Wednesday, February 8.
A message was received from the President of the United States, together with a statement of certain articles of expense, which have occurred in the Department of Foreign Affairs, and for which no provision is made by law. [The expense alluded to was incurred for the relief of a number of American sailors, impressed in England to serve on board the British navy.] The message and accompanying papers were referred to a select committee, to examine and report.
The Speaker laid before the House a letter from the Secretary of War, accompanying certain communications with the Executive of Virginia relative to the existing temporary defensive protection of the exposed frontiers of that State, pursuant to the orders of the President of the United States; which were read, and ordered to lie on the table.
Mr. White, from the committee appointed, presented a bill providing for the settlement of the claims of persons under particular circumstances barred by the limitations heretofore established; which was read twice and committed.
Mr. Benson, from the committee to whom was referred the report of the Secretary of the Treasury on the petition of Comfort Sands, and others, made a report; which was read, and ordered to lie on the table.
The Cod Fisheries.
The House again resolved itself into a Committee of the whole House, on the bill sent from the Senate, entitled "An act for the encouragement of the Bank and other Cod Fisheries, and for the regulation and government of the fishermen employed therein."
On a motion to strike out the words "bounty now allowed," and insert allowance now made, &c.—
Mr. Giles observed, that he conceived the vote of yesterday against striking out the first section, was a decision in favor of the policy of granting Governmental aid to the fisheries; the inquiry of to-day will be on what terms this aid shall be granted? He felt but little regret at the decision of yesterday, because he had himself previously contemplated some reasons, not unimportant, to justify that decision, and others had been suggested by several gentlemen in the course of the debate. The principles of this policy, he thought, however, might be combated by reasons of at least equal, and as far as he was able to judge, of paramount importance; but as he admitted considerable weight in the reasons on each side of the question, he was not particularly tenacious of the preference which his own opinion suggested. When he first mentioned his doubts respecting the principle of the bill, it was with diffidence, and those doubts in some measure arose from an idea that the bill contained a direct bounty upon occupation; upon a more minute examination, he thought the term bounty unnecessarily introduced into the bill, and that the object of it could be answered without the use of terms, which might hereafter be deemed to contain a decision upon the general principle of the constitutional right to grant bounties; it was to avoid any thing which might wear the appearance of such a decision, that induced him to make the present motion.
He proceeded to remark, that as great a difference of opinion often existed respecting the precise meaning of the terms used, as the consequences which flow from them after attaining such precision of meaning; and it is of importance to the present discussion that an accurate definition of the terms used in the bill, and those proposed to be used, should be had. The avowed object of the bill is not to increase, but to transmute the sum, or a portion thereof, now allowed to the fisheries in lieu of the drawback upon salt, from the merchant who is now supposed to receive the sole benefit, to the fishermen really employed in the fishing vessels. This is a mere chimerical project, but if it be admitted that this is the object to be effected by the bill, the term bounty is improperly applied.
A gentleman from Massachusetts, (Mr. Ames,) who rests the defence of this bill almost solely upon this position, that those who receive the benefit intended by it, are of right entitled to such benefit in consideration of a previous advancement in value, and that this bill contains a mere permission to them to retain their own, has at the same time declared, that he thought the term bounty the most proper and technical, to convey this idea. In this, the gentleman appears to have deviated from his usual accuracy. A bounty is the granting a benefit without a correspondent return in value; a drawback is the retaking of something in consideration of a previous advancement; this is always founded upon a consideration previously received—that is a grant of favor ex mero motu. But the great characteristic distinction between bounties and drawbacks as they essentially relate to the administration of this Government consists in the governmental objects to which they may severally be applied: drawbacks are necessarily confined to commercial regulations; bounties may be extended to every possible object of Government, and may pervade the whole minutiæ of police. They may not only be extended to commerce, but to learning, agriculture, manufactures, and even the sacredness of religion will be found too feeble to furnish complete protection from their influence. The people of the United States have always been scrupulously tenacious of a constitutional security for the most free and equal exercises of this right, but through the medium of bounties, even this right may be invaded, and the only security against such invasion must be governmental discretion. The same characteristic distinction will attend that species of bounty which may incidentally result from commercial regulations; and direct bounties upon occupation founded upon the broad basis of discretionary right. The specification in the constitution of the right to regulate commerce, may possibly in some cases give rise to this indirect species of bounty, not from any right in the constitution to grant bounties, but as the necessary result from the specified right to make commercial regulations; and this specification can be the only foundation of justification to this indirect species of bounty; but there is no specification in the constitution of a right to regulate learning, or agriculture, manufactures, or religion, and so far as the sense of the constitution can be collected, it rather forbids than authorizes the exercise of that right.
