JUNE 14, 1790.] Distilled Spirits. [H. OF R. NAYS.-Messrs. Ashe, Baldwin, Brown, Blood-ties heretofore laid on spirits of foreign manuworth, Carroll, Cadwalader, Contee, Clymer, Coles, facture, and for laying others in their stead, Mr. Fitzsimons, Gale, Griffin, Gilman, Grout, Hartley, SENEY in the chair. Heister, Madison, Moore, P. Muhlenberg, Matthews, Page, Parker, Seney, Steele, Scott, Sinnickson, Stone, Vining, Williamson, Wynkoop, White.-31. On motion of Mr. HARTLEY, the House took up the resolution for holding the next session of Congress at Philadelphia. The committee proceeded in the discussion of the bill, and finished it; they then rose, and the Chairman reported the same to the House, with sundry amendments. Mr. SEDGWICK made some objections to entering into a consideration of the amendments Mr. BLOODWORTH withdrew his motion for proposed to this bill. He wished that the quesstriking out Philadelphia and inserting Balti-tion of assumption should be first decided upon. Mr. SHERMAN was in favor of finishing the more. more. Mr. BURKE renewed the motion for Balti-bill at this time. He wished and expected that the assumption would be taken up before the close of the session; and said, it may be made the subject of a separate bill. The question for striking out Philadelphia and inserting Baltimore, after some debate, was determined by yeas and nays as follows: YEAS.-Messrs. Ames, Benson, Bloodworth, Burke, Floyd, Foster, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Jackson, Lawrence, Leonard, Livermore, Partridge, Rensselaer, Sedgwick, Seney, Sherman, Sylvester, Smith, of Maryland, Smith, of S. C., Stone, Sturges, Sumter, Thatcher, Trum bull, Tucker, Wadsworth.-31. NAYS.-Messrs. Ashe, Baldwin, Brown, Cadwalader, Carroll, Clymer, Coles, Contee, Fitzsimons, Gale, Gilman, Griffin, Hartley, Heister, Lee, Madison, Matthews, Moore, P. Muhlenberg, Page, Parker, Scott, Sinnickson, Steele, Vining, White, Williamson, Wynkoop.-28. On the question on the main resolution as amended by the insertion of Baltimore, the yeas and nays were as follows: YEAS.--Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Contee, Floyd, Foster, Gale, Gerry, Goodhue, Griffin, Grout, Hartley, Hathorn, Heis. ter, Huger, Huntington, Jackson, Lawrence, Leonard, Livermore, Madison, Matthews, Moore, P. Muhlenberg, Page, Parker, Partridge, Rensselaer, Scott, Sedgwick, Seney, Sherman, Sylvester, Sinnickson, Smith, of Md., Smith, of S. C., Steele, Stone, Sturges, Sumter, Thatcher, Trumbull, Vining, Wadsworth, White.--53. NAYS.-Messrs. Fitzsimons, Gilman, Schureman, Tucker, Williamson, Wynkoop.--6. Mr. BLOODWORTH offered several objections to the bill. Mr. MADISON was in favor of finishing it. who are for delaying the passage of this bill, do Mr. FITZSIMONS observed, that the gentlemen not explicitly object to the mode pointed out for raising the additional revenue; they do not say, that if this plan is rejected, they will agree to substitute other objects of revenue; so that those who are in favor of providing the ways and means to carry into effect the funding system are embarrassed how to proceed. If the gentlemen will be explicit, and declare that if the proposed duties are not taken by the General Government, they will point out and agree present, it is utterly impossible to determine, to others, we shall know what to do; but, at from their mode of procedure, what their object is. Mr. SEDGWICK replied to Mr. FITZSIMONS. He said, for his own part, he had always aimed to be open and explicit on this subject; and that he was now ready to declare, that, on the principle of not assuming the State debts, the duties contemplated by the bill would be impolitic and unjust; they will operate in a most inauspicious manner, both with respect to the creditors of the States, the tranquillity of the State Governments, and the peace and honor of the General Government. This had been, he said, the invariable tenor of his observations on this subject, from the first to the last. Mr. STONE read a statement which he had prepared, containing several duties on imposts and tonnage, in addition to those already laid, and some new ones, which he supposed might be substituted in lieu of the excise proposed in the bill, to which he was opposed. Mr. GERRY was opposed to proceeding in the consideration of the bill. He wished it might lie for a few days, till the House could possess themselves of the opinion of the Senate, whom, he had been informed, now had the subject of assumption under consideration. Mr. FITZSIMONS replied to Mr. GERRY. He thought it a very extraordinary proposition that the House should wait for the determination of the Senate upon any subject, more especially a question of this kind; besides, he very much doubted the right of the Senate to originate any thing on the business of the assumption; but we are not to decide hastily, said he, because a majority may determine differently from what some gentlemen appear to wish should take place. I would ask, said he, how this Legislature is ever to go on with the important