Gazette of the United-States. (New-York [N.Y.]) 1789-1793, February 12, 1791, Page 738, Image 2

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    CONGRESS.
HOUSE OF REPRESENTATIVES.
MONDAY, Jan. 24.
The house resumed the confideratton of the amendments
proposed to the new REVENUE BILL.
MR. TUCKER proposed a clause to limit the
duration of the bill : He urged this 1110
tion from the confiJeration of the security it
■would afford to the people, that the duties and
burthens would not be continued after the ne
ceflity of their being laid (hould cease : He ob
served that a future house might agree to renew
the law, or to originate a new one—nor did he
conceive that the creditors of the United States
•would be placed in a worse situation with this
limitation than without it; for a house that
would refufe to renew the a<£t, or originate anew
one, on a principle of justice to the creditors,
would not liefitate to repeal this law.
Mr. Sherman observed, that a clause already
agreed to, fupercedes the necessity of this amend
ment: That clause expressly provides, that other
duties or taxes, of equal value, may be substi
tuted, in cafe the present ftiould prove burthen
fome or inconvenient.
Mr. Jackson Aipported the motion : He ob
served that it was the indispensable duty of this
lioufe to keep the purse firings in their hands—
for his part he never would consent to a' perpe
tual law, which in its operations might prove
odious to the people—and he maintained that
this law would be perpetual, inafinuch as it was
to be commensurate with the debt of the United
States— he urged the adoption of a limiting
clause from a variety of considerations.
Mr. Lawrance objetfled to the motion : He said
it not only interfered with the a<fts already parted,
making provision for the public debt, and which
have express reference to part of the duties con
templated by this bill ; but it also contravenes
the clause which makes it optional with the United
Staves, to substitute other taxes in lieu of those
proposed to be raised by this bill.
Mr. Gerry objeifted to the proposition of Mr.
Tucker, on similar principles with Mr. Lawrancc :
He added, that it would prove a violation of the
public faith, inasmuch as it would make part of
the provilion temporary, whereas the honor of the
government is pledged to provide l hose funds that
arc permanent. Mr. Gerry enlarged on the im
portance and facrednefs of the public faith—it
has been fufficiently trifled with—he hoped more
consistency would mark the public councils in
future.
Mr. Giles said he thought the provifi°n pro
posed, or something (imilar, so important, that
he fliould think himfelf deficient in duty if he
did not offer some obfervaiions on it. He denied
the motion violated the funding system ; but if
it did, he fliould prefer Aich violation to a viola
tion of the conftir*" 10 "- He read a clause from
the funding fyrtem, and said the terms " perma
nent funds" meant established, fixed funds, such
as Congress may hereafter deem necessary ; it can
not m^ ll Congress are not at liberty to vary
funds at pleasure, provided they are but
-always made competent. Will gentlemen fay
that the system is so sacred that it can never be
touched ? He enquired, if in its operation any
system is found to be contrary to the constitution,
ought it to be held lacred ? He then adverted to
the impression under which the constitution had
been adopted, and said that if the people had
then supposed that they subjected themselves by
it to perpetual burthens, which could never be
controuled by the representatives of the people,
not one in a hundred would ever have con
fentcd to its adoption. He asked, on what is the
public faith founded ! Is it founded on the fifcal
regulations of this house? Is it founded on the
funding system ? I hope not: It is founded, fir,
on the integrity of the United States, and their
ability to pay their debts. He was afraid there
was too great a sympathy with the public credi
tors in the house—such a sympathy as did not
properly combine with it the interests and feel
ings of the people at a distance. He conftdered
the power of regulating the resources of the
United States, as at present htuated, properly
lodged—and hetrufted it would not be delegated
to any other body whatever. I hope, said he, we
shall not arm the executive with the golden nerve
of the United States. He considered the execu
tive as possessing al 4Uy the neceflary powers—
he wished they might not be extended—much
less could he consent that the fnnding system
fliould be superior to the constitution of the
United States.
Mr. Lawrance sdvertitig to the constitution,
fpecified the powers thereby veiled in the legis
lature of the United States, they are empowered
to lay excises, impolls and other taxes. He wifii
ed gentlemen would be explicit when they tax
ed others with a design to violate the constitu
tion—he had read the constitution, perhaps not
so much as the gentleman from Virginia, still
he had read it fnfticient to convince him that
nothing in the funding system, nor in the bill
now before the house, was contrary thereto.
