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JUNE 14, 1790.]

Distilled Spirits.

[H. OF R.

Nars.—Messrs. Ashe, Baldwin, Brown, Blood. ties heretofore laid on spirits of forcign 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, The committee proceeded in the discussion Page, Parker, Seney, Steele, Scott, Sinnickson, of the bill, and finished it; they then rose, and Stone, Vining, Williamson, Wynkoop, White.-31. the Chairman reported the same to the House,

On motion of Mr. Hartley, the House took with sundry amendments. up the resolution for holding the next session of

Mr. Sedgwick made some objections to enCongress at Philadelphia.

tering 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. more.

Mr. SHERMAN was in favor of finishing the Mr. Burke renewed the motion for Balti- bill at this time. He wished and expected that more.

the assumption would be taken up before the The question for striking out Philadelphia and close of the session; and said, it may be made inserting Baltimore, after some debate, was de the subject of a separate bill. termined by yeas and nays as follows:

Mr. BloodWORTH offered several objections

to the bill. YEA8.-Messrs. Ames, Benson, Bloodworth, Burke,

Mr. Madison was in favor of finishing it. Floyd, Foster, Gerry, Goodhue, Grout, Hathorn,

Mr. Firzsimons observed, that the gentlemen Huger, Huntington, Jackson, Lawrence, Leonard, Livermore, Partridge, Rensselaer, Sedgwick, se who are for delaying the passage of this bill, do ney, Sherman, Sylvester, Smith, of Maryland, Smith, not explicitly object to the mode pointed out of s. C., Stone, Sturges, Sumter, Thatcher, Trum- for raising the additional revenue; they do not bull, Tucker, Wadsworth.--31.

say, that if this plan is rejected, they will agree Nays. --Messrs. Ashe, Baldwin, Brown, Cadwala- to substitute other objects of revenue; so that der, Carroll, Clymer, Coles, Contee, Fitzsimons, those who are in favor of providing the ways Gale, Gilman, Griffin, Hartley, Heister, Lee, Madi- and means to carry into effect the funding sysson, Matthews, Moore, P. Muhlenberg, Page, Par- tem are embarrassed how to proceed. If the ker, Scott, Sinnickson, Steele, Vining, White, Wil gentlemen will be explicit, and declare that if liamson, Wynkoop.-28.

the proposed duties are not taken by the GenOn the question on the main resolution as eral Government, they will point out and agree amended by the insertion of Baltimore, the yeas to others, we shall know what to do; but, at and nays were as follows:

present, it is utterly impossible to determine, Yeas.--Messrs. Ames, Ashe, Baldwin, Benson, ject is.

from their mode of procedure, what their obBloodworth, Brown, Burke, Cadwalader, Carroll, Clymer, Coles, Contee, Floyd, Foster, Gale, Gerry, He said, for his own part, he had always aimed

Mr. Sedgwick replied to Mr. FitzsimONS. Goodhue, Griffin, Grout, Hartley, Hathorn, Heis. ter, Huger, Huntington, Jackson, Lawrence, Leon: 1 to be open and explicit on this subject; and that ard, Livermore, Madison, Matthews, Moore, P. Muh-, he was now ready to declare, that, un the prinlenberg, Page, Parker, Partridge, Rensselaer, Scott, ciple of not assuming the State debts, the duties Sedgwick, Seney, Sherman, Sylvester, Sinnickson, contemplated by the bill would be impolitic and Smith, of Md., Smith, of s. C., Steele, Stone, Stur- unjust; they will operate in a most inauspicious ges, Sumter, Thatcher, Trumbull, Vining, Wads- manner, both with respect to the creditors of worth, White.--53.

the States, the tranquillity of the State GovernNare.—Messrs. Fitzsimons, Gilman, Schureman, ments, and the peace and honor of the General Tucker, Williamson, Wynkoop.--6.

Government. This had been, he said, the inNORTH CAROLINA,

variable tenor of his observations on this subA message was received from the President ject, from the first to the last. of the United States with a copy of the ratifica

Mr. STONE read a statement which he had tion of the amendments to the Constitution, by prepared, containing several duties on imposts the State of North Carolina.

and tonnage, in adılition to those already laid,

and some new ones, which he supposed might DUTY ON SPIRITS.

be substituted in lieu of the excise proposed in In Committee of the whole on the bill for re- the bill, to which he was opposed. pealing, after the last day of the duties Mr. GERRY was opposed to proceeding in the heretofore laid on distilled spirits of foreign consideration of the bill. He wished it might manufacture, and laying others in their stead. lie for a few days, till the House could possess

The committee proceeded as far as the 47th themselves of the opinion of the Senate, whom, section of the bill; they then rose, and the Chair- he had been informed, now had the subject of man reported progress.

assumption under consideration.