business before them, except they are to abide by the decision of the majority. Some gentlemen appear to be opposed to the principle of the bill; others are opposed to all duties except the State debts are assumed. Let us reflect on our situation, provided no provision is to be made for the domestic debt of the United States. He hoped the consideration of the bill would be delayed no longer. He [JUNE 16, 1790. in the chair. Some progress was made in the bill; but the Committee rose and had leave to sit again. A message from the Senate informed the House that they have passed the act for extending the Judicial law of the United States to the State of Rhode Island, with one amendment, which was to reduce the salary of the District Judge from one thousand to eight hundred dollars. This amendment was agreed to. TUESDAY, June 15. WEST POINT. Mr. LAWRENCE, from the committee appointed for the purpose, presented a bill authorizing and empowering the President of United States to purchase such a part of the tract of land at West Point as the public service may render necessary, which was twice read and committed. GENERAL POST-OFFICE. The House again went into a Committee on the bill to establish the Post-Office and PostRoads within the United States, Mr. BOUDINOT Mr. GERRY replied to Mr. FITZSIMONS. contended that the Senate had a right to orig! nate the business of the assumption, and that it had been customary for that House to wait for the decision of the Senate, when they had been informed that they were on a subject which the House had contemplated taking up; he declared, that no man realized more than he did the importance of funding the public debts; but then he wished the system to be commensu-in the chair. rate to the object; to be impartial, liberal, and just. On the question to take up the report of the Committee, Mr. VINING moved for the Yeas and Nays, which being called, were as follows: The section which prohibits passengers from carrying letters, under a penalty of three times the postage, was objected to, as impracticable in itself. It was moved that it should be expunged. Mr. LIVERMORE, who was one of the committee, observed, that this section was introduYEAS.--Messrs. Ashe, Baldwin, Brown, Cadwala-ced to prevent the diminution of the revenue der, Clymer, Contee, Fitzsimons, Floyd, Foster, from the Post-Office. The mail is now carried Gale, Gilman, Griffin, Hartley, Heister, Jackson, in stage coaches, in which there are generally Livermore, Madison, Matthews, Moore, Schureman, several passengers, sometimes as many as six, Seney, Sherman, Sinnickson, Smith, of Md., Stone, and it is supposed that many more letters go by Sumter, Vining, White, Wynkoop, Williamson. the passengers than by the mail; it is to be supNAYS.--Messrs. Ames, Bloodworth, Boudinot, posed that most persons would wish to be exBurke, Coles, Gerry, Goodhue, Grout, Huger, Law-cused from the trouble of carrying these letters, rence, Leonard, Page, Partridge, Parker, Rensselaer, and if this section passes, they will be furnishSedgwick, Sylvester, Smith, of S. C., Steele, Stur-ed with an excuse for not taking them; and it ges, Thatcher, Trumbull, Tucker, Wadsworth.--24. The House then took up the amendments proposed, and agreed to the same. Other amend -30. ments were made. The clause which imposes a duty on stills was objected to by several gentlemen, and after some conversation on the subject, it was agreed that the bill should lie on the table. Mr. FITZSIMONS laid the following resolution on the table, viz: Resolved, That from and after the last day of next, the duties heretofore laid on teas and coffee shall cease, and that the following be laid in their stead, viz: On Bohea tea, 12 cents per Ib. Souchong and other black teas, 20 cents. Other green teas, 24 cents. Coffee, 5 cents. GENERAL POST-OFFICE. The House then went into a Committee on appears very unreasonable and absurd that the public should pay the proprietors of the stages for transporting the mail, and in this way be defrauded out of that revenue which they are undoubtedly entitled to receive. Mr. WHITE and Mr. GERRY were in favor of striking out the clause. Mr. SEDGWICK and Mr. SHERMAN in favor of it as in the bill. The motion for striking out was negatived. The committee proceeded as far as the 21st section, and then rose and reported progress. WEDNESDAY, June 16. JOHN SEVIER, another member from North Carolina, appeared and took his seat. A message from the President of the United States was received with the ratification of the Constitution of the United States, by the State of Rhode Island. GENERAL POST-OFFICE. The House again resolved itself into a Comthe bill to establish the Post-Office and Post-mittee on the bill to establish the Post-Office Roads within the United States, Mr. BoUDINOT and Post-Roads, Mr. BOUDINOT in the chair. JUNE 18, 1790.] Duty on Spirits. [H. OF R Sundry other amendments were made to the bill, which being gone through, the Committee reported to the House. The House took the amendments into consid-Post-Office a great