CONGRESS.
PHILADELPHIA
HOUSE OF REPRESENTATIVES,
TUESDAY. February 7.
In committee bf the whole, on the Fijhery Bill.
(Condujion of Mr. Pacj'j Speech.)
THE framers of the conflitution guarded so
much against a possibility of such partial
preferences as might be given if Congress had
the right to grant them, that even to encourage
learning and ufeful arts, the granting of patent;
is the extent of their power : and surely nothing
could be less dangerous to'the sovereignty or in
tereft of the individual dates than the encourage
ment which might be given to ingenious invent
ors or promoter* of valuable inventions in th<
arts and sciences—the encouragement which the
general government might give to the fine arts
to commerce, to manufa<ftures and agriculture
might, if judiciously applied, redound to the ho
nor of Congress, and the splendor, magnificenci
and real advantage of the United States : butthf
wife framers of our constitution saw that if Con
grefs had the power of exerting what has beer
called a royal munificence for these purposes
Congress might, like many royal benefacTtors
misplace their munificence, might elevate fycho
phants, and be inattentive to men unfriendly tc
the views of government ; might reward the in
genuity of the citizens of one ltate,and negle<ft s
much greater genius of another—a citizen of 1
powerful state it might be said, was attended to
■whilst that of one of less weight in the federai
scale was totally neglected. It is not fufficieni
to remove these objections, to fay as some gen
tlemen have fadd, that Congress is incapable ol
partiality or absurdities, and that they areas fai
from committing them as my colleagues or my
f" e lf—l tell them the constitution was formed or
a supposition of human frailty, and to reftrair
abuses of mistaken powers : the constitution has
been said by some one to be like answers of the
oraclesof old, capable of various and opposite con
ftnitftions, that it has been ingeniously contrived
like some of them to suit two events, a republi
can or a monarchical iflue ; I will not pretend
to fjiy that this is not in some instances too just
an obferration, nor will I undertake to deny that
it was not the intention of some of the conven
tion that such ambiguities might be in their con
stitution, to correspond with the critical and am
biguous state of the American mind, refpecfing
, government ; but I will boldly affirm, that what
ever the theories of that day might lead some tc
think, refpedling the application of monarchical
principles to the govern ment of the United States
no one can at this day pretend that they are ap
piicable to their circuinftances, their disposition!
or interests, or even are agreeable to the wifties
of the people. Even before the adoption of the
conflitution when the rights of men had not beer
so thoroughly investigated as they since have
been, it must be remembered, that whole states
and large and refpecftable minorities in other
states, complained of and objected to the arifto
cratical and monarchical features of the new go
vernment. In vain did the friends of the new
government, friends of order, of union, or oi
liberty, contend that the powers granted by the
constitution, which appeared so alarming, were
such as would never be exerted but when all good
men would acknowledge the neceflity ofexercif
ing them, and that indeed they would be explain
ed or restrained by some future amendments
the sagacious and eloquent Henrvfhook his head
at such promises, sighed and submitted to the
will of the majority, a small one indeed, but
sot etoid from his knowledge of the human heart
what would be done and said in just ification of
every measure which might extend the power of
Congress.
Is it politic and wife then, Mr. Chairman to
exert the power contended for, even if it be'au
thorifed by the constitution ? May not the inter
ference of Congress in the bnfinefs of regulation
the trade of the eastern states excite, if not envy
on account of a fnppofed partiality, a jealonfy
Jelt Congress undertake to intermeddle in the
commercial regulations of other states ? Mav not
Congress with equal propriety undertake to re
gulate the tobacco, the rice and indigo trade a<
well as that of the fisheries ? If they intermeddle
in the buunefs of Tailors, why not in that of ma
nufatfturers and farmers ? Where 1 may ask wirh
my colleague may they not go on in their zeal
and J will add, in their laudable pursuit of pro'
.noun- the general welfare ; and how tot'rlh
may they be mistaken ? If jealonfy of rival (tare*.