Arguments used to deduce any given authority from the term general welfare, abstractedly from the specification of some particular authority, are dangerous in the extreme to rights constitutionally reserved, and ought ever to be viewed with great caution and suspicion. They serve directly to show that this Government is not only consolidated in all its parts, but that it is a consolidated Government of unlimited discretion; that it contains no constitutional limitation or restriction. If any given authority be inferred from the term general welfare in the abstract, any other authority is equally deducible from it, because the term is applicable to every possible object of Government, and differs only in degree, as to the several Governmental objects.
He could not see the force of the novel and curious distinction taken by a gentleman from Connecticut (Mr. Hillhouse) between general welfare and particular welfare; for every particular welfare, however minute, may be in a degree for the general welfare, and if the decision respecting the existence of this distinction, have no other limitation than Congressional discretion, it is equally destructive of all constitutional restraint. Gentlemen who have advocated this principle of construction, appear startled at some consequences suggested to result from it, and have denied that they have made the admission of such consequences. This is true, nor have those in reply so asserted, but they have taken up the principles of construction furnished by its advocates, and made the application of it to the consequences which they themselves infer; and if the principle be admitted, it is undeniable that the conclusions drawn from it will necessarily follow in their utmost latitude.
A gentleman from South Carolina (Mr. Barnwell) confidently spoke of the inherent rights of this Government; this is a new source of authority, and totally inapplicable to this Government. If there be inherent rights in governments at all, they must belong to governments growing out of a state of society, and not to a government deriving all its authorities by charter from previously existing governments, or the people of those governments. In such a government, the exercise of every authority not contained in the instrument, or deducible from it by a fair and candid construction, is an unjustifiable assumption and usurpation. He did not mean to analyze this subject further at this time, and had been led into these general remarks, because the impatience of the committee to have the question upon striking out the section had caused him to refrain from delivering these sentiments at that time.
He would remark further, that bounties in all countries and at all times, have been the effect of favoritism; they have only served to divert the current of industry from its natural channel, into one less advantageous or productive; and in fact, they are nothing more than governmental thefts committed upon the rights of one part of the community, and an unmerited governmental munificence to the other. In this country, and under this Government, they present an aspect peculiarly dreadful and deformed.
To contemplate the subjects upon which bounties are to operate in the United States, the nature of the Government to dispense them, the State preferences which now do and will for ever, more or less, continue to exist, the impossibility of an equal operation of bounties throughout the United States, upon any subject whatever, should be considered; and one of these two effects will necessarily follow the exercise of them; either the very existence of the Government will be destroyed, or its administration must be radically changed, it must be converted into the most complex system of tyranny and favoritism.
He observed, that it is not unfrequent at this time to hear of an Eastern and Southern interest, and he had for some time silently and indignantly seen, or thought he saw, attempts by this means to influence the deliberations of this House upon almost every important question. So far as he was the insulted object of these attempts, he felt that contempt for their authors, which appeared to him to be the correspondent tribute to the impurity of their designs; yet he thought that this had been the most formidable and effectual ministerial machine which had been yet used in the administration of Government. But one great mischief he apprehended from establishing the principle of the unrestrained right to grant bounties, will be, that it will make the difference of interest between Eastern and Southern, so far as they differ in their respective States of manufacture and agriculture, real, which is now only ideal. It will make that party real, which is now artificial. The jealousies and suspicions arising from party, will then have a substantial foundation, which now have no foundation in fact, but are ingeniously stimulated by a few, for the purpose of effecting particular objects; as long as the Government shall be administered liberally and impartially, as long as the principle of reciprocal demand and supply between East and South shall remain inviolate, so long there can exist no essential distinct interest between them; but the instant bounties or governmental preferences are granted to occupation, that instant is created a separate and distinct interest, not wholly between East and South, but between the manufacturer and the cultivator of the soil. There will still exist a community of agricultural interests throughout the United States, and he hoped the time was not far distant, when a common sympathy will be felt by the whole of that class of the community. For these reasons, he hoped the motion would prevail.
The bill having been gone through with, and amended, the committee rose and reported it with amendments which the House immediately took into consideration and adopted. The bill was then further amended and the House adjourned.
Thursday, February 9.
The Cod Fisheries.