Mr. FITZSIMONs replied to Mr. GERRY. He MONDAY, June 14.

thought it a very extraordinary proposition that

the House should wait for the determination of DISTILLED SPIRITS.

the Senate upon any subject, more especially a The House again went into a Committee of question of this kind; besides, he very much the whole on the bill for repealing certain du-l doubted the right of the Senate to originate any

H. OF R.]

General Post-Office.

(June 16, 1790.

thing on the business of the assumption; but we in the chair. Some progress was made in the are not to decide hastily, said he, because a ma- bill; but the Commitiee rose and had leave to jority may determine differently froin what some sit again. gentlemen appear to wish should take place. I A message from the Senate informed the would ask, said he, how this Legislature is ever House that they have passed the act sor extend to go on with the important bnsiness before ing the Judicial law of the United States to the them, except they are to abide by the decision State of Rhode Island, with one amendment, of the majority. Some gentlemen appear to be which was to reduce the salary, of the District opposed to the principle of the bill; others are Judge from one thousand to eight hundred dol. opposed to all duties except the State debts are lars. This amendment was agreed to. assumed. Let us reflect on our situation, provided no provision is to be made for the domes

TUESDAF, June 15. tic debt of the United States. He hoped the

WEST POINT. consideration of the bill would be delayed no

Mr. LAWRENCE, from the committee appointJonger. Mr. Gerry replied to Mr. FitzsimONS. He

ed for the purpose, presented a bill authorizing contended that the Senate had a right to orig!: to purchase such a part of the tract of land at

and empowering the President of United States nate the business of the assumption, and that it West Point as the public service may render had been customary for that House to wait for the decision of the Senate, when they had been necessary, which was twice read and committed, informed that they were on a subject which the

GENERAL POST-OFFICE. House had contemplated taking up; he declar- The House again went into a Committee on ed, that no man realized more ihan he did the the bill to establish the Post-Office and Postimportance of funding the public debts; but Roads within the United States, Mr. BOUDINOT then he wished the system to be commensu- in the chair. rate to the object; to be impartial, liberal, and The section which prohibits passengers from just.

carrying letters, under a penaliy of three times On the question to take up the report of the the postage, was objected to, as impracticable Committee, Mr. Vining moved for the Yeas in itself. It was moved that it should be exand Nays, which being called, were as fol- punged, lows:

Mr. LIVERMORE, who was one of the comYeas.--Messrs. Ashe, Baldwin, Brown, Cadwala- ced to prevent the diminution of the revenue

mittee, observed, that this section was introduder, 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 inore letters go by Sumter, Vining, White, Wynkoop, Williamson. -30.

the passengers than by the mail; it is to be sup. Nars.--Messi's. Ames, Bloodworth, Boudinot, posed that most persons would wish to be esBurke, Coles, Gerry, Goodhue, Grout, Muger, 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, Stured with an excuse for not taking them; and it ges, Thatcher, Trumbull, Tucker, Wadsworth.--24. appears very unreasonable and absurd ihat the

The House then took up the amendments public should pay the proprietors of the stages proposed, and agreed to the same. Other amend- / for transporting the mail, and in this way be ments were inade.

defrauded out of that revenue which they are The clause which imposes a duty on stills undoubtedly entitled to receive. was objected to by several gentlemen, and al

Mr. WHITE and Mr. GERRY were in favor of ter some conversation on the subject, it was

striking out the clause. Mr. SEDGWick and agreed that the bill should lie on the table.

Mr. SHERMAN in favor of it as in the bill. Mr. Frrzsimons laid the following resolution

The motion for striking ont was negatived, on the table, viz:

The committee proceeded as far as the 2151

section, and then rose and reported progress, 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,

WEDNESDAY, June 16. viz:

John Sevier, another member from North On Bohea tca, 12 cents per lb.

Carolina, appeared and took his seat. Souchong and other black teas, 20 cents.