*nftead of mutual fatisfaction and pleasure—i'
diftrnft and suspicion of Congress, instead of
confidence in their measures, be the consequence,
how will the union be promoted, or the general
government fecnred ? However virtuously dis
posed the present members may be, and I am,
ready to applaud their honed intentions, let them
consider, Sir, that they had better suppress their
patriotic emotions, than give a pretext for their
( ncceffors to abuse the powers which they now
wi(h to exert for the public good : I know they
will quote the opinion of as wife and virtuous a
citizen as is in the United States : I know his pa
triotism, and know well his true republican prin
ciples ; but Sir, with the freedom of a fellow ci
tizen, I take the liberty of faying that his honest
zeal, like that of the friends of The bill, has led
| bim into a mistake.* That able statesman and
virtuous citizen, like the eloquent advocates of
the bill, has considered the aiSs now quoted, as
a full fantftion for the one before the committee :
but I am of opinion that those atfs had better be
repealed, than give a fantfion to the enarting of
a law which goes to the establishing of bounties,
or drawbacks, or by whatever other name they
be called, which may be nfed to the partial en
couragement of any branch of trade or employ,
ment whatsoever. I (hall therefore vote against
the bill before us, and to get rid of it, (hall vote
for striking out of it the lit feclion according to
the motion now before the committee. As a
member of this House I lliall think it my duty to
protedl the fifheries, and every other branch of
our commerce, the fifhermen as well as every o
ther citizen, as far as may be within my ability ;
but I am not permitted, as a member of Congress,
I humbly conceive, to felettthe fifheries and fifh
ermen as objects of more consequence than any
other branches of trade, or persons employed in
them, left Congress fhouid not only shew a mif
raken attachment, or even if judiciously placed,
excite jealousies and discontents between the
states, and diflruft deftrucftive of their weight
and influence. My constant wish has been to "fee
Congress confined to such acfts as would form a
more perfect union, promote the general wel
fare, insure domestic tranquility, and engage the
confidence of our fellow citizens.
My wish is, that the members of Congress
would leave their refpedtive states in the full en
joyment of every right and privilege they held
before their adoption of the new constitution,
which can be exercised without prejudice to the
general government. Let the legislatures of the
different states encourage as far as in their pow
er, the commerce, agriculture or manufactures
of their refpedtive states ; and let Congress, as
far as can be consistent with the most steady im
partiality, patronize their patriotic exertions by
wife regulations of their commerce with foreign
nations, such as may open as full an intercourse
with those nations as the states may desire. The
emulation of the filter states in commerce, ma
nufactures or agriculture, would lead to the ear
ly eftablifhtnent of that branch of either to which
each state might be best adapted : this rival, .ip
could produce no jealousy, no general national
discontent in the states, 110 localities inCongrefs.
Virginia would not attempt to rival Maflachu
ietts in her fifhei ies or carryingbufiuefs, nor will
South Carolina and Georgia rival the manufac
tories of Jersey and Pennsylvania : each state
may rejoice to fee its filter dates enjoyin<r the
advantages with which Heaven has blefled the n :
and Congress, if confined to fubjedts which admit
not of local considerations, may debate with tem
per and decide with unbiafled judgment. I con
fefs I have wished that Congress pofleffbd the
power that the friends of the bill tell us we do
possess, and tell us we have exerted : but on ex
amining the constitution with a view to my wish,
I I found reason to think, not only that Congress
has not that power, but that it ought not to pof
:r > "nlefs the constitution was intended to
eltablifh a consolidated government on the ruin
ol the State legiflaftures : but this I conceive can
not be the cafe, because the constitution guaran
tees to the states their relpedtive republican go
vernments. The general powers ofCongref* no
doubt ought to be (as they are) adequate to the
pnrpofe of forming n moreperfett union than fub
hlled under the confederation, to establish jus
tice, &c. &c. but as they are bound to guarantee
to the states, their refpedtive republican forms
or government, I cannot conceive how any of
tjiele powers can be employed (confiftentl v with
the ends for which they were given) in diminish
ing the power and sovereignty of the state legis
latures. How Congress can interfere in the 're
gulations refpeoting the merchants and their sai
lors at Marblehead. with more propriety than
with thofeat Philadelphia, Norfolk or Charles
ton, I cannot conceive : nor how this interfer
ence could take place without alarming thele
Hates, I know not. Viewing the bill before us
in this light, Mr. Chairman, I fliall vote against
it, and, as I said before, to get rid of it, ffiafi vote
to strike out the firft fedtion according to the
motion now before the committee.
(TO BE COXTIKUIO.)
J BF * r * R,ON « Secretary °f State, in his Report on th
366
SATURDAY, March IO
An engrolTed « bill declaring the consent f
Congress to a certain ad* „f the ft* * > ° f
land, and to continue for a longer rim*
declaring the aflent of Cn« f? t,mc > an act
"f the states of M»r,£„d<£«? " aC "
■ Hand and
111 e tefpeds the flares of Geo: <ri- an rl r! .
