PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FEN NO, No. 69, HIGH-STREET, BETWEEN SECOND AND THIRD STREETS, PHILADELPHIA
[No. 85, of Vol. II.;
CONGRESS OF THE UNITED STATES
AT THE THIRD SESSION,
Begun and held at the City of Philadelphia, on Monday the sixth
of December, one thousand seven hundred and ninety.
An ACT making appropriations for the support
of Government during the year one thousand
seven hundred and ninety-one, and for other
purposes.
BE it enatted by the Senate and House of Reprcfentativss of the Uni
ted States of America in Congress AJfembled, That there be ap.
propriated the several funis, and for the several purposes follow
ing, to wit ; A furn not exceeding two hundred and ninety-nine
thousand two hundred and seventy-six dollars and fifty-three cents,
for defraying the expenses of the civil lift, as estimated by the Se
cretary of the Treasury, in the statement, number one, accompa
nying his report to the house of Representatives of the sixth inft.
including the contingencies of the several executive officer s, and of
the two Houses of Congress, which are hereby author'zed and
granted : a sum not exceeding fifty thousand seven hundred and
fifty-fix dollars and fifty three cents, for fatisfying the several ob
jects fpecified in the statement, number two, accompanying the
report aforcfaid, all such whereof, as may uot have been hereto
fore provided for by law, being hereby authorized : and a sum
not exceeding three hundred and ninety thousand one hundred
and ninety-nine dollars and four cents, for the use of the depart
ment of war, pursuant to the statement, number three, accompa
nying the report aforefaid, including therein the sum of one hun
dred thousand dollars, for defraying the expenses of an expediti
on lately carried on against certain Indian tribes; and the sum of
eighty-seven thousand four hundred and sixty-three dollars and
sixty cents, be ing the amount of one year's pensions to invalids,
together with the contingencies of the said department, which are
hereby authorized : Which several sums shall be paid out of the
funds following, namely, the sum of fix hundred thousand dollars,
which, by the ast, intituled, " An ast making provision for the
debt of the United States," is reserved yearly for the support of
the government of the United States, and their common defence ;
the amount of such furplufles as may remain in the treasury, after
fatisfying the purposes for which appropriations were made, by
the acts refpeftively, intituled, <{ An ast making appropriations
for the service of the present year," passed the twenty-ninth day
of September, one thousand seven hundred and eighty-nine ; " An
ast making appropriations for the support of government for the
year one thousand seven hundred and ninety," passed the twenty
fixth day of March, one thousand seven hundred and ninety ; "An
ast making certain appropriations therein mentioned," pafftd the
twelfth day of August, one thousand seven hundred and ninety,and
the product, during the present year, of such duties as shall be
laid in the present feflion of Congress.
FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United
and Prejident of the Senate.
Approved, February eleventh, 1791.
GEORGE WASHINGTON, Piefident of the United States.
(Tru£ Copy)
THOMAS JEFFERSON, Secretary of State.
from the CONNEC fICLTT COURANT
THE lower house of the Pennsylvania aflem
bly has voted to fignify to their Senators in
Congress their desire, that r.o ad: of Congress for
levying an excise, which fliould be subversive of
the liberties of the people, might pass that body.
As good government, order, and public credit
are yet in their infancy, it is proper that the
meaning and tendency of this vote should be con
sidered.
This branch of the Afl'embly mull intend, by
their vote, one of three things—either that the
excise ast before Congress would, if pafled into
a law, be subversive of liberty ; or that it would
not be subversive of it : or, without giving any
opinion op that point, they mean merely to cau
tion their senators against aflenting to any im
proper a(ft.