A message from the President of the United Hyson tea, 40 cents.

States was received with the ratification of the Other green teas, 24 cents. Coffee, 5 cents.

Constitution of the United States, by the State JUNE 18, 1790. )


GENERAL POST OFFICE The House then went into a Committee on The llouse again resolved itsell into a Comthe bill to establish the Post-Office and Post: inittee on the bill to establish the Post-Office Roads within the United States, Mr. Bouvisor and Post-Rvads, Mr. Boudinot in the chair.

Duty on Spirits.

(H. OF R

Sundry other amendments were made to the the Postmaster-General, relative to this particbill, which being gone through, the Committee ular object; for he very much apprehended that reported to the House.

the roads already agreed to would render the The House took the amendments into consid - Post-Office a great burden on the United States. eration.

These observations were followed by a motion The first amendment respected the particu- for an adjournment, which took place. lar routes to the various parts of the United States, by which the mail is to be carried. Se

THURSDAY, June 17. veral alterations were made in two sections, on motion of individual members.

WEST POINT. Mr. SEDGWICK observed, that it was impossi- The engrossed bill to authorize the purchase ble for every particular member perfectly to un- of a tract of land for the use of the United States derstand the reasons on which a variety of al. was read the third time and passed. terations had been agreed to. He instanced

FEES OF CONSULS. the establishment of roads to several places, which run nearly parallel. Gentlemen, said

Mr. GERRY moved the appointment of a com he, who move for different establishments, may mittee to consider and report whether any, and fully understand then selves in the motions they what, fees, perquisites, or other emoluments, make; but, for his own part, he confessed, that shall be annexed to the office of Consul and he could give as good a reason for his negative

Vice-Consul; and Messrs. GERRY, BOUDINOT, as his affirmative, on several that have been and HUNTINGTON, were named as the commit?

tee. adopted. He therefore moved that the two first clauses should be struck out, and offered a U. STATES AND INDIVIDUAL STATES. clause as a substitute, which was to authorize Mr. Fitzsimons, from the committee to whoin the Postmaster-General, with the approbation was committed the engrossed bill to provide for of the President of the United States, to esta- the settlement of the accounts between the Uniblish the Post-Roads from Wiscassett in Masted States and the individual States, reported sachusetts, to Savannah in Georgia.

an amendatory bill, which was twice read and This inotion was objected to by Mr. Hart- committed. LEY, Mr. LIVERMORE, Mr. White, and Mr.

GENERAL POST-OFFICE. GERRY. It was observed, that a similar clause

The House resumed the consideration of the had been rejected by the Committee of the whole, when the first bill was before them. It report of the Committee of the whole on the bill was further said, that it cannot be supposed that which being gone through, the

bill was ordered

to establish the Post-Office and Post-Roads, the Postmaster-General knows what routes are to be engrossed for a third reading. most eligible, better than many of the members; the constitutionality of the motion was doubted. Those in favor of the motion stated the diffi

FRIDAY, June 18. culties which would probably arise upon the

DUTY ON SPIRITS. 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 certain duties heretofore laid on foreign spirits done without an act of the Legislature. imported, and substituting others in their stead.

In reply to the objection of the unconstitu- The question was on engrossing the bill for a tionality of the motion, it was said, the motion third reading. goes no further than delegating, a power to an Mr. Srone moved for a recommitment to a executive officer, consonant to the office which select committee, who were to be instructed to he sustains, instead of the House attempting to report a plan of ways and means, agreeable to a exercise that power, when it does not appear resolution laid on the table a few days since. that it can be exercised by them; besides, if the This motion was negatived. discretionary power is unconstitutional, there Mr. Fitzsimons proposed a clause enabling are several other parts of the bill which are un- the proprietor, importer, or consignee, to make constitutional; for the power of establishing such a deposite of part of the dutied articles as a se. extra roads as to him may appear necessary, is curity for the duties in lieu of additional bonds. vested in the Postmaster-General. If the House This was agreed to. mean to avoid a great deal of unnecessary bu- Mr. PARKER moved that the bill should be siness, which will probably come before them referred to the Secretary of the Treasury, with in petitions to abolish old roads, and establish instructions to report a system of ways and new ones, the proposition appears necessary. ineans, exclusive of an excise. Mr. P. observ.

