CONGRESS.
HOUSE of REPRESENTATIVES
Friday Jan. 3, 1794.
IN committee of the whole on the re
port of the Secretary of State refpe&ing
foreign Commerce—Mr. Trumbull in the
chair.
Mr. Madison after some general obfer
vatious 011 the report, entered into a more
particular consideration of the fubjeft.
He remarked that the commerce of the
United States is not at this day on that
refpe&able footing, to which from its na
tnre and importance it ii entitled. He re
curred to its situation previous to the a
doption of the constitution, when con
i: cting fyllemß prevailed in the different
States—the then existing state of tilings
gave rife to that convention of delegates
from the different parts of the Union, who
met to delibeiate on some general princi
ple;; for the regulation of commerce which
might be conducive in their operation
to the general welfare, and that such mea
furcs {houlu be adop'ed as would concili
ate the fricndlhip and good faith of those
countries who were disposed to enter into
the nearest commercial connexions with us.
But what has been the result of the sys
tem which has been pursued ever since ?—
What is the present situation of our com
meice ? From the situation in which we
find ourselves after four years experiment,
he observed, that it appeared incumbent
on the Ur.ited States to fee whether they
could not now take measures promotive of
those objects for which the government
was in a great degree ioftituted. Mea
sures of moderation, firmnefs, and deci
sion, he was persuaded were now necessa
ry to be adopted, in order to narrow the
sphere of our commerce with those na
tions who fee proper not to meet us on
terms of reciprocity.
Mr. Madison then read the following
Resolutions:
Rrfoliied, as the opinion of this com
mittee* that the interest of the United
States would be promoted by further re
ftriCtion* and higher duties, in certain cases,
on the manufactures and navigation of fo
reign nations, employed in the commerce
of the United State, than those now im
posed.
1. RefeheJ, at the opinion of this com
mittee, that an additional duty ought to
be laid on the following articles, manufac
tured by European nations, having no
commercial treaty with the United States.
On all articles of which leather i> the
material of chief vjlue, an additional duty
of per centum ad valorem.
On all manufactured iron, fleel, tin,
pewter, copper, brass, or articles of which
either of these metals is the material of
chief value, an additional duty of per
centum ad valorem.
On all article* of which cotton is the
material of chief value, an additional duty
of per centum ad valorem.
On all cloths of which wool is the ma
terial of chief value, where the estimated
value on which the duty is payable is above
an additional duty of per ceutum
ad valorem ; where such value is below
an additional duty of per centum
ad valorem.
On all cloths of which hemp or flax is
the material of chief value, and of which
the eilimated value on which the duty i>
payable is below , an additional duty
of per centum ad valorem.
On all manufa&ures of which silk is the
material of chief value, an additional duty
of per centum ad valorem.
i. Refolvtd, as the opinion of this com
mittee, that an additional duty of
per ton, ought to be laid on the vessels
belonging to the nations having no com
mercial treaty with the United States.
3. Refolvtd, as the opinion of this com
mittee, that the duty on vessels belong
ing to the nations having commercial
treaties with the United States ought
to be reduced to per ton.
4. Rtfolved, as the opinion of this com
mittee, that where any nation may re
fute to consider as vessels of the United
States, any vessels not bui I.'1.' within the
United States, the foreign built vessels
of such nation ought to be fubje&ed to
a like refulal, unlets built within the
United States. -
5. Rtfohxd, as the opinion of this com-
mittce, that where aay nation miy r«-
fufe to admit the produce or manufac
ture! «f the United Statu, upleft in
vdld* befenging to the United States,
cr«#,*|®jt Ami ia Tcffeb of the Uni
ted tiWa, if Wft imported from any
place not within the United States, a
like reftri&ion ought, after the day
of to be extended to the produce
and manufactures of such nation, and
that, in the mean time, a duty of
per toll extraordinary ought to be im
posed on vessels so importing any such
produce or manufa&ure.
6. Rcfolvtd, as the opinion of this com
mittee, that #here any nation may re.
fufe to the vessels of the United States
a carriage of the produce or manufac
tures thereof, whilst such produce or
manufactures are admitted by it in its
own vessels, it would be just to make
the reftri&ion reciprocal: but inasmuch
as such a measure, if suddenly adopted,
might be particularly distressing in ca
ses which merit the benevolent atten
tion of the United States, it is expedi
ent, for the present, that a tonnage ex
traordinary only of be imposed on
the vessels so employed: and that all
distilled spirits imported therein lhall be
fubjeA to an additional duty of one
part of the existing duty.
7. Resolved, as the opinion of this com
mittee, that provilion ought to be made
for liquidating and ascertaining the los
ses sustained by citizens of the United
States, from the operation of particular
regulations of any country contravening
the law of nations, and that such lofles
be reimbursed, in the firft instance, out
of the additional duties on the manu
factures, productions and vessels of the
nation establishing such unlawful regu-
latione.