Let lis examine thelaft supposition firft—lf the
Aflembly had formed an opinion, it is strange
they should conceal it ; especially on a matter
■which relates, as they pretend, to the subversion
of liberty, and therefore demands truth and
plain dealing. If they had not formed an opin
ion on the fubjecft, why should they fay any thing
about it ? Why Ihould thofc offer advice and cau
tion who are tliemfelves in the dark—whofejudg
ment is not yet made up, and who can give com
mon place counsel only, which would fit any pub
lic body, or any public ac r t, as well as that in
queflion ? The spelling-book, the primer, and
the aflembly's catechifni, abound with nfeful
rules for faith and practice. It is to be hoped
that molt of our public men have read them, and
therefore the Aflbmbly's warning against fin and
tyranny, and the excise, might have been saved
to adorn the next year'* almanac, where it would
Saturday, February 19, 1791-
be as much in place and season. Jbut if they will
give away spiritual advice toCongrefs, it may be
proper to make a cafe of conscience of it, and to
enquiie, whether it was right to publilh advice
which is so very liable to be misinterpreted and
abused.
If the Afl'embly did not mean to exprels any
opinion, with refpeift to the ac r t before Congrels,
why did they use terms which may lead some to
suppose that they condemn that bill as fubverfifce
of liberty, and others to be alarmed with doubts
and fears, as if such blind resolutions had given
warning that there was a snake in the grass ?—
We are advised to think twice before we speak
once ; but here they seem to aflert several things
without having thought or enquired at all. Does
it become men in power to resolve at random ?
to raise doubts and fears and jealousies in the so
ciety >. Surely a sense of duty does not demand
that they ihould raise an opposition to an atft,
which, for ought they know or aflert to the con
trary, may be a very good one. It is the part of
meannels, of a tale-bearer, and disturber of the
peace, to deal in blind hints, and cautious slan
der, which the law will not take hold of. If they
know any thing against the bill, why have they
not told it ? Will the world be the wiser for their
doubts or their ignorance ?
But perhaps the force of these observations
will be taken off by renouncing the supposition,
(whicn we have been examining) that they did
not mean to give any opinion for or againlt the
bill, and by letting up the next point, to make
i t appear that they had formed a decided opinion
in favor of the excise bill.
Then why did they not fay so ?—But cannot
Congress give due weight to its doings without
a vote of the Pennsylvania Aflembly ? Has the
conltitution, or the sense of America fattened
that clog upon its legislature ? It was, indeed,
expected of the arbitrels of the union that Ihe
would claim amodeft share of influence over Con
gress. The Excise Acft, when palled, will appear
with only the usual attestations, and we shall be
puzzled to find out whether Pennsylvania likes
it or not. Many will make bold to think, after
all, that an atft of Congress is valid without a
vote of the Alfembly—and they will argue from
that circmnftance, and from the peevishness of
the terms of the refolurions, that they were not
intended in praise of the nieafure, but on the con
trary —If a censure of the excise was intended,
they deserve a different notice. Honest men !—
you who favored the adoption of this govern
ment—and you who live prosperously and hap
pily under it, almost without feeling the taxes it
has imposed, it is time for you to look about you,
and to fee what is the tendency of these things.
You formed the constitution because you loved
your country : If you only love yourselves, you
will maintain it.
The power of imposing excises is veiled in
Congress by the constitution. The Assembly of
Pennlylvauia either dillike the power itfelf, as
given by the conltitution, or the form in which
the bill betore Congress proposes to exercise it.
All men agree that no excise was ever so niild,
or so well guarded against abuse. The obnox
ious qualities of an excise are excluded from it
lurely their inodefty will not allow them to
fay, that their state excise atft is to be preferred
to —that indeed is far from being unexception
able. If they dillike any clause of the bill, why
have they not pointed it out, instead of condemn
ing it in the gross ?
Will they dare to fay, that the bill is as well
guarded as it can be, but they are against the
power itfelf, however modified .'—Why then did
i hey ratify the constitution ?—Why have they
since iolemnly sworn to support it ?—lf they are
publishing resolutions against the constitution it
felf, it is proper that we should know how to un
derstand them.
Enlightened people of America! your painful
experience has stripped politics of its mystery,
and you can judge for yourselves, what is the
tendency or two rival bodies debating on the
fame national measure, in the fame street, and
at the fame time, and each weighing the argu
ment that the revenue was unneceflary, the af
fairs of the Union not demanding such supply.
if they re.olve alike, the labor of one body is
plainly loft ; for why should two be engaged in
doing the work of one ? If they should resolve
differently, as it is probable they will, are not
your interests ) and piact, brought into danger.