The motion was negatived by a great major- ed, that he should think bimself obliged to vote ity.

against the bill in its present form; but if the exThe amendment of the first and second sec- cise is disposed of, he would give to a bill protions were agreed to. Several new roads were viding the ways and means all the support in proposed to be added; when Mr. Boudinot ob- his power. served, that he plainly perceived it would be This motion was seconded by Mr. Bloodnecessary to vest some discretionary power in worth, but after some debate was negatived.

H. OF R.]

United States and Individual States.

(JUNE 21, 1790.

A motion made by Mr. GERRY for striking Mr. JACKSON was also in favor of coming to out the two sections which provide for laying an an ultimate decision on the bill. excise, occasioned considerable debate, and was Mr. Gerry said, if there is a majority of the finally determined by yeas and nays, as fol - House who are determined to reject the bill, he lows:

could not see of what use it was to have it enYeas.--Messrs. Burke, Coles, Gerry, Goodhue, grossed. Griffin, Grout, Huger, Heister, Moore, Muhlenberg,

Mr. Fitzsimons said, he had observed, that Page, Parker, Sedgwick, Smith, of S. C., Steele, if this bill should be rejected, there would be Sumter, Thatcher, Tucker, White.--19.

great difficulty in finding other resources. He Nars.--Messrs. Ames, Ashe, Baldwin, Benson, wished that the House would now decide upBloodworth, Boudinot, Brown, Cadwalader, Carroll, on it. Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Mr. VINING spoke in favor of the bill, and Hartley, Hathorn, Huntington, Jackson, Lawrence, was for trying the strength of the House on the Leonard, Livermore, Matthews, Rensselaer, Scott, question, and in that view was in favor of callSeney, Sevier, Sherman, Sylvester, Sinnickson, ing the yeas and nays. Stone, Trumbull, Wadsworth, Wynkoop, William- The question on engrossing the bill was deson.-35.

termined in the negative, as follows: Sundry other amendments were proposed, some of which were adopted, others negatived. tee, Fitzsimons, Floyd, Foster, Gale, Gilman, Grif

YEAS.--Messrs. Brown, Cadwalader, Carroll, Con. It being late, the question for engrossing was fin, Hartley, Heister, Lee, Livermore, Madison, P. not put, and the House adjourned.

Muhlenberg, Seney, Sherman, Sinnickson, Smith,

of Md., Vining, White, Williamson.-23. Monday, June 21.

NAYS.-Messrs. Ames, Ashe, Baldwin, Benson,

Bloodworth, Burke, Coles, Gerry, Goodhue, Grout, POST-OFFICE BILL.

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, or was read the third time and passed.

S. C., Sevier, Steele, Stone, Sturges, Sumter, ADJOURNMENT.

Thatcher, Trumbull, Tucker, Wadsworth.--35. A message from the Senate informed the House that they have concurred in the resolu

By this vote, the bill, of course, was lost.

On motion of Mr. FitzsiMONS, a committee tion of this House for appointing a joint committee to determine upon a proper time for ad- the interest on the debt of the United States.

was appointed to devise a plan for payment of journment.


SHERMAN, and TUCKER, were named as the 'The House resumed the consideration of the committee. bill for repealing certain duties heretofore laid on foreign spirits imported, and substituting UNITED STATES AND INDIVIDUAL STATES. others in their stead.

The House then again went into a CommitThe question being on engrossing the bill: tee on the bill to provide for the settlement of

Mr. STONE observed, that no man could be the accounts between the United States and the more in favor of making provision for the debt individual States, Mr. Seney in the chair. of the United States thau hinself; but the pre- Mr. Foster moved that the provision for two sent bill pointed out a mode which he conceived additional commissioners should be struck out. to be the worst that could be devised; the most Mr. LAWRENCE objected to the motion. lle exceptionable, and would turn out the most un observed, that very extensive powers were givproductive. He should therefore vote against en to these commissioners; the objects on which the bill, on a full conviction that other funds, they are to decide are of the utmost importance; entirely unexceptionable, might be found, and and he thought that five commissioners would which might be contained perhaps in a quarter give inore satisfaction to the people than three. of a sheet of paper. He said he should call for Mr. LIVERMORE was in favor of the motion. the yeas and nays.

