Life and Times of Washington, Volume 2 / Revised, Enlarged, and Enriched

by John Frederick Schroeder; Benson John Lossing

Adverting to the measures which had been taken in execution of the laws and resolutions of the last session, "the most important of which," he observed, "respected the defense and security of the western frontiers," he had, he said "negotiated provisional treaties and used other proper means to attach the wavering, and to confirm in their friendship the well-disposed tribes of Indians. The means which he had adopted for a pacification with those of a hostile description having proved unsuccessful, offensive operations had been directed, some of which had proved completely successful, and others were still depending. Overtures of peace were still continued to the deluded tribes, and it was sincerely to be desired that all need of coercion might cease, and that an intimate intercourse might succeed, calculated to advance the happiness of the Indians, and to attach them firmly to the United States."

In marking the line of conduct which ought to be maintained for the promotion of this object, he strongly recommended "justice to the savages, and such rational experiments for imparting to them the blessings of civilization, as might from time to time suit their condition;" and then concluded this subject with saying: "A system corresponding with the mild principles of religion and philanthropy, toward an unenlightened race of men whose happiness materially depends on the conduct of the United States, would be as honorable to the national character, as conformable to the dictates of sound policy."

After stating that measures had been taken for carrying into execution the act laying duties on distilled spirits, he added: "The impressions with which this law has been received by the community have been, upon the whole, such as were to have been expected among enlightened and well-disposed citizens, from the propriety and necessity of the measure. The novelty, however, of the tax, in a considerable part of the United States, and a misconception of some of its provisions, have given occasion, in particular places, to some degree of discontent. But it is satisfactory to know that this disposition yields to proper explanations, and more just apprehensions of the true nature of the law. And I entertain a full confidence that it will, in all, give way to motives which arise out of a just sense of duty, and a virtuous regard to the public welfare.

"If there are any circumstances in the law, which, consistently with its main design, may be so varied as to remove any well-intentioned objections that may happen to exist, it will comport with a wise moderation to make the proper variations. It is desirable, on all occasions, to unite with a steady and firm adherence to constitutional and necessary acts of government, the fullest evidence of a disposition, as far as may be practicable, to consult the wishes of every part of the community, and to lay the foundations of the public administration in the affections of the people."

The answers of the two houses noticed, briefly and generally, the various topics of the speech; and, though perhaps less warm than those of the preceding Congress, manifested great respect for the executive magistrate, and an undiminished confidence in his patriotic exertions to promote the public interests.

Soon after Congress was organized for business a warm debate sprung up in relation to the new apportionment of representatives, in accordance with the census, which had been taken in the preceding year, and the results of which were now ready for the consideration of Congress. The contest was not put to rest till the following April (1792); and not till the third bill was constructed did the two houses agree. The first proposal made by the representatives was to adopt the lowest ratio allowed by the constitution—30,000, which would have raised their numbers to 113, but there would have been large fractions of population in the northern States left unrepresented. The Senate, to lessen those disfranchised remnants, raised the ration to 33,000; but it was alleged that then there were fractions, though not so large, remaining in the southern States. The house would not accept the change, and reiterated its former proposal in a new bill, which also arranged the taking of another census before the expiration of ten years; but the Senate refused its assent to this, and, instead, increased the numbers to 120 by assigning representatives to the largest fractions. This, which violated the letter of the constitution, excited greater heat than ever, and the old threat of breaking up the Union was resorted to. A committee of conference was demanded at length, and in the end the scheme of the Senate was carried by a majority of two out of sixty votes. This decision has been remarked upon as having a curious bearing upon the old political controversies, the representatives of the southern States being found rejecting the amendment of the Senate, which embodied their own State sovereignty principle; and those of the North accepting it, although they were most in favor of the opposite principle of polity.

Washington very justly considered this mode of apportionment as contrary to the constitution, and on the 5th of April returned the bill to Congress, with his objections. The first was, that the constitution had prescribed that representatives should be apportioned among the several States according to their respective numbers, and that there was no one proportion or division which, applied to the respective States, would yield the number and allotment of representatives proposed by the bill; the second, that by the constitution, the number of representatives should not exceed one for every 30,000, which restriction, by the fair and obvious construction, was to be applied to the separate and respective States, and that the bill had allotted to eight States more than one for every 30,000. This was the first instance in which the President had exercised his veto upon any act of Congress. {4}

The bill, not being repassed by two-thirds of both houses, was rejected. A bill afterward passed, April 9, 1792, by a vote of thirty-four to thirty, apportioning the representatives agreeable to a ratio of one for every 33,000 in each State, which received the sanction of the President, and thus, this interesting part of the constitution was finally settled.

During this session of Congress an act passed for establishing a uniform militia.

Washington had manifested, from the commencement of his administration, a peculiar degree of solicitude on this subject, and had repeatedly urged it on Congress.