CONGRESS. PHILADELPHIA HOUSE OF REPRESENTATIVES, TUESDAY. February 7. In committee bf the whole, on the Fijhery Bill. (Condujion of Mr. Pacj'j Speech.) THE framers of the conflitution guarded so much against a possibility of such partial preferences as might be given if Congress had the right to grant them, that even to encourage learning and ufeful arts, the granting of patent; is the extent of their power : and surely nothing could be less dangerous to'the sovereignty or in tereft of the individual dates than the encourage ment which might be given to ingenious invent ors or promoter* of valuable inventions in th< arts and sciences—the encouragement which the general government might give to the fine arts to commerce, to manufa<ftures and agriculture might, if judiciously applied, redound to the ho nor of Congress, and the splendor, magnificenci and real advantage of the United States : butthf wife framers of our constitution saw that if Con grefs had the power of exerting what has beer called a royal munificence for these purposes Congress might, like many royal benefacTtors misplace their munificence, might elevate fycho phants, and be inattentive to men unfriendly tc the views of government ; might reward the in genuity of the citizens of one ltate,and negle<ft s much greater genius of another—a citizen of 1 powerful state it might be said, was attended to ■whilst that of one of less weight in the federai scale was totally neglected. It is not fufficieni to remove these objections, to fay as some gen tlemen have fadd, that Congress is incapable ol partiality or absurdities, and that they areas fai from committing them as my colleagues or my f" e lf—l tell them the constitution was formed or a supposition of human frailty, and to reftrair abuses of mistaken powers : the constitution has been said by some one to be like answers of the oraclesof old, capable of various and opposite con ftnitftions, that it has been ingeniously contrived like some of them to suit two events, a republi can or a monarchical iflue ; I will not pretend to fjiy that this is not in some instances too just an obferration, nor will I undertake to deny that it was not the intention of some of the conven tion that such ambiguities might be in their con stitution, to correspond with the critical and am biguous state of the American mind, refpecfing , government ; but I will boldly affirm, that what ever the theories of that day might lead some tc think, refpedling the application of monarchical principles to the govern ment of the United States no one can at this day pretend that they are ap piicable to their circuinftances, their disposition! or interests, or even are agreeable to the wifties of the people. Even before the adoption of the conflitution when the rights of men had not beer so thoroughly investigated as they since have been, it must be remembered, that whole states and large and refpecftable minorities in other states, complained of and objected to the arifto cratical and monarchical features of the new go vernment. In vain did the friends of the new government, friends of order, of union, or oi liberty, contend that the powers granted by the constitution, which appeared so alarming, were such as would never be exerted but when all good men would acknowledge the neceflity ofexercif ing them, and that indeed they would be explain ed or restrained by some future amendments the sagacious and eloquent Henrvfhook his head at such promises, sighed and submitted to the will of the majority, a small one indeed, but sot etoid from his knowledge of the human heart what would be done and said in just ification of every measure which might extend the power of Congress. Is it politic and wife then, Mr. Chairman to exert the power contended for, even if it be'au thorifed by the constitution ? May not the inter ference of Congress in the bnfinefs of regulation the trade of the eastern states excite, if not envy on account of a fnppofed partiality, a jealonfy Jelt Congress undertake to intermeddle in the commercial regulations of other states ? Mav not Congress with equal propriety undertake to re gulate the tobacco, the rice and indigo trade a< well as that of the fisheries ? If they intermeddle in the buunefs of Tailors, why not in that of ma nufatfturers and farmers ? Where 1 may ask wirh my colleague may they not go on in their zeal and J will add, in their laudable pursuit of pro' .noun- the general welfare ; and how tot'rlh may they be mistaken ? If jealonfy of rival (tare*. *nftead of mutual fatisfaction and pleasure—i' diftrnft and suspicion of Congress, instead of confidence in their measures, be the consequence, how will the union be promoted, or the general government fecnred ? However virtuously dis posed the present members may be, and I am, ready to applaud their honed intentions, let them consider, Sir, that they had better suppress their patriotic emotions, than give a pretext for their ( ncceffors to abuse the powers which they now wi(h to exert for the public good : I know they will quote the opinion of as wife and virtuous a citizen as is in the United States : I know his pa triotism, and know well his true republican prin ciples ; but Sir, with the freedom of a fellow ci tizen, I take the liberty of faying that his honest zeal, like that of the friends of The bill, has led | bim into a mistake.