burden on the United States. eration. The first amendment respected the particular routes to the various parts of the United States, by which the mail is to be carried. Several alterations were made in two sections, on motion of individual members. Mr. SEDGWICK observed, that it was impossible for every particular member perfectly to understand the reasons on which a variety of alterations had been agreed to. He instanced the establishment of roads to several places, which run nearly parallel. Gentlemen, said he, who move for different establishments, may fully understand themselves in the motions they make; but, for his own part, he confessed, that he could give as good a reason for his negative as his affirmative, on several that have been adopted. He therefore moved that the two first clauses should be struck out, and offered a clause as a substitute, which was to authorize the Postmaster-General, with the approbation of the President of the United States, to establish the Post-Roads from Wiscassett in Massachusetts, to Savannah in Georgia. This motion was objected to by Mr. HARTLEY, Mr. LIVERMORE, Mr. WHITE, and Mr. GERRY. It was observed, that a similar clause had been rejected by the Committee of the whole, when the first bill was before them. It was further said, that it cannot be supposed that the Postmaster-General, relative to this particular object; for he very much apprehended that the roads already agreed to would render the These observations were followed by a motion for an adjournment, which took place. U. STATES AND INDIVIDUAL STATES. Mr. FITZSIMONS, from the committee to whom was committed the engrossed bill to provide for the settlement of the accounts between the United States and the individual States, reported an amendatory bill, which was twice read and committed. GENERAL POST-OFFICE. The House resumed the consideration of the report of the Committee of the whole on the bill which being gone through, the bill was ordered to establish the Post-Office and Post-Roads, to be engrossed for a third reading. FRIDAY, June 18. the Postmaster-General knows what routes are most eligible, better than many of the members; the constitutionality of the motion was doubted. Those in favor of the motion stated the difficulties which would probably arise upon the present plan; if a road is established which is On motion of Mr. FITZSIMONS, the House refound on trial to be improper, it will be diffi-sumed the consideration of the bill for repealing cult to alter it; and at any rate it cannot be done without an act of the Legislature. certain duties heretofore laid on foreign spirits imported, and substituting others in their stead. The question was on engrossing the bill for a third reading. Mr. STONE moved for a recommitment to a select committee, who were to be instructed to report a plan of ways and means, agreeable to a resolution laid on the table a few days since. This motion was negatived. In reply to the objection of the unconstitutionality of the motion, it was said, the motion goes no further than delegating a power to an executive officer, consonant to the office which he sustains, instead of the House attempting to exercise that power, when it does not appear that it can be exercised by them; besides, if the discretionary power is unconstitutional, there are several other parts of the bill which are unconstitutional; for the power of establishing such extra roads as to him may appear necessary, is vested in the Postmaster-General. If the House mean to avoid a great deal of unnecessary business, which will probably come before them in petitions to abolish old roads, and establish new ones, the proposition appears necessary. The motion was negatived by a great major-ed, that he should think himself obliged to vote ity. Mr. FITZSIMONS proposed a clause enabling the proprietor, importer, or consignee, to make a deposite of part of the dutied articles as a security for the duties in lieu of additional bonds. This was agreed to. Mr. PARKER moved that the bill should be referred to the Secretary of the Treasury, with instructions to report a system of ways and means, exclusive of an excise. Mr. P. observ against the bill in its present form; but if the excise is disposed of, he would give to a bill providing the ways and means all the support in The amendment of the first and second sections were agreed to. Several new roads were proposed to be added; when Mr. BOUDINOT ob-his power. served, that he plainly perceived it would be necessary to vest some discretionary power in This motion was seconded by Mr. BLOODWORTH, but after some debate was negatived. H. OF R.] United States and Individual States. A motion made by Mr. GERRY for striking out the two sections which provide for laying an excise, occasioned considerable debate, and was finally determined by yeas and nays, as follows: YEAS.--Messrs. Burke, Coles, Gerry, Goodhue, Griffin, Grout, Huger, Heister, Moore, Muhlenberg, Page, Parker, Sedgwick, Smith, of S. C., Steele, Sumter, Thatcher, Tucker, White.--19. NAYS.-Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, Boudinot, Brown, Cadwalader, Carroll, Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Hartley, Hathorn, Huntington, Jackson, Lawrence, Leonard, Livermore, Matthews, Rensselaer, Scott, Seney, Sevier, Sherman, Sylvester, Sinnickson, Stone, Trumbull, Wadsworth, Wynkoop, Williamson.-35. Sundry other amendments were proposed, some of which were adopted, others negatived. It being late, the question for engrossing was not put, and the House adjourned. MONDAY, June 21. POST-OFFICE BILL. [JUNE 21, 1790. Mr. JACKSON was also in favor of coming to an ultimate decision on the bill. Mr. GERRY said, if there is a majority of the House who are determined to reject the bill, he could not see of what use it was to have it engrossed. Mr. FITZSIMONS said, he had observed, that if this bill should be rejected, there would be great difficulty in finding other resources. He wished that the House would now decide upon it. Mr. VINING spoke in favor of the bill, and was for trying the strength of the House on the question, and in that view was in favor of calling the yeas and nays. The question on engrossing the bill was determined in the negative, as follows: tee, Fitzsimons, Floyd, Foster, Gale, Gilman, Griffin, Hartley, Heister, Lee, Livermore, Madison, P. Muhlenberg, Seney, Sherman, Sinnickson, Smith, of Md., Vining, White, Williamson.-23. YEAS. Messrs. Brown, Cadwalader, Carroll, Con NAYS.-Messrs. Ames, Ashe, Baldwin, Benson, Bloodworth, Burke, Coles, Gerry, Goodhue, Grout, Hathorn, Huger, Huntington, Jackson, Lawrence, The engrossed bill to establish the Post-Of-Leonard, Matthews, Moore, Page, Parker, Partridge, fice and Post-Roads within the United States Rensselaer, Scott, Sedgwick, Sylvester, Smith, of was read the third time and passed. The House resumed the consideration of the bill for repealing certain duties heretofore laid on foreign spirits imported, and substituting others in their stead. The question being on engrossing the bill: Mr. STONE observed, that no man could be more in favor of making provision for the debt of the United States than himself; but the present bill pointed out a mode which he conceived to be the worst that could be devised; the most exceptionable, and would turn out the most unproductive. He should therefore vote against the bill, on a full conviction that other funds, entirely unexceptionable, might be found, and which might be contained perhaps in a quarter of a sheet of paper. He said he should call for the yeas and nays. Mr. CARROLL observed, that as so much time had been taken up in maturing the bill, he hoped that it would be ordered to be engrossed; the business is of very great importance, and ought now to be finished. He wished, therefore, that the yeas and nays might not be called in the present stage of the bill, as it would not, he conceived, answer the purpose intended by the gentleman. Mr. STONE withdrew his motion. Mr. BLOODWORTH renewed the motion, but afterwards he withdrew it. Mr. PAGE said, he hoped the yeas and nays would be called. Sumter, S. C., Sevier, Steele, Stone, Sturges, Thatcher, Trumbull, Tucker, Wadsworth.-35. By this vote, the bill, of course, was lost. On motion of Mr. FITZSIMONS, a committee the interest on the debt of the United States.was appointed to devise a plan for payment of Messrs. FITZSIMONS, MADISON, SEDGWICK, SHERMAN, and TUCKER, were named as the committee. UNITED STATES AND INDIVIDUAL STATES. The House then again went into a Committee on the bill to provide for the settlement of the accounts between the United States and the individual States, Mr. SENEY in the chair. Mr. FOSTER moved that the provision for two additional commissioners should be struck out. Mr. LAWRENCE objected to the motion. He observed, that very extensive powers were given to these commissioners; the objects on which they are to decide are of the utmost importance; and he thought that five commissioners would give more satisfaction to the people than three. Mr. LIVERMORE was in favor of the motion. He thought the business would be procrastinated in proportion to the number. Three have been thought sufficient; nothing new has been offered to show that any more are necessary. If the number were increased to sixty, he thought it would only embarrass the more; he considered the addition as an indirect impeachment of the gentlemen now in office; he had never heard any fault found with them; he believed they were competent to the business. If we make the addition, what has been done may all be lost labor. If three would finish the business in three years, he had no doubt that five would take five years. Mr. WILLIAMSON said, he differed from the Indian Tribes. [H. of R. The Committee rose and reported the bill with the amendments. The House took up the bill. The amendment respecting the clerks was objected to by Mr. SENEY; it was, however, agreed to by the House. JUNE 22, 1790.] gentleman last up in respect to the addition to the board being an impeachment or imputation on the gentlemen now in office. The powers