He thought the business would be procrastina Mr. CARROLL observed, that as so much time ted in proportion to the number. Three have had been taken up in maturing the bill, he ho- been thought sufficient; nothing new has been ped that it would be ordered to be engrossed; the offered to show that any more are necessary. business is of very great importance, and ought If the number were increased to sixty, he now to be finished. He wished, therefore, that thought it would only embarrass the more; he the yeas and nays might not be called in the considered the addition as an indirect impeachpresent stage of the bill, as it would not, he inent of the gentlemen now in office; he had conceived, answer the purpose intended by the never heard any fault found with them; he begentleman.

lieved they were competent to the business. If Mr. STONE withdrew his motion.

we make the addition, what has been done may Mr. Bloonworth renewed the motion, but all be lost labor. If three would finish the buafterwards he withdrew it.

siness in three years, he had no doubt that fiv Mr. Page said, he hoped the yeas and nays would take five years. would be called.

Mr. WILLIAMSON said, he differed from the JUNE 22, 1790.]

Indian Tribes.

[H. OF R.

gentleman last up in respect to the addition to The Committee rose and reported the bill the board being an impeachment or imputation with the amendments. on the gentlemen now in office. The powery The House took up the bill. The amendproposed to be vested are much more extensive ment respecting the clerks was objected to by than those by the former bill, which renders it Mr. Sener; it was, however, agreed to by the expedient that the number should be increased, House. 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 Mr. LIVERMORE made some reply to Mr. Wilbe struck out; and called for the yeas and nays, LIAMSON.

which were as follows: The motion for striking out was negatived.

YEAg.-Messrs. Ashe, Baldwin, Floyd, Foster, GilOn motion of Mr. SHERMAN, the sixth sec

man, Hathorn, Jackson, Lawrence, Livermore, tion was amended to read thus:

Sedgwick.--10. “That the States who shall have balances placed Nays.--Messrs. Ames, Benson, Bloodworth, Bouto their credit on the books of the Treasury of the dinot, Brown, Burke, Cadwalader, Carroll, Coles, United States, shall within - after the same shall Contee, Fitzsimons, Gale, Goodhue, Griffin, Grout, have been credited, be entitled to have them fund. Heister, Huger, Huntington, Leonard, Madison, ed upon the same terms as the other debts of the Uni- Muhlenberg, Moore, Page, Partridge, Rensselaer, ted States."

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 powlina, Sevier, Steele, Stone, Sturges, Sumter, That. er of transferring the debts due to them from cher, Trumbull, Tucker, Vining, Wadsworth, White, the United States should be struck out.

He Williamson.--45. observed, that he could see no reason for the A clause was proposed by Mr. TUCKER, for prohibition; it appears absurd that a State should continuing the salaries of the commissioners not have it in its power to transfer its demands to the

day of

although the against the United States to its creditors. He accounts should be settled prior to that period." wished that gentlemen would assign the reasons The first part was agreed to; from the word for the clause.

"although” to the end was negatived. Mr. SEDGWICK said, he would give the rea

A 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

Tuesday, June 22. without any injury whatever; and, therefore, The engrossed bill to provide for the settlewe ought to extend the prohibition as far as we ment of the accounts between the United States can consistent with justice.

and the individual States was read the third Mr. SHERMAN spoke against the motion. time, and passed. Mr. Smith supported his motion. He show- Mr. Goodhue, from the Committee appointed the inconvenience and expense that would ed for the purpose, presented a bill imposing attend the double operation of the States' first duties on the tonnage of ships or vessels, which receiving their interest, and then paying it to was twice read, and committed. their creditors. He further observed, that it Mr. WILLIAMSON, from the Committee to was treating the States like children; individu- whom was recommitted the bill for giving effect als may transfer their demands, but the States to the act providing for the enumeration of the are not so to be trusted. He added other re- inhabitants of the United States, in respect to marks, when the question being taken the mo. the State of Rhode Island, reported sundry tion was lost.

amendments, which were laid on the table. Mr. SEDGWICK then moved that the clause

INDIAN TRIBES. be amended to read~" and no debt due to any The House resolved itself into a Committee particular State shall be transferable.” This of the whole on the bill to regulate intercourse was agreed to.

with the Indian tribes, Mr. BOUDINOT in the The clause which provides for paying the Chair. The Committee proposed several amendclerks $500 from the time of their appointment ments to the bill, which were reported to the was amended by striking out the last words, House, and agreed to. " from the time of their appointment."

Mr. SHERMAN then moved that the fourth


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