* That able statesman and virtuous citizen, like the eloquent advocates of the bill, has considered the aiSs now quoted, as a full fantftion for the one before the committee : but I am of opinion that those atfs had better be repealed, than give a fantfion to the enarting of a law which goes to the establishing of bounties, or drawbacks, or by whatever other name they be called, which may be nfed to the partial en couragement of any branch of trade or employ, ment whatsoever. I (hall therefore vote against the bill before us, and to get rid of it, (hall vote for striking out of it the lit feclion according to the motion now before the committee. As a member of this House I lliall think it my duty to protedl the fifheries, and every other branch of our commerce, the fifhermen as well as every o ther citizen, as far as may be within my ability ; but I am not permitted, as a member of Congress, I humbly conceive, to felettthe fifheries and fifh ermen as objects of more consequence than any other branches of trade, or persons employed in them, left Congress fhouid not only shew a mif raken attachment, or even if judiciously placed, excite jealousies and discontents between the states, and diflruft deftrucftive of their weight and influence. My constant wish has been to "fee Congress confined to such acfts as would form a more perfect union, promote the general wel fare, insure domestic tranquility, and engage the confidence of our fellow citizens. My wish is, that the members of Congress would leave their refpedtive states in the full en joyment of every right and privilege they held before their adoption of the new constitution, which can be exercised without prejudice to the general government. Let the legislatures of the different states encourage as far as in their pow er, the commerce, agriculture or manufactures of their refpedtive states ; and let Congress, as far as can be consistent with the most steady im partiality, patronize their patriotic exertions by wife regulations of their commerce with foreign nations, such as may open as full an intercourse with those nations as the states may desire. The emulation of the filter states in commerce, ma nufactures or agriculture, would lead to the ear ly eftablifhtnent of that branch of either to which each state might be best adapted : this rival, .ip could produce no jealousy, no general national discontent in the states, 110 localities inCongrefs. Virginia would not attempt to rival Maflachu ietts in her fifhei ies or carryingbufiuefs, nor will South Carolina and Georgia rival the manufac tories of Jersey and Pennsylvania : each state may rejoice to fee its filter dates enjoyin<r the advantages with which Heaven has blefled the n : and Congress, if confined to fubjedts which admit not of local considerations, may debate with tem per and decide with unbiafled judgment. I con fefs I have wished that Congress pofleffbd the power that the friends of the bill tell us we do possess, and tell us we have exerted : but on ex amining the constitution with a view to my wish, I I found reason to think, not only that Congress has not that power, but that it ought not to pof :r > "nlefs the constitution was intended to eltablifh a consolidated government on the ruin ol the State legiflaftures : but this I conceive can not be the cafe, because the constitution guaran tees to the states their relpedtive republican go vernments. The general powers ofCongref* no doubt ought to be (as they are) adequate to the pnrpofe of forming n moreperfett union than fub hlled under the confederation, to establish jus tice, &c. &c. but as they are bound to guarantee to the states, their refpedtive republican forms or government, I cannot conceive how any of tjiele powers can be employed (confiftentl v with the ends for which they were given) in diminish ing the power and sovereignty of the state legis latures. How Congress can interfere in the 're gulations refpeoting the merchants and their sai lors at Marblehead. with more propriety than with thofeat Philadelphia, Norfolk or Charles ton, I cannot conceive : nor how this interfer ence could take place without alarming thele Hates, I know not. Viewing the bill before us in this light, Mr. Chairman, I fliall vote against it, and, as I said before, to get