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| that the words debts and engagements, here expreffed, would comprehend as well the refidue ftill due to the officers, foldiers, and other original creditors, as the claims of the prefent holders of alienated certificates and that if the conftitution created any ob- ligation concerning debts, &c. it had equal force with refpect to every defcription of creditors. But he apprehended that ftitution did not, by the words expreffed, place any debts allud- ed to in a fituation different from that in which they were previ- ous to its adoption. Great ftrefs, faid he, had been 1 id upon the practice of other nations. It had been frequently afferted, that the meafure pro- poled was without a precedent in any country it had been re- peatedly recommended to us to imitate the Britifh parliament as to meafures touching public credit. |
| We however find, faid he, a caufe was cited yeflerday, by an honorable member from Virginia (Mr. Madifon) in which they made a provifion as to debtors, fimilar to the one now undercon- fideration. If precedent is therefore to influence, we have one from the nation whofe public faith isextolled. But it had been ob. ferved by an honorable member from New York (Mr. Lawrance) that the precedent then cited was not applicable, becaufe, faid the gentleman, the Britifh parliament and Congrefs are bodies very different as to power the former is omnipotent and unlimited as objects of legiflation the latter is not fo, but reftricted and confined by the conftitution which controuls their power That the Britifh parliament can therefore do many acts confiftent with their powers, which Congrefs cannot This obfervation, faid Mr. Seney, does by no means diminifh the force of the precedent becaufe, although Congrefs poffefs not power as to all objects of legiflation fo extenfive as the Britifh parliament, yet, as to objects within their power, they were as much omnipotent as that parlia- ment It not, he conceived, be denied, but that a provifion refpecting public credit was one of thofe objects; with regard, therefore, to the fubject under debate, there can be no difference between the two bodies as to omnipotence. |
| It had been remarked, he faid, by another member from New- York (Mr. Benfon) that the adoption of the amendment would be improper, becaufe it was unfolicited by thofe whom it was de- figned to benefit; and becaufe there was reafon to believe it would meet with difappiobation. |
| The gentleman, he faid, hadinformedus of a refolve of the Cin- cinnati of this State difavowingt plan, and cited their proceed- ings as evidence to prove this difapprobation. In reply to this, he would not then enquire how proper it would be for the commit- tee, in their decifion, to be influenced by any act of the Cincin- nati, or other fociety but believed, if the hiftory of the proceed- ing alluded to was fully known,nothing could be inferred from it to effect that gentleman's purpofe. That he had, fince the pub- lication of their refolve, been informed, that the meeting of the fociety, at the time it paffed, was not a full one that fuch a re- folve was unexpected by many until propofed, and that it paffed without debate, and, as it were, fub filentio that he had fince been informed that feveral of the body fapproved of the refolve, and believed that if a full meeting was had, a different determi- nation wonld be the refult. He had conceived that the worthy members compofing that body had too much experience of their own fufferings to be oppofed to a proviiion in favor of thofe cre- ditors for whom the compenfation was intended, and could not think that fuch a provifion would bedifapproved of by a fociety of the kind in any of the States. |
| It had, upon this occafion, been afferted, faid he, that public opinion fhould have little influence on the conduct of legiflatures. But, notwithltanding the plaufible reafoning he had heard upon that head, he was fatisfied regard was due and muft be had to the opinions of the people, and to their feelings. Government, he faid, was formed for their benefit under the prefentconftituti- on, all the powers of it flow from them as the fource they have the means of carrying into execution their will and under thofe circumftances he could not believe the legiflature ought to be in- different as to their fentiments. |