The bill sent from the Senate, entitled "An act for the encouragement of the Bank and other Cod Fisheries, and for the regulation and government of the fishermen employed therein," together with the amendments thereto, was read the third time; and the question being put that the same do pass, it was resolved in the affirmative—yeas 38, nays 21, as follows:
Yeas.—Messrs. Fisher Ames, Robert Barnwell, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Jonathan Dayton, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman, Benjamin Goodhue, James Gordon, Andrew Gregg, Samuel Griffin, Thomas Hartley, James Hillhouse, Daniel Huger, John W. Kittera, John Laurance, Amasa Learned, Richard Bland Lee, Samuel Livermore, James Madison, Frederick Augustus Muhlenberg Nathaniel Niles, Cornelius C. Schoonmaker, Jeremiah Smith, Israel Smith, William Smith, Samuel Sterrett, Jonathan Sturges, Peter Sylvester, George Thatcher, Thomas Tredwell, John Vining, Jeremiah Wadsworth, and Artemas Ward.
Nays.—Messrs. John Baptist Ashe, Abraham Baldwin, John Brown, William B. Giles, William Barry Grove, Daniel Heister, Philip Key, Nathaniel Macon, John Francis Mercer, Andrew Moore, William Vans Murray, John Page, Josiah Parker, Joshua Seney, John Steele, Thomas Sumter, Thomas Tudor Tucker, Abraham Venable, Alexander White, Hugh Williamson, and Francis Willis.
Resolved, That the title of the said bill be, "An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein."
Mr. Laurance presented a petition from the tanners and curriers of the city of New York, praying relief from the hardships they labor under, in consequence of the exportation of tanners' bark. Referred to a select committee.
Wednesday, February 22.
Indemnity to Gen. Greene's Estate.
On a motion made and seconded, that the House do come to the following resolution:
"Whereas the late Major General Nathaniel Greene, on the eighth day of April, one thousand seven hundred and eighty-three, the more effectually to procure rations, and supplies for the Southern Army of the United States, became bound as surety for John Banks & Company to Newcomen & Collet, merchants in Charleston, for the payment of eight thousand seven hundred and forty-three pounds fifteen shillings and sixpence, sterling money, being the condition of said bond:
"And whereas, on the first day of May, one thousand seven hundred and eighty-six, the balance of principal and interest of said bond, being then eight thousand six hundred and eighty-eight pounds six shillings sterling, was paid by the said General Greene: Therefore,
"Resolved, That the United States shall indemnify the estate of the said General Greene for the said sum last mentioned, and the interest thereof: Provided, The Executors of the said General Greene shall account for a sum, being about two thousand pounds, be the same more or less, received of John Ferrie, one of the partners of the said Banks & Company, to be in part of the indemnification aforesaid; and also shall make over, for the use of the United States, all mortgages, bonds, covenants, or other counter-securities whatsoever, now due, which were obtained by the said General Greene in his lifetime, from the said Banks & Company on account of his being surety for them as aforesaid, to be sued for in the name of the said executors, for the use of the United States:"
Ordered, That the said resolution be committed to a Committee of the whole House immediately.
The House accordingly resolved itself into a Committee of the whole House on the said resolution; and, after some time spent therein, the committee rose, reported progress, and obtained leave to sit again.
Saturday, March 10.
Courtesies to France.
On a motion made and seconded, that the House do come to the following resolution:
"Resolved, That this House hath received, with sentiments of high satisfaction, the notification of the King of the French, of his acceptance of the constitution presented to him in the name of the Nation; and that the President of the United States be requested, in his answer to the said notification, to express the sincere participation of the House in the interests of the French Nation, on this great and important event; and their wish that the wisdom and magnanimity displayed in the formation and acceptance of the constitution, may be rewarded by the most perfect attainment of its object, the permanent happiness of so great a people."
It was moved and seconded that the said motion be committed. And on the question for commitment, it passed in the negative—yeas 17, nays 35.
And then debate arising on the said motion, a division thereof was called for. Whereupon,
The question being put, that the House do agree to the first part of the said motion, in the words following:
"Resolved, That this House has received, with sentiments of high satisfaction, the notification of the King of the French, of his acceptance of the constitution presented to him in the name of the Nation: And that the President of the United States be requested, in his answer to the said notification, to express the sincere participation of the House in the interests of the French Nation, on this great and important event:"
It was resolved in the affirmative—yeas 50, nays 2, as follows:
Yeas.—Fisher Ames, John Baptist Ashe, Abraham Baldwin, Benjamin Bourne, Abraham Clark, William Findlay, Thomas Fitzsimons, William B. Giles, Nicholas Gilman, Benjamin Goodhue, James Gordon, Andrew Gregg, Thomas Hartley, Daniel Heister, James Hillhouse, Israel Jacobs, Philip Key, Aaron Kitchell, John W. Kittera, John Laurance, Amasa Learned, Richard Bland Lee, Samuel Livermore, Nathaniel Macon, James Madison, John Francis Mercer, William Vans Murray, Nathaniel Niles, John Page, Cornelius C. Schoonmaker, Theodore Sedgwick, Joshua Seney, Jeremiah Smith, Israel Smith, William Smith, John Steele, Samuel Sterrett, Jonathan Sturges, Thomas Sumter, George Thatcher, Thomas Tredwell, Thomas Tudor Tucker, Abraham Venable, John Vining, Jeremiah Wadsworth, Artemas Ward, Anthony Wayne, Alexander White, Hugh Williamson, and Francis Willis.