He then adverted to the proportion of limiting
the present bill, and said that it mufl appear to
be a palpable violation of the public faith as
pledged by the funding system ; it goes to con
verting not only the present fund into a tempo
rary one, but also converts part of that which
is now a permanent fund into a temporary. He
then adverted to the observation which tended
to affix a Itigmaof odium on the bill ; he remark
ed 011 the fubje<ft of taxes generally, and said
there never was such a thing as a popular tax,
strictly speaking—still the people Submitted to
them on principles of patriotism, and when it
was said that the people are pleased with any
particular mode of taxation, it only means that
some are less exceptionable than others ; this he
conceived to be the cafe in the present in-
fiance,
Mr. Jackson adverting to the bill said, that
the clause which empowers Congress to substi
tute new taxes in lieu of theexcife, plainly shews
that this bill is not a permanent bill—the propo
sition is therefore no violation of any principle
in the bill, it is merely declaratory of what is
fairly implied in the above clause.
Mr. Heifter was in favor of the limitation.
Mr. Bloodworth said he had seconded the mo
tion with a view that if the bill fliould not prove
agreeable to the people, other measures may be
adopted. Suppose the people lhould notconfent
to the law, is one part of the people to be march
ed sgainft another ? It will be in vain for us to
pass a law that shall be opposed to the popular pre
judices ; gentlemen talk of the bill's being agree
able to the people—his experience taught him
very differently ; no system could be devised
more odious to the people of the Southern States.
Mr. Gerry further opposed the motion
Mr. Tucker rose to obviate some of the objec
tions which had been offered to his motion—if
the operation of it went to repeal any part of the
funding law, he was content to have it altered
so as to avoid that consequence. He then enter
ed into a particular reply, to the several objec
tions which had been offered : He invalidated
that which arose from the danger of trusting a
future Congress, by inftaucing the situation of
thedefered part of the debt which is left entire
ly to the integrity of a future Congress ; that the
public creditors do not consider the perpetuity
of the law making pro'vifion for the public debt
as of any superior consequence, is evident from
the increasing value of the defered debt.
Mr. Stone said the motion would counteract
the clause in the funding fyftein which had ap
propriated the duty on rum as a permanent fund ;
he had been opposed to the United Stares pledg
ing their faith for the payment of their debts,
he was for a more dignified mode of procedure,
but as the legislature had thought proper to pro
vide a permanent fund in one instance, he tho't
it proper they should do it in another—and with
refpeft to excise, if that is the best poffib'.e re
source for paying the interelt on the assumed
debt, it ought lobe continued 011 the fame prin
ciple till the objetft is obtained.
Mr. Sherman offered a few observations against
the motion.
Mr. Seney spoke in its favor, and proposed a
modification of it to avoid the objection of its
interfering with tlie funding fyflem.
The queltion was taken on the original motion
and 1011, 30 to 19.
WEDNESDAY, Feb. 9
Mr. Huntington, from the committee appoint
ed for that purpose reported a bill, for encreaf
ing the penalties contained in an ad: for the en
couragement of learning, which was read a firft
time
A meflage was received from the President of
the United States, by Mr. Lear his secretary, no
tifying that he has this day approved and signed
an a (ft which originated in this house, entitled an
adt' declaring theconfent of Congress to a certain
adt of the (late of Maryland ; also communica
ting sundry papers relative to the admission of
the territory of Vermont as a member of the fe
deral union, which were read and referred to a
feledl committee, of three members, Meflrs. Law
ranee, Boudinot and Carroll.
Mr. Sedgwick from the committee appointed
for that purpose, reported a bill to continue in
force for a limited time the acT: regulating pro
cefles in the federal courts ; which was read the
firlt time.
738
Mr. Gerry preferred the the petition of Micha
el Jackson, late a colonel in the Mafliichufetts
line of the army, praying to be placed on the
penlion lift, in consideration of d"liability occaii
oned by public service, which was read and re
ferred to the Secretary at War.
Mr. Bourne gave notice of the following moti
on, that a committee be appointed to prepare and
bring in a bill, repealing so much of the a«si lay
ing import and tonnage, as rates the rix dollar of
Denmark, at 100 cents, which motion was laid
on the table.
On motion of Mr. Smith (S. C.) a committee
of three was appointed to prepare and bring in
a bill supplementary to an aifl for incorporating
the subscribers to the Bank of the United States,
Mr. Smith [S. C.] Williamfon and Mr. Stone
are the said committee.
Mr. Boudinot gave notice, that to-morrow he
fhonld move, that i. committee be appointed to
bring in a bill supplementary to an act for elta
blifhingtlie treasury department.