proposed to be vested are much more extensive than those by the former bill, which renders it expedient that the number should be increased, that more accurate information from various Mr. JACKSON moved that the clause deterparts of the Union may be collected. He said, mining the rule of apportionment, in the followhe had the highest opinion of the present com-ing words-The rule for apportioning to the missioners; they were gentlemen whose abili- States the expenses of the war, shall be the same ties were undoubtedly respectable; but he could that is prescribed by the Constitution of the not conceive that their abilities or importance United States for the apportionment of reprewould be lessened or depreciated by the pro-sentation and direct taxes, and according to the posed addition. first enumeration that shall be made," should be struck out; and called for the yeas and nays, which were as follows: Mr. LIVERMORE made some reply to Mr. WIL LIAMSON. The motion for striking out was negatived. On motion of Mr. SHERMAN, the sixth section was amended to read thus: YEAS.-Messrs. Ashe, Baldwin, Floyd, Foster, Gilman, Hathorn, Jackson, Lawrence, Livermore, Sedgwick.--10. NAYS.--Messrs. Ames, Benson, Bloodworth, Boudinot, Brown, Burke, Cadwalader, Carroll, Coles, Contee, Fitzsimons, Gale, Goodhue, Griffin, Grout, Heister, Huger, Huntington, Leonard, Madison, "That the States who shall have balances placed to their credit on the books of the Treasury of the United States, shall within after the same shall have been credited, be entitled to have them funded upon the same terms as the other debts of the Uni-Muhlenberg, Moore, Page, Partridge, Rensselaer, ted States." Williamson.--45. Schureman, Scott, Seney, Sherman, Sylvester, SinMr. SMITH, of South Carolina, moved that nickson, Smith, of Maryland, Smith, of South Carothe clause which deprives the States of the pow-lina, Sevier, Steele, Stone, Sturges, Sumter, Thater of transferring the debts due to them from cher, Trumbull, Tucker, Vining, Wadsworth, White, the United States should be struck out. He observed, that he could see no reason for the prohibition; it appears absurd that a State should" not have it in its power to transfer its demands against the United States to its creditors. He wished that gentlemen would assign the reasons for the clause. A clause was proposed by Mr. TUCKER, for continuing the salaries of the commissioners to the day of - although the accounts should be settled prior to that period.” The first part was agreed to; from the word "although" to the end was negatived. be." Mr. SEDGWICK said, he would give the reaA motion was made by Mr. STEELE to amend son; it was to prevent increasing the demands the clause which respects the claims of the against the United States, in the hands of for-States, to strike out the word "was" before the eigners; this was a desirable object, and ought word exhibited, and to insert the words "shall to be attended to as far as possible. In respect This motion was negatived. The bill to the domestic debt, it was to be lamented that was then ordered to be engrossed for a third so much of it was in the hands of foreigners. reading to-morrow. This, however, could not be prevented; but with respect to the present case, it may be done without any injury whatever; and, therefore, we ought to extend the prohibition as far as we can consistent with justice. Mr. SHERMAN spoke against the motion. Mr. SMITH Supported his motion. He showed the inconvenience and expense that would attend the double operation of the States' first receiving their interest, and then paying it to their creditors. He further observed, that it was treating the States like children; individuals may transfer their demands, but the States are not so to be trusted. He added other remarks, when the question being taken the motion was lost. Mr. SEDGWICK then moved that the clause be amended to read-"and no debt due to any particular State shall be transferable." This was agreed to. The clause which provides for paying the clerks $500 from the time of their appointment was amended by striking out the last words"from the time of their appointment." TUESDAY, June 22. The engrossed bill to provide for the settlement of the accounts between the United States and the individual States was read the third time, and passed. Mr. GOODHUE, from the Committee appointed for the purpose, presented a bill imposing duties on the tonnage of ships or vessels, which was twice read, and committed. Mr. WILLIAMSON, from the Committee to whom was recommitted the bill for giving effect to the act providing for the enumeration of the inhabitants of the United States, in respect to the State of Rhode Island, reported sundry amendments, which were laid on the table. INDIAN TRIBES. The House resolved itself into a Committee of the whole on the bill to regulate intercourse with the Indian tribes, Mr. BOUDINOT in the Chair. The Committee proposed several amend ments to the bill, which were reported to the House, and agreed to. Mr. SHERMAN then moved that the fourth |