Gazette of the United-States. (New-York [N.Y.]) 1789-1793, June 10, 1789, Page 67, Image 3

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    ■lW' was received from the Senate, inform
i House that they concurred in their
in§ f,V 28th of May—by which every mem
voCe. 1" funiillied with a 4 compleat sett of the
er 1S T- >f the late Congress.
fc' i llF obferved,that thefubjeAofamend
was of very extensive importance—he iup
tl that the House could not, with any pro
v defer their consideration any longer ; lor
P m uVhthe Conftitutioh had been so generally
,l 'si f ve' it was evident, that alterations and
'amendments were expected by perhaps a majority
° f \| he stl'rH (s!C S ) then introduced a propofi
• ' for the appointment of a feled. committee,
tlo «ketfie business into consideration, and repoit.
Mr' PiOEwas in favour of a committee ot the
whole, and urged the propriety of commencing
r enquiry without any further delay, as a mea
fore that would be productive of very happy con
was opposed to the measure forfe
veJ\ ,-eafons—the incompleteness of the revenue
and judiciary fyltems ;_thefe, he urged, ough.
be tiniihed previous to a difculhon ot amend
ments: The judiciary ljitem may provide a re
medy for some of the defects complained, of-and
without giving the Constitution any operation,
it was impossible to determine what were defects,
or not—and what alterations were necefiary.—
He further observed, that he conceived it necel
farv previous to any di<cuffion of the subject,
that it should be ascertained whether two-thirds
of the House and Senate were ill favour ot en
tering upon the bufinel's—he supposed that the
voice of two thirds \»ere as requilite to ian<ftion
the expediency of the measure, as they were to the
adoption of amendments —He was fully of opinion,
that experience alone, could afcertam the real
qualities of the Constitution—The people are
waitiii" with anxiety for the operation of the Go
vernment—What has Congress done ?—Have they
vafl'eda revenue law?—ls p.ot the revenue daily
efcapin" us?—ls it not of iminenfe confequencc
to compleat the system ?—Let us not perplex our
fclves, by introducing one weighty and important
question after another, till some decisions art
made: This mode of introducing one piece o»
business, before a former one iscompleated, tends
to confufe the mind, and incapacitate it from do
ill"- full juityce to any fubjeel—He hoped, there
fore, that the House would not go into a com
mittee of the y>foU upon this business.
Mr. Madiso-j conceded to the motion for chuf
ing a feleci co. urittee—He then obferx id, Tha:
he°:houcht it would be attended with salutary ef
fefts, should Congress devote, at the prcfenttime,
la much at lead one day to this buiinef, to
convince the world, that the friends of the Con
stitution were aS firm friends to liberty as those
who had opposed it: The advocates for amend
ments are numerous and respect ible-—fome . Ite
ration of the Constitution lays with great weigh;
upon their minds—they merit consideration.—He
urged the expediency of the measure, from the
fituatiou ot ''1 ! -in. - ltd an . .\ T o;t t-C u*olina
He had no doubt that it would conciliate them to
wards the Union, and induce tliem to unite, and
again become b> autiies ot ihe gi eat American 1 a
mily.—He was, he obfei ved, in favour of fund'rj
alterations, or amendments, to the Constitution—
he supposed that they could be made without in!
jury to the fyitein—He did not wish are-conside
ration of the whole—but supposed that alteration!
might be made,without effecting theedential prin
ciples of the Conftitution,which would meet with
universal approbation ; —thefe lie would pro
pose flifiuld be incorporated in the body of the
Constitution.—He then mentioned the several ob
jections which had been made by seVeral of the
States, and by people at large :—A bill of rights
has been the gi eat object contended for—but this
was one of those amendments which he had not
supposed very eflential.— freedom of the
piefe, and the rights ofconfcience, those clioiceft
flowers in the prerogative of the people, are not
guarded by the British Constitution:—With re
fpec r t to these, apprehensions had been entertain
ed of their infeeurity under the new Constitution ;
a bill of rights, therefore, to quiet the ndnds of
people upon these points, may be salutary.—
He then adverted to the several bills of rights,
which were annexed to the Constitutions of in
dividual States ; —the great objetft of these was,
to limit and qualify the powers of Government—
to guard against the encroachments of the Exe
cutive.—ln the Federal Government, the Execu
tive is the v, eakeft—the gi eat danger lies not in
the Executive, but in the great body of the peo
ple—in the disposition which the majority al
ways discovers, to bear down, and depress the
In stating objections which had been made to
affixing a bill of rights to the constitution, Mr.