Island and Providence was reaJu
htrd tune, pnfled, and fcnt to the Senate 2
their concurrence. lc lor
TheHoufe proceeded to the consideration of
he meflage received from ,| le President of ,h e
United States on Monday last, w i,b the trai.fl,
tion of the letter from the King of France an
nouncing to the United Sca.es his acceptance f
he New Confhtuuon ; whereupon thefoliowJ
lefolution was moved, viz. °
' Relolved, That this House hqth received
I vv.th fennments of high fatisfatfrion, the notifies!
tion of the King of the French, of his acceptance
of the Conftnution preferred to IHm in the rami,
ofthe nation:—and that the President of'the
United States be requested, in his answer to the
find notification, to express thefincere particip*
tion of the House, in the interests of the French
nation, on this great and important event • and
their w.fh, that the wisdom and magnanimity
dilplayed in theformation and acceptance of the
Conftitmion, may be rewarded by the most p tr .
fedt attainment of its obje<fr, the permanent hap,
pinels of so great a people."
A motion made for the comnii ment of this re
solution, pafled in the negative—yeas 17, nays sj.
A debateof considerable length then tookpl»e
on the adoption of the resolution; after which
a division of the question being called for, the
House agreed to the fir It parr, as far as the words
" important event" inclusive—yeas jo, nays 2.
The question was then taken on the remaining
part of the resolution, and also pafled in the af
firmative, as follow :
MefTi'S. Afhe, Baldwin, B. Bourne, Clark, Find
lev, Fitzfimons, Giles, Gilman, Gregg, Hartley,
Heifter, Key, Kitchell, Ki trera, l.ee, Macon, Ma
dison, Mercer, Murray, Niles, Page, Schoonma
ker, Seney, Steele, Sterret, Sturges, Sumprer,
Thatcher, Tread well, Tucker, Venable, Vinine,
Wayne, White, YVilliamfon—? j.
Messrs. Ames, Barnwell, Benfon, Goodhue,
Gordon, Hill house, Jacobs, Lawrance, Learned,
Livermore, Sedgwick, J. Smith, I. Smith, W.
Smith, Wadfworth, Ward—l 6.
A committee of five members was appointed,
o wait 011 the Prefidentof the United States with
he said resolution.
The foil owing resolution was proposed and
agreed to, viz.
" That in the cafe of the conteftedeleclionon
the petition of James Jackson, complaining of
an undue election and return of Anthony Wayne,
one of the members returned to serve in this
House for the state of Georgia, the fitting mem
ber have leave to be heard by counsel, at the bar
of this House, on Monday next." Adjourned.
MONDAY, March 12
The trial of the contested election for the lower
diftrit't of Georgia, having been poltponed to
this day,
Mr. [ackfon, the petitioner, and Mr. Lewis, as
counsel for the fitting member, appeared in the
House, and had feats afligned them within the
bar.
Mr. Lewis moved that the trial should be fiir-
tlier poltponed, and alfigned as a reafon,thatthe
evidence had not been received for which the late
postponement was granted.
Mr. J.ickfon opposed a further poltponement,
fllledging that fullicient time had elapsed.
After considerable debate, Mr. Lewis's motion
was put and negatived— 19 members only riling
in the affirmative.
The House then attended to theallegations.—
Mr. Jackson stated the evidence refpedting the
Craniadtions at the eledtion in Effingham County*
having proceeded through that part of the bull'
ness, the house adjourned.
TUESDAY, March 13,
A m efface was recciv ed from the Senate by Mr. Secretary O-'S
w;t!i the Rc-prcfentation bill—parted the Senate with the amcß
'ems. t , . ;
The Honfe proceeded in the trial of the • i
le lower di(ti ;£l o. 1 Georgia. .
Mr. Tjckfon continued the detail of his evidence— ' n f p" IUV
a ftatsment of the tranfflttioiis at the elefctinn in Camden
&c. conlidcrahlc debate took place among trie rnemntis r
the admiflibilitv of several articles ot evidence ot.ere .
petitioner—fume of wMch weie admitted, ol ' ,ei s 111)13 ij ci .
Mr. i >ckf n concluded his allegations an<t comments, v.- • •
ing as evidence the impeachment oi Judge Olbor' ,'' -nnfel.
Senate of Georgia ; this was objected to by Mr. VI aync s
and a debate efifuing among the members, an a j.>uru.ne
place without a decifiou.
ff-r In «h- Av-, ana N«« on pafiing -he MiH«i«.
Gop, iv>n's n.jim- ilioiild liavc sppcareo » mon *j "; e _)rfr.
Mr. SruKf.Es' .I.mc w..» oroiiud m the lift 0 L" en _|,,i
B»i"n i.. Ebr H.n,fe <*\><» u* qucO.on «»«•*« ,
... , , tt i>ear<rd.~Sce tltcW<"*•" i
AYES
NOES,