CONGRESS.
PH ILA D E L P H I A.
HOJJSE OF R E PRESENTATIVES,
MONDAY, February 13.
IN COMMITTEE OF THE WHOLE.
On the neiu Reprcfcntation Bill.
SMITH (S. C.) in ihe Chair.—The bill
-LVA was read through by the Clerk.
The firft section being repeated by the Chair
man—Mr. Seney mowed that the blank in the
16th line should be filled with the word thirty—
which would determine that the ratio of repre
sentation should be 30,000.
This motion was opposed by Mr. Hillhoufe,on
the old groupd of its unequal operation.
■ Mr. Gerry replied to Mr. Hillhoufe—He ob
served that this apportionment 011 the aggregate
federal number, would be more equal than by the
ratio of 33,000 —but this had been rejected by
the Senate j and as the ratio of 33,000 would not
perfe<ftly cure the difficulty, and would operate
to reduce the whole number of the representa
tives, he conceived that no new light had been
thrown on tfce fubjedt to induce the H'oufe to
confeAt to such diminution.
Mr. Mercer entered into a general view of the
fubjeJt—He supported a large representation—
and urged its importance, as it vefpetfts the de
mocratical part of the community.—The theory
of government is the fame, said he, whether ii
refpeifis a free or a despotic government —it is
not a small number that can govern in any coun
try —Standing armies supply in despotic govern
ments, the place of a large reprefentatioi. in a
free government—Still the operations of govern
ment in both cases, depend on a large numberof
people.
The question for inferring 30,000 was carried
in the affirmative, 30 to 21.
Mr. Mercer then moved t'oftrike out the third
day of March, 1 793, and to insert the fii ft day of
October, j 79-2 —refering to the period when the
states (hall be rep' efepted by the number arifiug
from the firlt enumeration.
H£ informed the House that Virginia had al
ready made provision to fend forward their sup
plemenrary numbers.— He urged the right of the
states 1 efpec'tively to fill up their reprelentation
agreeable to the enumetation, See.
Mr. Gerry supported the motion.
Mr. Fillhoule suggested another mode—He
proposed that thep'efent Congress fhonld expire
after the present session, and a new House be eledl
ed agreeable to the census, to meet at the time
to which the present Congress may be adjourned
—He urged many advantages which would result
from this plan.
Mr. Mercer said his idea was, that the chufing
these additional members would be only filling
up vacancies.
Mr. Murray was for striking out the third day
of March, 1793, for the purpose of inferring an
earlier day—The great objection is an inconve
nience—lt is said the members which now com
pose this House will have to continue by law ano
ther fellion, and 1 he fuppleniental members would
have to continue but to fill the intermediate fpaee
of time from the election to the third of March.
He begged gentlemen to give him leave to fay,
that the only possible obstacle to their thinking
as he did, arose from themselves :—from a defiie
he would not fay how disinterested, to continue
in power longer than they were entitled to re
main under the constitution. The ad: of Con
gress declaratory of the time which members
were to continue, was the sole obstacle 10 the gra
tification of the people in one of their bell rights
—This ast, funded in error ought pi evioufly to
be repealed, and then no difficulty eiiher from
the conftrucftion of the constitution or from in
convenience, could be raised to the wifti that the
additional representatives should take their sea s
immediately after the next general election.
This act produced a mischievous and unthought
of solecism in the government—lt separated re
presentation from confidence, and violated re
fponfibiliry, which is the very foul of the govern
ment..—The people could not but be aftonifiied.
that after the last generalelec r tion, the members of
Congress whom they had not chosen, still conti
nued there to hold their feats, and to act as upon
their confidence and trust. Surely one of the
most obvious truths in a government by repre
sentation is, that election (hall be the criterion
of confidence—and that a continuance to dis
trust after it is withdrawn, overturns
every idea of representation He wished the
committee to reflect that the principal objection
to the motion was eaftly removed, if members
would a<s a disinterested part :—and that if it
be admitted that the duration of the present Con
gress is the obje&ion to the admission of the fup
pJemental members, gentlemen cannot helitate
between the gratification of what evidently ap
pears to be the rights of the people under a fair
conftrusftion of the constitution, and a declarato
ry law which is repealable, and which is so con
trary to realou—'The objection is removable—
the right is permanent. It is certainly of more
confeqoence to adhere to the principle of a just
aivd numerous representation, and to adopt an
early day to give it operation, than to give the
principle the go-by, merely to support a stretch
ed duration of our term, under a law »hat over
sets the mod obvious truths and reafoningon re
presentation. As to the members from Georgia,
if the law giving an extra term to the feats of
members were not repealed, he would still vote
for Georgia's having three members till the term
expired—but at all events he hoped the motion
[ would be agreed to.