| Gentlemen, he faid, had founded their oppofition to the amend- ment principally upon the rigid rules ftrictly adhered to in the courts of common law rules which had often been the means of ftifling juftice, to correct the rigour of which legiflatures had often interpofed. Such rules could not be proper fetters for the fu- preme power of government. The hiftory of nations proves that legiflatures are fuperior to them their objects are extentive and in all extraordinary cafes they will make fuch provifions as may be requifite to effect general juftice and equity. The cafe under confideration was certainly one of an extraordinary kind. He could not think that thofe, whofe exertions had refcued them and us from defpotifm and flavery, were ever honeftly paid thofe hard-earned claims they were fo juftly entitled to ; and could not but believe, that as long as thofe claims exifted, there wonld exift a ftigma on the juftice, humanity, and gratitude of this country. Mr. Livermore faid he was againft any difcrimination between the foldier, or other public creditor, who held a public fecurity, and the (peculator who had purchafed one. He faid the fecurities were made payable to the bearer, and confequently transferable, with intent that they might be fold, if convenience or neceffity fhould require it. This had been well underfood by all parties, as well in America as in foreign countries, and fecurities had been fold accordingly. The advocates for difcrimination have not de- nied this they have only alledged that the low rate at which the poor foldier, or other public creditor, had fold their fecurities, was a fufficient reafon for Congrefs to interfere and fet afide the fale. In oppofition to this, Mr. Livermore obferved, that per- fons had a right to buy and fell at fuch prices as they could mutual- ly agree upon, provided there was no fraud. |
| A diamond, horfe, or a lot of ground, might be fold too cheap or too dear, and to might any other property but govern- ment could not interfere without deflroying the general lyftem of law and juftice. Efau had fold his birth-right for a mefs of pot- tage, and heaven and earth had confirmed the fale. The diftreffes of the army, both officers and foldiers. at the time they received and fold their fecurities, had been painted in too ftrong a light. They were not fo emaciated, by ficknefs or famine, as had been reprefented. They were crowned with victory and received with applaufe by their fellow-citizens ; and although they had been paid in'paper,their lofs had beenmade up by large bounties and III other emoluments, fo that, in point of property, they were equal to their fellow-citizens, that had borne the burden of taxes, under which many were laboring to this day Let them be called foldiers, or foldiers, but not POOR foldiers. They ought to be governed by the fame fyftem of juítice that go- verns others; but their contracts ought not to be fet afide out of partiality to them. He faid the cafe quoted from the ftatute of Queen Ann, was not applicable to this cafe, inafmuch as govern- ment had not iginally made the debentures therein mentioned transferable. Neither, he faid, did the cafe of the Canada bills apply; far, as he underftood, thofe bills were paid to Britigh merchants, or others, who had purchafed them. Mr. Livermore concluded, by faying that he fhould vote a- gainft the amendment, becaufe no fufficient reafon had been af- figned that could operate in his mind againft the general fyftem of right. (To be continued.) WEDNESDAY, MARCH 3. |
| Mr. Ames of the committee to whom was recommitted the bill to provide for the remiffion or mitigation of fines, forfeitures and penalties in certain cafes, prefented a report, which was read- On motion of Mr Lawrance the petition of Abraham Skinner, was read the fecond time---and referred to a committe of three. Mr. Sedgwick of the committee on the petition of Jehoiakim Mtochkfin brought in a report which ftated, that the circumftan- in the petition were fub/tantiated---and propofed a refolve that the petitioner fhould be entitled to receive one hundred and twenty dollars of the public Treafury, in full of his claims againft the United States, |
| Mr. Carrol after a few introductory obferva- tions fhewing that feveral members wifhed fur- ther time to digeft the fubject of the affumption of the State debts propofed that the committee of the whole fhould be difcharged from a further attention to that part of the Secretary's report for the prefent, and made a motion to that effect, which was feconded This motion was objected to by Mr. Smith (S. C.) Mr. Lawrance and Mr. Sedgwick-and fupported by Mr. Seney, Mr. White and Mr. Madifon-the latter gentleman propofed an amendment, fo that the committee fhould be difcharged, till the Secretary of the Treafury fhould communicate the information ex- pected from him on the refpecting the re- fources to be appropriated for the purpofe of paying the debts to be affumed This motion was confidered as an indirect method of getting rid of this particular part of the report altoge- ther-and thofe who confidered this part as in feparably connected with all the reft obferved, that if this was paffed over they fhould be totally at a lofs how to act with refpect to the other objects of the report. |
