of policy may be contended with me. It may perhaps be objected that the measure now proposed will lead or tend to a depopulation of the Atlantic States, and therefore ought not to be adopted. This is a circumstance I by no means wish. I am as far from desiring a depopulation of the Atlantic shores, as I am from fearing it on this ground. I am confident it will not operate in any considerable degree to bring about that event; but if it should be thought it would, that could be no solid objection against the measure. Whilst the desire of emigration continues, and lands are to be procured, settlers will find their way into that territory; nor is it in the power of Congress to withhold lands altogether, because they are to be got of others on better terms. There is superior encouragement held out to the people settling on the other side of the river Mississippi, where the soil is fertile and the climate equally agreeable. In proof of this assertion, I will read to the committee the translation of a kind of proclamation issued by the Governor of the Spanish posts at the Illinois. [This paper contains an invitation to all persons inclined to settle in the western country, offering as inducements lands without charge, exemptions from taxes, protection in civil and religious liberties, besides provision and the implements of husbandry.] After this Mr. S. proceeded: Now, sir, if Congress fear to sell their lands lest it tend to depopulate the Atlantic States, what must they apprehend from propositions like these? They will certainly have all the effect which encouragement from this quarter can have. It may be said that Americans will not venture to live under the Spanish Government, or settle a Spanish colony. To this it may be replied, that when people, from their necessities or inclinations, are determined to emigrate, in order to mitigate their distresses, they think little of the form of government; all they care for is relief from their present or approaching wants and troubles. Nobody will emigrate from the Atlantic States but a certain description of men, and they will go whether you hold out this encouragement to them or not; they will pay little regard to Congressional restrictions. And here let me make one remark, drawn from my own observation. The forming settlements in a wilderness upon the 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; if the country is settled by a lawless banditti, they requires men of enterprising, violent, nay, discontented and turbulent spirits. Such always are our first settlers in the ruthless and savage wild; they serve as pioneers to clear the way for the more laborious and careful farmer. These characters are already in that country by thousands, and their number is daily increasing, and will continue to increase; for congenial spirits will assimilate maugre all our endeavors to the contrary. But how will you prevent them? I should be glad to see a plan for hemming in the emigration to that territory; I think the thing wholly impracticable, therefore it becomes the immediate interest of Congress to direct the emigration to a proper point; direct it to their own territory, rather than be inactive spectators of its silent, though rapid course to the Spanish and British dependencies; rather sell your lands and get something for them, than let your citizens leave your dominions. By improving a part you add to the value of the remainder; their population will produce a hardy race of husbandmen and warriors, always at the command of the United States, to support and defend your liberty and property. These being facts, I leave it to the wisdom of the House to draw the inference. [JULY, 1789. the present hour; nor doubt but it will continue to pursue that course as long as there are lands to be inhabited. were carried captives and sold at the shambles of Rome; their territory was laid waste, and colonies of children, purchased of their parents, were founded upon their ruin. Was it to be supposed that men would bear this savage barbarity longer than the arm of victory was pressing on them? Is this the manner in which we propose to settle the western country? The comparison is too odious to be insisted upon. Those people, Mr. Chairman, who are there, growing up, must be provided with a government in that country. Perhaps to this it may be objected that they will not long continue in union with us. Perhaps arguments may be brought from the other side of the Atlantic, and we may be told with confidence that an extension of territory is infallibly the ruin of kingdoms. For examples in support of this opinion we may be carried as far back as the eleventh epocha of the Romans, and there we may learn from judicious writers that the weight of the distant provinces brought about the fall of that empire. Now, if I could grant this to be a fact, which I cannot, for I rather attribute that event to the pernicious privileges granted, and the immense sums thrown away on the capital of Constantinople, while the preservation of the ancient city was so difficult, and the division of the empire among the children and nephews of Constantine; but if it could be attributed 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 fertile lands of the Ohio. I ask, with perfect security, if it is not such an act of contumacy, and inconsistency with the fundamental principles of the Government, that Congress could not adopt it? Consider that many of your citizens are destitute of the comforts, nay, the common necessaries of life, without a prospect of providing for the subsistence of themselves and families: I ask, would Congress prevent the emigration of such persons if they could? I think not; they would not act as kind protecting fathers to their people if they did. I presume this would be too serious an objection for any man to face, with a restraining proposition. I question if any man would be hardy enough to point out a class of citizens by name that ought to be the servants of the community; yet, unless that is done, to what class of the people could you direct such a law? But if you passed such an act, it would be tantamount to saying that there is some class which must remain here, and by law must be obliged to serve the others for such wages as they please to give. This being the case, let us make the best of liberty, our people, and our land. Your citizens, I tell you, are already there by thousands; they are going by thousands more, and are every hour growing up into consequence. They never expect to return into the Atlantic States; plant them in your soil, add this wealth of population to your own, and form an empire illustrious as it is extended. Remember, ye sages of my country, an historic truth recorded for your instruction, that empire has been slowly but invariably moving from east to west; emigration has uniformly receded in that direction, from the time that our common parents quitted the garden of Eden till There is a striking difference between the Government of the United States, and that of the Roman provinces. The citizens of the first are bound together in the bonds of equal liberty, and every State possesses within itself independent powers necessary to its support. The wretched inhabitants of the Roman provinces were the abject slaves of their lordly masters, who seldom behaved with moderation; their history is nothing but a series of injustice more or less disguised. Another instance may, perhaps, be drawn from the separation of this continent from Great Britain. Here I would make two remarks: the first is, that the Atlantic ocean, of three thousand miles extent, formed such a natural boundary as to be a reason for separation when we should be prepared for it: the second is, that even this natural boundary did not furnish the reason for our independence. We were driven into that measure by necessity: our separation was brought about by the impolicy and oppressions of Great Britain. She wished to deprive us of the fruits of our industry, by establishing the doctrine of the omnipotence of Parliament, and wanted to attach us to them as provinces of slaves. I will not say, that if a like conduct were to take place on our part, with respect to the Western country, similar effects might ensue; but this can hardly |