The motion was finally disagreed to
TUESDAY, February 14
In committee of the -whole on the bill relative to thf
< "I r r» r * ' -- " "
ilcßion of a President and Vics-Preftdent, ire.
A motion made yafterday, to insert a clause
reftridling the number of electors to the number
of the present Senate and House of Reprefenta
tives being put and negatived.
Mr. Gerry moved to insert a clause, which
fpecifies that " the electors (hall be equal to the
number of Senatorsand Representatives, to which
the several States may by law be entitled at the
time when the Prefidentand Vice-President thus
to be chosen should come into office , provided
always that where no apportionment of Repre
sentatives shall have been made after any enu
meration, at the time of chufing electors, then
the number of electors shall be according to the
existing apportionment of Senators and Repre
sentatives."
This motion with very little objedtion was
adopted ; its propriety will appear from the
following remarks made by Mr. Murray who
("aid, lie was in favor of the wliole, both the pro
pofiiion and the proviso ; the fir ft meditates a
Wiore equal representation of the wishes of the
people of America in the election of the two
great officers of the State ; the proviso guards
against a confufion which might take place with
out the provision. The present representation
in Congress is by no means equal—the States in
their conventional deliberation produced the
present proportion of representatives, more from
compromise than authenticated data ; no census
had then measured to the publip the proportions
of population, which one State bore to another,
and Reprefent&tives including Senators and elec
tors of President and Vice-President, being the
fame in number, and the scale of Representa
tives being unfounded in fatfts and evidence,
rhe inequality which is eviden t, is not to be won
dered at. This proposition remedies the ine
quality ; the proviso was not perfectly agreeable
to his wiflies ; but as it refers the number of elec
tors to a scale of representation ascertained b)
an actual enumeration, and at the fame time will
remove the probability of c«nfuflon by making
each Sta-.e uniform with others as to the rule of
fixing the number of electors, he should vote foi
it. This was a great object attained. It is not
a difficult thing to forefee, without jealousy 01
suspicion, that unless the States are uniform as
i o the rule of apportioning electors, the repose
of the Union might be violated. Should this
law refer to an apportionment to be hereafter
made by Congress this event might take place.
A disagreement might happen between this House
and the Senate, and in the tumults and contu
macy by which they might be agitated towards
each other, no apportionment might be made ;
in this situation the executive would be left at
the mercy of the two Houses and the order of
things violently deranged.—But even if the peo
ple having a census before them, though not
aJted on by Congress, were to make their elec
tions agreeably to what might be their refpec
tive ideas of the apportionment to which the
census apparently entitled them, yet we are not
certain that they would all acft by a uniform rule
—and if they acted without such rule, there might
appear before the tribunal of the public two Pre
sidents, or two men of great power claiming the
Presidency of America—This would be an evil
of great; and alarming size—and one which he
fomnch deprecated, that he willingly yielded
to the proviso, which he thought would tend to
leflen the opportunity by which designing men
could effect it. &
SATURDAY, March 17.
The Speaker laid before the House a Report
from the Secretary of the freafury, 011 the peti
tion of the trustees of Wilmin«gron College, and
a report from the Attorney General, 011 the peti
tion of A. Jackson — which were read and order
ed to lie on the table—as also another from the
Secretary of the Treafmy, in obedience to a le
lolutian, parted on the Bth inilanr, directing him
374
to report to the House the Ways and Means, by
which, in his opinion, the additional funis, ne
ceflary for the public service, ought to beraifed.
In,this last report the Secretary proposes an
alteration in the impost duties on certain foreign
articles, and to have them rated as follows :
Cuits.