Mr. Madison, took a general view of
the probable effects which the adoption of
something like the resolutions he had pro
posed, would produce. They would pro
duce, refpc&ing many articles imported,
a competition which would enable coun
tries who do not now supply us with those
articles to do it and would encreafe the
encouragement on such as we can produce
within ourselves. We Ihould also obtain
an equitable (hare in carrying our own
produce; we fliould enter into the field
of competition on eqaal terms, and enjoy
the a&ual benefit of advantages which na
ture and the spirit of our people entitle us
to.—
He adverted to the advantageous situa
tion this country is entitled to stand in,
considering the nature of our. export!
and returns. Onr exports are bulky,
and therefore mult employ much (hip
ping, which might be nearly all our
own; our exports are chiefly necefiaries
of life, or raw materials, the food for the
manufacturers of other nations. On the
contrary chief of what we receive from
other countries we can either do without,
or produce substitutes.
It is in the power of the United States
he conceived, by exerting her natural
nghts, without violating the rights or
even the equitable pretensions of other
nations; by doing no more than molt na
tions do for the protection of their inter
ests, and much less than some, to make
her interests refpefted ; for what we re
ceive from other nations are but luxuries
to ui, which if we chose to throw aside
we could deprive part of the manufacturers
of those luxuries of even bread, if we
are forced to contest of felf denial; this be
ing the cafe, our country may make her
enemies feel the extent of her power.
We stand with refpeA to tfte nation ex
porting those luxuries in the relation of an
opulent individual to the labourer in pro
ducing the fuperfluities for his accommo
tion ; the former can do without those
luxuries, the consumption of which gives
bread to the latter.
He did not propose, or wi(h that the
United States (hould, at present, go so far
in the line which his resolutions point to
as they might go. The extent to which
the principles involved in those resolution%
(hould be carried will depend upon filling
up the blanks. To go to the very extent
of the principle immediately might be in
convenient : He wilhed only that the le
gislature (hould mark out the ground on
which we think we can stand, perhaps it
may produce the effect wiflied for, with
out unnecessary irritation: we need not
at firft go every length.
Another confideratioa would induce
him, he said, to be moderate in filling up
the blanks :—not to wound public credit.
He did not wi(h to rilk any sensible dimi
nution of the public revenue. He believ
ed, that if the blanks were filled with
judgment, the diminution c» the revenue
from a diminution in the quantity of im
ports would be counterbalanced by the in
creafc in the duties.
The last rcfolutipa he had proposed, he
{aid, is in a manner diftinft from the reft.
The nation is bound by the moil sacred
obligation, he conceived, to protest the
rights of its citizens against a violation of
them from any quarter; or, if they can
not protest, they are bound to repay the
damage.
It is a fact authenticated to this house
by communications from the executive,
that there are regulations eftablilhed by
some European nations,contrary to the law
of nations, by which our property is sei
zed and difpoled of in such a way that
damages have accrued. We are bound ei
ther to obtain reparation for the injustice,
or compensate the damage. It is only in
thefirft instance, no doubt, that the bur
den is to be thrown upon the United
States; the proper department of go
vernment will no doubt take proper steps
to obtain redress.
The justice of foreign nations will cer
tainly not permit them to deny reparation
when the breach of the law of nations
appear evidently; at any rate it is just that
the individual lliould not fuffer.
He believed the amount of the dama
ges that would come within the meaning
of this resolution, would not be very con
siderable.
Mr. Madison's Resolutions being se
conded, were presented and read by the
clerk.
Mr. W. Smith rose to make some re
marks on the observations of Mr. Madison
—when a motion was made by Mr. Fitz
fimons that the committee (hould rife and
report progress, and that the house (hould
give order for printing the Resolutions.
After some further remarks by two or
three members, Mr. Madison said lie had
no wish to precipitate the discussion ; he
was content that the committee (hould now
rife, and that a future early day (hould be
assigned.
The motion for the committee's rising,
being put, was agreed to—the committee
rose accordingly, and reported progress.
A question then occurred as to the day
on which the business (hould be taken in
' to consideration—next Monday was men-
tioned.
Mr. Ames proposed next Monday week
—he observed that the resolutions involv
ed the greatelt interests of this country —
. that for himfelf he could not possibly be
prepared to discuss the business by Mon
day next ; the report of the secretary was
incomplete, a supplementary report had
been received from that officer, which had
not yet been printed, and he believed that
the members were not poffefTed of a know
ledge of its contents ; he could speak for
himfelf at least. He further remarked,
that the fubjeft reqnired the most mature
deliberation of the house—sudden and
hasty dccifions might be followed with the
most serious effects ; they might involve
the facrifice of the eflential interests, or
the honor of the United States.