| It was further faid that if this vote was adopt- ed, it would place the State debts in a lefs eligi- efituation than thofe of the continental-when, as it was contended they ftood on equally merito- rious footing-thefe obfervations were concluded with a motion that the committee fhould fufpend the confideration of the whole report, and not have reference to any particular part of it.-All idea of getting rid of the bufinefs as had been fuggetted, was difclaimed by Mr. Carrol-He thought the obfervation uncandid.-Th differ- ence between the State and continental creditors was urged by thofe who were in favor of the mo- tion-and the acts of the old Congrefs to that purport, were cited-It was faid that no idea of oppofition to this motion was expected, as the committee muft fee the propriety of waiting for the requifite information from the Secretary of the Treafury-The queftion on this motion be- ing taken, was negatived. |
| In committee of the whole on the naturaliza- tion bill-the fubject of admitting foreigners to the right of holding lands occafioned confidera- ble debate-it was urged that the power of form- ing a uniform rule of naturalization is vefted in Congrefs by the conftitution exclufively-and cannot reft in the States, without involving the greateft abfurdity-as every State has its parti- cular mode-from which every difficulty was experienced-It is therefore neceflary that Con- grefs fhould determine upon a rule which fhould operate equally through all the States and go to effecting complete citizenfhip.-In reply to thefe obfervations it was faid that the mode of admiffion to citizenfhip only, could be uniform ; that Con- grefs cannot interfere with the laws and regula- tions of the feveral States-their power extends only to the rule, but the fubfequent parts of ci- tizenfhip muft depend on the regulations of the refpective States-when a foreigner is natural- ized, he will immediately enquire what rights he becomes entitled to by virtue of his new charac. tcr-on motion |
| The fecond and third fections which related to foreigners holding lands were ftruck out.-The committee having proceeded through the difcuf- fion, rofe andreported the bill with amendments -and the Houfe ordered the fame to be engrof- fed for a third reading.-Adjourned. |
| THURSDAY, MARCH 4. Mr. Contee took his feat this day. The bill providing a uniform rule of na- turalization, was brought in engroffed-read the third time, and paffed to be enacted. The bill providing for the remiffion or mitiga- tion offines, forfeitures, and penalties, in certain cafes, was read the fecond time, and referred to the committee of the whole houfe, to be taken up to morrow. |
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| The committee proceeded further in the dif- cuffion of this bill-but rofe without compleating it-and the chairman reported progrefs. |
| A report was received from the Secretary of the Treafury, purfuant to orders from the Houfe, and read. |
| Several petitions were read and committed. In committee of the whole on the bill to pro- mote the progrefs of the ufeful arts. The bill was read, and difcuffed in paragraphs. The claufe which gives a party a right to appeal to a jury from the decifion of referees, it was moved, fhould be ftruck out. This motion was oppofed, as depriving the citizen of a right to which he is entitled-as improper in itfelf, as caufes of very great magnitude may be depending, which it may be highly improper to fubmit to the decifion of three men only, two of which may be fo different- ly interefted, as never to agree-fo that the deci- fion may finally refult from the influence of the perfon nominated by the Secretary of State. On the other hand it wasfaid, that it appears highly improper that juries fhould be called tojudge up- on matters that they may not be fuppofed com- petent to forming a judgment of-thefetrials will always relate to matters of invention, &c. of which three perfons may be found with much greater eafe who are competent to judge, than twelve-that the right of trial by juries is not univerfal-and in the prefent cafe there will be a much greater probability of having juf- tice done by arbitrators, who are men of fcience, &c. The motion for ftriking out was carried in the affirmative. |
| FRIDAY, MARCH 5. |
| Mr. Fofter of the committee on the memorials of the people called quakers refpecting the flave trade brought in a report, which was read. Mr. Gerry prefented a petition from Catha- rine Greene—relict of the late Major General Greene-which was read. |
| Mr. Scot moved that the memorial of Richard Wells and J. Hart refpecting the old paper mo. ney, fhould be referred to the committee of the whole Houfe. |
| The queftion being taken the motion was ne- gatived--- was then moved that it be referred to a felect committee of ten members-which paf- fed in the affirmative. A memorial was prefented by Mr. Tucker from the officers of the South-Carolina line of the late army. |
| In committee of the whole on the bill for the remiflion, or mitigation of fines, penalties and forfeitures in certain cafes-the bill was read, and having made one amendment the committee rofe, and reported the fame to the Houfe, who ordered the bill to be engroffed for a third read- ing. |