C London pr. gall. 56
Madeira Wine London Market,
£ Every other quality, 40
33 cents. Oporto 25
30 TeneriiFe & Fayal 29
2 5 _
Sherry
St. Luca
Lisbon
Spirits distilled from Grain, or in which grain
is the principal ingredient, Cents.
First class of proof, - 28 pr. gtif.
2 - - 29
3 - - - 31
4 - '34
y 40
6 - - - -SO
Other distilled Spirits,
Second class and under 24
3 - - 27
4
5 - ' - 37
6 4>
Beer, Ale and Porter, 8
Steel per cwt. 100
Cocoa and Chocolate, 2
Playing Cards, 2J
Shoes and Slippers, of silk and
ftuff, per pair, 20
Do. of leather, 10
Glass* (except bottles) guns,
pistols, starch, &c. ad. val. 15 percent.
' Veflels of tin, copper, &c. 10 do.
Oils, Cosmetics, Dentrifice Pow
ders, printed Books, &c. xo do',
and all goods now rated at per cent, toberaif
ed to 7J per cent. Salt to be raised 1-6 of the
present duty—from all which it is proposed to
draw an additional revenue, viz. from Madeira
Wine, of which the average imported is 300,00®
gallons. 36,000 Dots.
Other Wines, 700,000 gallons, 31,000
Distilled Spi its, 73, 000
Salt, 40,000
Malt Liquors, Cocoa, Playing
Cards, other articles, ad. val. 93,500
2 per cent, addition on those
at 5i
Total, 523)500
Which, with the surplus in theTieafuryofthe
preceding vear, will make up the mm wanted.
Ordered, that this report be taken up ill com
mittee of the whole on tiiday next.
A motion laid on the table by Mr.Williamfon,
on the 6th inft. being called up and agreed to,
a c iinmittee was pursuant thereto appointed, to
bring in a bill to amend the import law, so far as
to permit the landing of fait at certain ware hous
es belonging to the fiflieries, and to provide for
an allowance of a drawback of the duties on tlie
fait used on provisions exported.
The House then, took up for consideration tlie
amendments proposed by the Senate to the repre
sentation bill.
The firft amendment, by which the Senate pro
pose, without any fixed ratio applicable t" the
refpedive number of inhabitants in each ot the
several dates, to increase the representation from
112 members (the number fettled by the Hou e,
at the ratio of one for every thirty thoulandj to
120, by the addition of one member to each 01
ihe following (tales, viz. N. Hampfhite, Maßa
chufetts, Vermont, Connecticut, N. Jeriey,
iaware, N. Carolina, and S. Carolina, -was pro
ductive of a warm debate, in which a dilWut
of the government was talked of as an even
no verv diltant perfpetftive, in cafe the <>
(hould, in compliance with the views ot tne:
nate, adopt a mode of apportionment, o
irarv, and so directly tending to deltroy
dividuality of the dates, and to swallow them
up in a genetal eonfolidation. „ t ,- r i n r
The q tieltion being finally taken on con
with the Senate, it palled in the negative
5 0 —nays 31. YEA S, n„„rnf.
Me (Irs. Ames, Benfon, Boudinot, • .
B. Bourne, Clarke, Fitzfimons, Ger '7» hfl |
Goodhue, Gordon, Hartley, J ;icobs ' Nj)es
Kittera, Lawrance, Learned, Livermo , * .
Schoonmaker, Sedgwick,J.Smith, i,
Sylveder, Thatcher, Treadwell, Vin"' 0 .
worth, Ward.— 30.
NAYS. ...
MefT-s. A (lie, Baldwin, Barn'well, Hi l|.
ley, Giles, Gregg, Griffin,. Groves H«fte , .
house, Huger, Key, Lee".Macon.
cer, Moore, Muhlenbutg, . > Tucks,
W. Smith, Sterrett, St urges, il,nl P te J_
Venable, White, Williamson, W'lH • ■ , t0
The other amendments being 2 ; ntnl ent ci
_Mr. W. Smith moved for -
a committee, to cpnfer witli ja„,e,id
the Senate might appoint, tpconli. ■ dl""*-
nients. The motion being <•?['£' .j. all d W-
Madison, Findley, Baldwin, , rnQ fe.
Smith, were appointed for that P l - 1
TOO
2 SO, 000