Ma di so n observed, that objections to a continen
tal bill of rights applied equally to their adoption
by the States—The objection to a bill of rights,
•rorn the powers delegated by the Constitution,
being defined and limited, has weight, while the
Government confines itfelf to those fpecified li
ttuts; but iuftances may occur, in which those j
limits may he evecrlei, by virtue of a conftruc- |
tion ot that clause empaweringCangrefs to make
all neceflary laws to carry the Conltitution into
execution—The article of general warrants may
be inftanced.—lt has been observed, that the
Constitution does not repeal the State bills 01
rights;—to this it may be replied, that some oi
the States are without any—and that articles con
tained in tliofe that have them, are very impro
per, and infringe upon the rights of human 11a
ure> in several refpeiTts.—lt has been said, thai
bills of rights have beenviolated—but does it fol
low from thence that they do not produce salu
tary eftefts : This obje<slion may be urged againfl
every regulation whatever.—From these, and
other confederations, Mr. Madison inferred the
expediency of a declaration of rights, to be in
corporated dn the Constitution.
Mr. Madison further observed, That thepro
po.tion of Representatives had been objected to —
tnd particularly the discretionary power of'di
nin ifhing the number.—There is an impropriety
in the Legillatures' determining their own coin
penfation, with a power to vary its amount.—
The rights of conscience ; liberty ot the press ,
and trial by jury, should be so secured, as to put
it out of the power of the Legislature to infringe
them.—Fears refpedting the judiciary fyften;,
(hould be entirely done away—and an express de
claration made, that all rights not exprelsly giver
up, are retained.—He wilhed, that a declaration
upon these points might be attended to —and i;
the Constitution can be made better in the view
of its most sanguine supporters, by making fonu
alterations in it, we shall not adt the part of wife
men not to do it—He therefore moved for the ap
pointment of a committee, to propose amend
ments, which should be laid before the Legilla
tures of the several States, agreeably to the jth
article of the Constitution. -
Mr. Jackson observed. That th 6 Hon. Gentle
man's ingenious detail, so far from convincing
him of the expediency of bringing forward the
fubjedt of amendments at this time, had confirmed
him in the contrary opinion : The prof petit which
fucli a discussion opened, was wide and extensive,
and would preclude other business, of much great
er moment, at the present jun'Clure—He differed
widely from the Gentleman, with regard to bills
of rights—several of the States had no such bills—
Rho<?e-Ifland had none—there, liberty was car
ried to excess, and licentiousness triumphed—ln
some States, which had such a nominal security,
the encroachments upon the rights of the people
had been most complained of.— Ihe press, Mr.
Jackson observed, is unboundedly free—-a recent
instance of which the House had witnefled in an
attack upon one of its members—A bill of rights
is a mere ignis fatuus, amusing by appearances,
and leading often to dangerous' conclusions. —
I repeat it, Sir, the present is not the time to
bring forward amendments—they inuft be specu
lative and theoretical in the very nature of things,
and may themselves be the fubje«fls of future a
mendments.—This consideration points out in the
clearest manner, the propriety of waiting the re
sult of experiment, to determine the merits of the
Constitution : To that let us refer the fubje<Sl,and
not watte our time in useless speculations.
Mr.'Gerry thought it unnectHary to go into
a committee of the whole upon this fubjedt at
the present moment. —He did not think such a
step neceflary to fatisfy the people,iwho are ful
ly sensible that Congress is now engaged in the
areat objetfts of the government —hevwfhed liow
ver, that as early a day as poflible, might be as
signed, that the mode of another convention
might not be thought of—in which we might
lose the most efl'ential parrs of the constitution—
he observed, that he was not a blind admirer of
the system, there were deserts as well as beau
ties in it but as it was now become the coufti
tution of the Union, he conceived, that the sal
vation of the country depended upon its efta
blilhment, amended or not. —He was further in
favor of an early day,, on account of North-Ca
rolina and Rhode-I/land, as the acceflion of these
States to the Union was very desirable, and good
policy dictated that every proper step should be
taken to expedite that event.—He was opposed
to referring the matter to a select committee
as derogatory to the dignity of the States he
conceived the whole of the amendments propo
sed by the several conventions should come im
mediately before the House-— Ihe faith of Con
gress ought to be considered as pledged to take
up this business upon the most extensive scale—
He moved therefore, that all the various propo
sitions for amendments Ihould be referred" to a
committee of the whole, and that an early day
be afligned to go into a full investigation of the
fubjeeff— and proposed the firft Monday in July.
Several other gentlemen spoke upon the fub
jetfl, when _
Mr. Madison arose and withdrew his lalt mo
tion for a felec r t committee, and then submitted
the House a resolve compriz/ng a number of
amendments to be incorporated in the constitu
tion, these he read for the consideration of the
Mr. Livermore was opposed to this resolve—
he conceived it entirely improper for any indi
vidual number to propose any particular number
of which do not take up the differ
ent amendments piopofed by the several Slates;
Mr. Page and Mr. L e rose to jufti
fy Mr. Madison, they thought theihfelves under
gieat obligations to him, and conceived fhat the
node he had adopted was juit and fail -—and cal
culated tobriiig the attention of the House tp a
proper point in determining ilie fubjecft.