| In committee of the whole on the bill to pro- mote the progrefs of the ufeful arts-Sundry a- mendments were made in this bill, which were reported to the Houfe, thefe amendments with feveral others were agreed to, and incorporated in the bill, which was ordered to be engroffed for a third reading on Monday next. A meffage from the Senate informing that they have paffed an act to accept of the ceffion of cer- tain lands in the Weftern Territory, made by the State of North Carolina-Alfo,that they have pafled refolve, for giving further inftructions to the collectors of impoft in the United States, in which they requeft the concurrence of the Houfe. |
| The bill to provide for the remiffion, or mi- tigation of fines, forfeitures and penalties was bronght in engroffed, readthe third time, and or- dered to lie on the table. The act and refolve received from the Senate were then read. The petition of Mrs. Greene was read a fecond time, and referred to a committee of five. The report of the committee on the letter from the commiffioners on accounts, refpecting the fa- laries of the Clerks in their office was read---A motion for recommitting this report, and inftruct- ing the committe to bring in a bill purfuant there- to, occafioned confiderable debate refpecting the difference between a refolve and a law-the mo- tion for recommitting paffed in the affirmative- the fubject of the fouth weftern frontiers being moved for-the galleries were fhut. Adjourned till Monday. |
| " TREASURY DEPARTMENT, March 4, 1790. In obedience to the Order of the Houfe of Representatives, of the Second inft. The Secretary of the Treafury refpectfully reports, THAT in opinion, the fundsin the firft inftance requifite to- wards the payment of intereft on the debts of the individual according to the modifications propofed by him in his report of the ninth of January paft, may be obtained from the following ob- jects |
| An increafe of the general product of the duties on goods im- ported, by abolifhing the difcount of ten per cent. allowed by the fifth fection of the Act for laying duty on goods, wares, and mer- chandize, imported into the United States, in refpect to goods im- ported in American bottoms, and adding ten per cent. to the rates fpecified, in refpect to goods imported in foreign bottoms, with certain exceptions and qualifications This change, without im- pairing the commercial policy of the regulation, or making an in- convenient addition to the general rates of the duties, will occafion an augmentation of the revenue little fhort of two hundred thou- fand dollars. |
| An additional duty on imported fugars. Sugars are an object of general confumption and yet conftitute a fmall proportion of the expence of families. A moderate addition to the prefent rates would not be felt. From the bulkinefs of the article too, fuch an addition may be made with due regard to the fafety of collection. The quantity of brown and other inferior kinds of fugar import- ed, appears to exceed twenty-two millions of pounds, which at a half cent per pound, would produce one hundred and ten thou- fand dollars. Proportional impofitions on foreign refined fugar, and proper diawbacks on exportation, ought of courfe to indem- nify the manufacturers of this article among ourfelves. Molaffes, being in fome of the States a fubititute for fugar, a fmall addition to the duty on that article, ought to accompany an increafe of the duty on fugar. This, however ought to be re- gulated with proper attention to the circumitance, that the fame article will contribute largely in the fhape of diftilled fpirits. Half a cent per gallon on molaffes, would vield an annual fum of thirty thoufand dollars. Our diftillers of fpirits from this mate- rial, may be compenfated, bya proportional extenfion of the du- ty imported fpirits. |
| Snuff, and other manufactured tobacco, made within the Uni- ted States Ten cents per pound on the Snuff, and fix cents on other kinds of manufactured tobacco, would be likely to produce annually, from ninety to one hundred thouland dollars. From as good evidence as the nature of the cafe will admit, the quan- tity of thefe articles manufactured in the United States, may be computed to exceed a milion and a half of pounds. The impo- fition of this duty would require an increafe of the duty on im- portation, and drawback on exportation, in favor of the manu- facture. This being an abfolute fuperfluity, is the faireft object of revenue that can be imagined, and may be fo regulated, as in no degree, to injury either the growth, or manufacture of the com- modity |
| Pepper, pimento, fpices in general, and various other kinds of groceries. Thefe articles will bear fuch additional rates, as may be eftimated to yield fum of not lefs than thirty thoufand dollars. |
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