After which the galleries were cleared.
THURSDAY, Feb. 10.
The bill to ascertain the time for the com
mencement of the next feflion of Congress, was
brought in engrossed, read a third time, and laid
on the table.
Thebill to encreafe the penalties contained in
an acft, entitled, an ac [ t for the encouragement
of learning, was read a second time, and referred
to a committee of the whole house on Monday
next
The bill to continue the atft, regulating pro
cefles in the courts of the United States, \va3 read
a second time, and ordered to be engrofled tor a
third reading,
Mr. Huntington prefentedthe petition of John
"itch, remonstrating againll certain parrs ot the
)ill, to amend the act, entitled, an art to promote
[lie progress of ufefnl arts, which was read and
laid oil the table.
Mr. Smith, (S. C.) prefentcd the following pe
tition, which was read and laid on the table.
To the Hon. The Representatives of the United States of
America, in Congress assembled,
The petition of the [übfcribers, Maflers of American vejfeh, in the port
of Charlejion, South-Carolina, intended for the carrying trade to Eu~
rope, humblyfheweth,
THAT allured by the encouragement afforded by Congress in
a former session, to the shipping of the United States of America,
the owners of the vessels, commanded by your petitioners, were
induced to engage their capitals in the carrying trade, from the
southern States to Europe ; in pursuance of this plan they have
greatly multiplied their (hipping, by building new vessels ; and
others have been taken from the Weft-India and other branche?
of trade, in which for some years past, they have been engaged
with very indifferent success ; the aggregate constitutes a prodi
gious navigation, of which we are concerned to add, that the port
of Charleston at the present moment affords a melancholy proof.
Duringthe lad season a very considerable number of American
vessels were loaded at this port; but their freights were in general
the lead acceptable, and at lower rates than were at the fame time
obtained by foreign vrffcls : This preference could not be attribu
ted to any inferiority in the American (hipping ; but tofome cir*
cumftanccs that are incomprehensible to your petitioners; but
which they trust the wisdom of Coogrefs will ascertain.
In the present instance, your petitioners find themselves in this
port, with (hipping nearly adequate to the transportation of the
whole crop of this country ; and they beg leave to obfervc, that
the season not yet being far advanced, many more vessels may rca~
fonably be expc&ed—and more than thirty are a&ually known
to be coming. Thus situated, the majority of your petitioners find
themfclves destitute of employment ; the influx of foreigners hav
ing been as great, or greater than ever—and the usual partiality in
their favor dill existing ; many of us fore fee the neceflTity of re
turning to our refpeftive ports of equipment, or employment, al
most as unpromising as remaining in port. Hut previous to dif
peifing, we conceive it a duty we owe to our country, as well as
to ourselves, to represent our situation to the supreme Legislature
of the Union.
In the fulled confidence that our petition will be favorably re
ceived, and its objefl be thought to merit the confederation of
Congress ; we have fttbfcribed our names, our refpe&ive vessels,
and their tonnage—and as in duty bound, (hall ever pray.
Signed by the Masters of 24 Ships, }
16 Brigs, Tonnage, 8118.
1 Schooner, )
Charlejlon, South-Carolina, Jan. 19, 1791.
Mr. Boudinot's motion of yeflerday taken
up, and a committee consisting of Mr. Boudinot,
Mr. Fitzfimons, and Mr. Ames, was appointed to
prepare and bring in a bill, supplementary to
the at r t, establishing the Treasury Department.
On motion ,a comm i ttee, con fitting of Mr. Bourne,
Mr. Sherman, and Mr. Thatcher, was appointed
to confide:- and report what alteration may be
proper in the act, imposing duties on imports and
tonnage, in respect to the rix dollar of Denmark,
raied therein at 100 cents.
The house then resolved itfelf into a commit
tee of the whole, Mr. Boudinot in the chair, and
took into consideration the bill authorizing the
President of the United States to cause the debt
due to foreign officers to be paid and discharged :
The bill being gone through with, the commit
tee rose and reported the fame without any
amendment. The bill was agreed to by tiie
house, and ordered to be engrofl'ed for a third
reading.
The house again rcfolved itfelf into a commit
tee of the whole, Mr. Boudinot in the chair, and
took into consideration the bill eilablifliing offices
for granting lands within the territory of the
United States. The committee agreed to sundry
amendments—then rose, reported progress, and
aiked leave to fit again.
Mr. Smith, from the committee appointed for
that purpose, reported a bill fupplcmeiuary to