753
»
[Whole No. i 89.]
The exercise of the united wisdom and talent s
of your servants in Congress is your right. Isth e
Pennsylvania Aflembly to revifeand fuperinten''
their doings ? Was that Aflembly cliofen for th e
Union? Have the estimates and reports of th c
public officers been laid before them ? Did
carefully discuss the merits of the bill they liav e
condemned—Nay, did they so much as hear i 1
read—or did they decide upon it in the dark ?
And yet these are the men—and this is the so
lemn decision which you are to trust in prefer
ence to Congress. Uutil Congress ihall become
corrupt and treacherous, their power is your
power : But if the Afl'embly can prevent their
acfting, or pretend to revise, or to create oppo
sition to their doings, they become the superior
body—they make your representatives like a
county court, with an appeal to the Aflembly.
The people it is very true, may remonstrate
against the doings of government ; but why
should that AfTembly do it for them ?—All wis
dom is not shut up within their walls.—Our peo
ple know their rights, and that one of them is,
to remonstrate and complain to the legislature,
and this right is rendered familiar by long usage.
And who gave the Aflembly a right to censure
the proceedings of Congress i The constitution ?
That has not said a word about it. Do they de
rive it from the nature of their office of repre
sentatives ? Congress also is composed of our re
presentatives, whom we chose because we thought
we could trust—Then they have an equal right
! to pass a vote of censure on the ails of the As
sembly, and to tell them to mend their high
ways, and to reform their law proceedings.—
They may tell them thattheir neglectof obliging
towns to maintain schools, is subversive of the li
berties of the people, by keeping them in ignor
ance of what their liberties are. And what is to
be the result of this mutual reproach and fault
finding ? More harmony and good order in the
society, and a better discharge of duty in both
bodies ! Or, government against government,
a house divided against itfelf, faiftion, animosity,
civil war and anarchy ?
If Congress should do wrong, the people will
fufFer.—Why should the Aflembly interpose as a
legislature ? If their corporate rights are inva
ded, they may very properly remonstrate, and
seek other measures of redress : The oppreflion
of the excise will not fall upon aflemblies, but up
on individuals. The right of complaining of
personal wrongs, belongs to him only who feels
them : It is a right which he cannot delegate,
before hand, to another to ufeforhim, at difcre
tion—for the agent might complain when the
principal would not. Shall an aflembly arrogate
to itfelf the office of judging for men, whether
they fuffer or not ? Even the most stupid can
judge of this for themselves. The right of the
people as well as the power of Congress is nar
rowed by this aflumed office of the Aflembly.
And why is it exercised by the Aflembly ? Is op
preflion felt > Are any people in the world more
free, enlightened, or profperows ? Why then do
they blow the trumpet ? Were they chosen by
us, to declare, in riddles, the grievances of a
people, who are perfectly fatisfied ? But know,
countrymen, that this Aflembly, which guards
your liberties, unasked, against an excise, has
fuffered one to operate, without question, in Penn
sylvania, near half a century. They forgot the
liberties of Pennsylvania, and with a spirit truly
national, take care ofthofe of other states.
Is not this intermeddling with Congress fufc
verfive of your interefis also ? Suppose their influ
ence should prevent the pafl'age of the excise ast,
the revenue rnuft be had to provide for your just
debts If they will not fuffer you to provide for
thein by a tax upon luxuries, and upon the most
pernicious of luxuries, spirituous liquors, a tax
111 uit be levied upon your lands and houses.
Should discontented persons take courage from
this vote to oppose a measure, which, they pre
tend, is subversive of liberty, with force, what
falls short in the revenue must be made up by the
people. What poflible ad vantage can the people
derive from this conduift of the aflenibly, thus
legislating upon legislation \ Will it vindicate
their rights ? That, the people have fenle and
spirit enough to do for themselves. Will it come
in aid of the laws of the union ? Thank heaven
the days of anarch}' and governing by recom
mendation are past—or, finally, shall the ailem
bly pass votes to censure and counteraift your