Mr. Madison observed, that it was neceflary
he subject Ihould be bi ought for V.aid hi fonie
form or other.— after wailing a considerable time
for oLhers to do it—he had thought proper to -
propose the form, now fubwiitted to the Houfe —
newspapers and pamphle s were lie epolitories cf
the several amendments—those 'veie not the
proper sources—the resolve is now before the
Houfe,and they may do what they tliink proper
with it.
Mr. Lawrance moved, that the revive intro
luced by Mr. Madison, ihould be ftibmittcd to
he confideratioti of a committee of the whole
011 the state of the Union.
Mr. Boudinot propofeda fcletft committee to
consist of a member from each State.
After a few mrfre observations the motion of
Mr. Lawrance being put was carried in the af
firmative.—The House then adjourned.
Tuesday, June 9, i7s9*
House met perfuant to adjournment.
Upon motion it was voted, that this day fort
night .he House will resolve itfelf into a commit
tee of the whole, to take into consideration the
report of the committee refpeAing the enroll
ment, attestation, &c. of the a<fts of Congress.
It was moved,that the rule of the House which
enjoins a division of the members, in cafe of doubt
as to the decision of any question, Ihould be a
mended,by faying, that the members in the af
firmative Ihould ife in their places, and Hand till
counted —this motion obtained.
The House thenrefolved itfelf into a committee
of the whole, and resumed the bill on the collec
tion of the revenue.
Forts of delivery under consideration.
Previous to making any further nomination of
such ports-»-it was moved, that the Ihores, bays,
rivers, creeks and harbours, be divided into as
many diftricfts as there are po: s of entry in the
United States.—This motion after a difcuflion
was adopted.
It was moved to insert a clause, whereby masters
of ships and other vell'els loaded with goods,
wares, and merchandise, and bound into the Uni
ted States from any foreign port, should be obli
ged to produce duplicate manifeftos of their
refpe<ftive cargoes, to any officers of the cultoms
that mdy demand the fame, previous to their en
tering the ports ofdeftination.
This motion gave rife to a lengthy converfa
ti on which terminated in withdrawing the motion.
It was then voted, that a Collector, a Na
vai Ofi ict k, ,and a Surveyor should be ap
pointed each of the following ports, viz.
Boston, New-York, Philadelphia, Baltimore, Nor
folk and Port/mouth, Altxandria, Virginia,; George
town in Maryland, Charleflon, South-Carolina,
and Savanna. —Tfie committee then rose and the?
House adjourned. . ■
NEW-YORK, JUNE 10, 1789.
It is indeed a substantial right,' that all the laws of the country
Ihould be nude by reptefematives chosen by the great body o£
the people. In this the body of the people have strong hold of
-overnment. If they will always keep good hold of this r'ght,
and use it properly, the government will be free and happy. It r
they will be faithful to themfelvcs and their country, in always
urning out and choosing the molt honest and able m< n they have
for their repreferttatives, their rights and liberties will be well fe
ared, and there is no danger but the government will go on well.
It should be feUai one of the moll important and eonfcientious
rlui its, to be honest and faithftil in the c! o . r o; their reprcfenta
tives. But it the body of the people will (la;* at home at such
Mil I. and fuller mm who have nothing but f. If interest at bottom,
to ptifh forward and get to be the law makers of the land, the
new cbnftitution will be no better than lie old One easy max
im well followed, will now keep us all fate, let every man that
has a right to vote, make a point always to attend evety elcfiio«,
ind impartially vote for such, as he thinks mots hontfl and moffc
able to I'eive their country.
There is one advantage which we may promise ourfelvfs from
the thorough investigation of the Revenue System—it will come
forth at last in greater ptrfeftion. .
Perhaps there is no part of legislation so difficult as to devitc
the mod easy and acceptable methods of raising the neceflary re
venue from the pockcts of the people : all wife and patriotic ru-
Icrs arc as folicitousto adjust the public burdens upon the scale of
equity, as they are to realize fufficient funds for the support of
just government.
Extract of a Utter from Bojlcn, dated June 4, i7°9-
{t There has been three important seizures of goods, made by
the revenue officers, within these few days. This w ill pave the
way for an efficient ex cution of the new laws,. t
Since scaling the letter, I am credibly informed, that a rr.o
:ion has been made, in the General Court, by Mr. Henskaw,
that a joint Committee be appointed to prepare an address to the
President of the United States, congratulating him on his appoint
ment —exprefling the attachment of the Legislature to his perfon
ind their intention to give every altiftance to his exertions for
;>romotin t the common good, agreeably to the Federal Conilitu
;ion. The motion being fecooded, palled in the affirmative una
iimoufly. Mr. Hensh at, Dr. Jarvis, and Mr. Mason were
:hofen or. the part of the Ho"l<-."
There have arrived in this port since Friday last, upwards 01 30
"til of veflels. ______
h fiur paper of 30th tilt, roe gave an extract from the injlruftions
of the Duke of Orleans : The fetches handed us on Saturday, do not
correspond uitfi thcn—ive therefore repeji font fatisjaflion as to tmr
genuin^nefs,before they affeaf*