Mr. Madison said, he saw no neceflity
for a very distant day ; the fubjeft was
not a new one—it existed previous to the
present government, it had been repeat
edly before the legislature of the United
States, it had been amply dilated on in
reports and public dissertations ; he did
not conceivethere was a fmgle proposition
contained in the refolutior.swhich liad not
been repeatedly revolved in the minds of
every member of the honfe. He suppos
ed an early difcuflion would be the most
eligible, as the members would as it pro
ceeded, natnrally throw light upon it.
Mr. W. Smith was in favor of Monday
week—he supposed that many documents
would be wanted by the members which
were not now in the possession of the house
—besides he observed that as soon as the
present queilion was got rid of, he (hould
lay before the house sundry resolutions, re
fpefting foreign tonnage, which would
naturally connect themselves with the reso
lutions brought forward by the member
from Virginia.
Mr. Nicholas was in favor of Wednes
day—he wished for an early difcuflion
He thought the fubjeA would receive
more light from the public deliberations of
the members themselves, than ti would
derive from their studies in their chambers
—the difcuflion will be interesting, it can
not be hurried, and no sudden decision
need be anticipated from as early a day as
Wednesday.
Mr. Murray was in favor of Monday
week—he differed from the gentleman last
up that a public coliflion on this or any o
ther fubjeA was the most probable way to
strike out truth. The calm and dispas
sionate confederation of proportions at lei
sure, appeared to him more likely to be
succeeded by a jufland found deciiion.
He wished for more time than some gen
tlemen appeared willing to allow.
Mr. S. Smith was in favor of Monday
week—he enumerated a number of docu
ments which he thought would be found
neceflary to enable the members to judge
with precision. He considered the fub
je& as highly important to his conftjtu
ents, on which too much deliberation
could scarcely be bellowed, it refers to tax
es and new impositions on trade, the ex
pediency of which ought to be maturely
considered. The object of the proposi
tions are evidently a .commercial warfare
—this is commonly introdu&ive of ano*
ther species of contest—a very serious con
federation ! The gentleman who brought
forward the resolutions had probably ma
tured his ideas on the fubjefl, for his part
he had not, he required more time.
Several other members spoke on the oc-
I cafion motion for Monday week be-
I P ut > was carried by a large majority.
INSTRUCTIONS
From the Cmifliluted Authorities of France,
To CITIZEN GENET,
Minijler of the French Republic y to the United
States of North-America.
Philadelphia, 20th Dec. 1793 ; second
year of the French Republic, one and
indivisible.
Citizen Gfnei, Minister Plenipotentiary of
the French Republic to the United States,
to M. Jefferfon, Secretary of State.
Sir,
The politics of regenerated France, hav
ing candor, fnwknefs and publicity for
their only basis, the mvfterious secrecy of
courts being entirely rejected from her
councils, and the only art of her public
agents being that of using none, I have
informed you, that I would publi(h my
correspondence with the federal govern
ment, and likewise the inftruftions that
have been given to me by the Executive
Council of the French Republic. The
(heets which contain my correspondence
are not yet printed off; but those which
contain the translation of my inltru&ioM
being finiftied, I hasten to enclose to you
copies of them. I beg that they may be
distributed among the members of Cpn
grefs, and that you will request the Presi
dent of the United States to lay them of
ficially before both houses of that legisla
tive body. This firft part of the collec
tion, whieh I announce to you, and which
I (hall transmit to you 111 due fuceeflion,
will enable the representatives of the Ame
rican people to determine whether my po
litical conduit since I have resided in the
United States, has been conformable to the
intentions of the French people. Thi«
step is a duty which I conceive I owe to
my country, and thus leaving it to your
sage Legislators to take such measures re
fpe&ing the points that are in negociation
between us as the interest of the United
States shall appear to require, nothing will
remain for me to do but to prosecute in
your courts of Judicature, the authors and
abettors of the odiou« and vile machina
tions that have been plotted against me
by means of a series of impo(lures which
for a while have fafcinated the minds of
the public, and milled even your firft ma
gistrate, with a view to (hake at lead, if
aot to break off entirely, the alliance be
tween two nations which every considera
tion calls upon to unite and rivet (till fafter
the bonds which tie them to each other, at
a period when the most imminent danger
equally threatens them both.
Accept my refpe&s.
GENET.
INSTRUCTIONS.
Memorial to serve as injlruSions to Citizen
Genet, adjutant-general and colonel, going
to America in quality of Minijler Pleni
potentiary of the French Republic to the
Congress of the United Stales.
THE pa riotifm which Citizen Genet
has shewn in the different employment# en
trusted to him, and his known attachment
for the cause of liberty and equality, have
determined the execute council to nomi
nate him Minister Plenipotentiary of the
French Republic to the Congress of t'ne
United States of Nfrth-America. Thii
proof of confidence is the mote flattering
for citizen Genet, as the French nation set
a high value upon the tie* which unite
them to the American people, tie* whick
the national affrmblv has, on the: 2d June,
1791, fherni the desire to draw still clofcr,
and the legislature he;, moreover, expre£-