Nays.—Robert Barnwell and Egbert Benson.
On the question, that the House do agree to the second part of the said motion, in the words following:
"And their wish that the wisdom and magnanimity displayed in the formation and acceptance of the constitution, may be rewarded by the most perfect attainment of its object, the permanent happiness of so great a people:"
It was resolved in the affirmative—yeas 35, nays 16.
Ordered, That Mr. Tucker, Mr. Madison, Mr. Mercer, Mr. Vining, and Mr. Page, be appointed a committee to wait on the President of the United States, with the said resolution.
Saturday, March 24.
Establishment of a Mint.
The House resolved itself into a Committee of the whole House on the bill sent from the Senate, entitled, "An act establishing a Mint, and regulating the coins of the United States." The following amendment being under consideration, viz:
"In the tenth section, strike out the words, 'Or representation of the head of the President of the United States for the time being, with an inscription, which shall express the initial or first letter of his Christian or first name, and his surname at length, the succession of the Presidency numerically,' and, in lieu thereof, insert, 'Emblematic of Liberty,' with an inscription of the word Liberty."
Mr. Page, in support of this motion said, that it had been a practice in monarchies to exhibit the figures or heads of their kings upon their coins, either to hand down, in the ignorant ages in which this practice was introduced, a kind of chronological account of their kings, or to show to whom the coin belonged. We have all read, that the Jews paid tribute to the Romans, by means of a coin on which was the head of their Cæsar. Now as we have no occasion for this aid to history, nor any pretence to call the money of the United States the money of our Presidents, there can be no sort of necessity for adopting the idea of the Senate. I second the motion, therefore, for the amendment proposed; and the more readily because I am certain it will be more agreeable to the citizens of the United States, to see the head of Liberty on their coin, than the heads of Presidents. However well pleased they might be with the head of the great man now their President, they may have no great reason to be pleased with some of his successors; as to him, they have his busts, his pictures every where; historians are daily celebrating his fame, and Congress have voted him a monument. A further compliment they need not pay him, especially when it may be said, that no Republic has paid such a compliment to its Chief Magistrate; and when indeed it would be viewed by the world as a stamp of royalty on our coins: would wound the feelings of many friends, and gratify our enemies.
Mr. Williamson seconded the motion also, and affirmed that the Romans did not put the heads of their Consuls on their money; that Julius Cæsar wished to have his on the Roman coin, but only ventured to cause the figure of an elephant to be impressed thereon; that by a pun on the Carthaginian name of that animal, which sounded like the name of Cæsar, he might be said to be on the coin. He thought the amendment consistent with Republican principles, and therefore approved of it.
Mr. Livermore ridiculed, with an uncommon degree of humor, the idea that it could be of any consequence to the United States whether the head of Liberty were on their coins or not; the President was a very good emblem of Liberty; but what an emblematical figure might be, he could not tell. A ghost had been said to be in the shape of the sound of a drum, and so might Liberty for aught he knew; but how the President's head being on our coins could affect the liberty of the people, was incomprehensible to him. He hoped, therefore, that the amendment would be rejected.
Mr. Smith, of South Carolina, agreed with Mr. Livermore in opinion; adding, that the President representing the people of the United States, might with great propriety represent them on their coins. He denied that Republics did not place the images of their Chief Magistrates on their coins; and said, he was surprised that a member who so much admired the French and their new constitution, should be so averse to a practice they have established; the head of their King is by their constitution put upon their money. Besides, it was strange that for a circumstance so trivial we should lose time in debating, and risk the loss of an important bill.
The said amendment was again read, and a division of the question thereon called for: Whereupon,
The question being taken, that the House do agree to the first part of the said amendment, for striking out the words "or representation of the head of the President of the United States for the time being, with an inscription, which shall express the initial or first letter of his Christian or first name, and his surname at length, the succession of the Presidency numerically:"—it was resolved in the affirmative—yeas 26, nays 22.
And then the question being taken that the House do agree to the second part of the said amendment, for inserting, in lieu of the words stricken out, the words, "Emblematic of liberty, with an inscription of the word Liberty:"—it was resolved in the affirmative—yeas 42, nays 6.