rid of it, ffiafi vote to strike out the firft fedtion according to the motion now before the committee. (TO BE COXTIKUIO.) J BF * r * R,ON « Secretary °f State, in his Report on th 366 SATURDAY, March IO An engrolTed « bill declaring the consent f Congress to a certain ad* „f the ft* * > ° f land, and to continue for a longer rim* declaring the aflent of Cn« f? t,mc > an act "f the states of M»r,£„d<£«? " aC " ■ Hand and 111 e tefpeds the flares of Geo: <ri- an rl r! . Island and Providence was reaJu htrd tune, pnfled, and fcnt to the Senate 2 their concurrence. lc lor TheHoufe proceeded to the consideration of he meflage received from ,| le President of ,h e United States on Monday last, w i,b the trai.fl, tion of the letter from the King of France an nouncing to the United Sca.es his acceptance f he New Confhtuuon ; whereupon thefoliowJ lefolution was moved, viz. ° ' Relolved, That this House hqth received I vv.th fennments of high fatisfatfrion, the notifies! tion of the King of the French, of his acceptance of the Conftnution preferred to IHm in the rami, ofthe nation:—and that the President of'the United States be requested, in his answer to the find notification, to express thefincere particip* tion of the House, in the interests of the French nation, on this great and important event • and their w.fh, that the wisdom and magnanimity dilplayed in theformation and acceptance of the Conftitmion, may be rewarded by the most p tr . fedt attainment of its obje<fr, the permanent hap, pinels of so great a people." A motion made for the comnii ment of this re solution, pafled in the negative—yeas 17, nays sj. A debateof considerable length then tookpl»e on the adoption of the resolution; after which a division of the question being called for, the House agreed to the fir It parr, as far as the words " important event" inclusive—yeas jo, nays 2. The question was then taken on the remaining part of the resolution, and also pafled in the af firmative, as follow : MefTi'S. Afhe, Baldwin, B. Bourne, Clark, Find lev, Fitzfimons, Giles, Gilman, Gregg, Hartley, Heifter, Key, Kitchell, Ki trera, l.ee, Macon, Ma dison, Mercer, Murray, Niles, Page, Schoonma ker, Seney, Steele, Sterret, Sturges, Sumprer, Thatcher, Tread well, Tucker, Venable, Vinine, Wayne, White, YVilliamfon—? j. Messrs. Ames, Barnwell, Benfon, Goodhue, Gordon, Hill house, Jacobs, Lawrance, Learned, Livermore, Sedgwick, J. Smith, I. Smith, W. Smith, Wadfworth, Ward—l 6. A committee of five members was appointed, o wait 011 the Prefidentof the United States with he said resolution. The foil owing resolution was proposed and agreed to, viz. " That in the cafe of the conteftedeleclionon the petition of James Jackson, complaining of an undue election and return of Anthony Wayne, one of the members returned to serve in this House for the state of Georgia, the fitting mem ber have leave to be heard by counsel, at the bar of this House, on Monday next." Adjourned. MONDAY, March 12 The trial of the contested election for the lower diftrit't of Georgia, having been poltponed to this day, Mr. [ackfon, the petitioner, and Mr. Lewis, as counsel for the fitting member, appeared in the House, and had feats afligned them within the bar. Mr. Lewis moved that the trial should be fiir- tlier poltponed, and alfigned as a reafon,thatthe evidence had not been received for which the late postponement was granted. Mr. J.ickfon opposed a further poltponement, fllledging that fullicient time had elapsed. After considerable debate, Mr. Lewis's motion was put and negatived— 19 members only riling in the affirmative. The House then attended to theallegations.— Mr. Jackson stated the evidence refpedting the Craniadtions at the eledtion in Effingham County* having proceeded through that part of the bull' ness, the house adjourned. TUESDAY, March 13, A m efface was recciv ed from the Senate by Mr. Secretary O-'S w;t!i the Rc-prcfentation bill—parted the Senate with the amcß 'ems. t , . ; The Honfe proceeded in the trial of the • i le lower di(ti ;£l o. 1 Georgia. . Mr. Tjckfon continued the detail of his evidence— ' n f p" IUV a ftatsment of the tranfflttioiis at the elefctinn in Camden &c. conlidcrahlc debate took place among trie rnemntis r the admiflibilitv of several articles ot evidence ot.ere . petitioner—fume of wMch weie admitted, ol ' ,ei s 111)13 ij ci . Mr. i >ckf n concluded his allegations an<t comments, v.- • • ing as evidence the impeachment oi Judge Olbor' ,'' -nnfel. Senate of Georgia ; this was objected to by Mr. VI aync s and a debate efifuing among the members, an a j.>uru.ne place without a decifiou. ff-r In «h- Av-, ana N«« on pafiing -he MiH«i«. Gop, iv>n's n.jim- ilioiild liavc sppcareo » mon *j "; e _)rfr. Mr. SruKf.Es' .I.mc w..» oroiiud m the lift 0 L" en _|,,i B»i"n i.. Ebr H.n,fe <*\><» u* qucO.on «»«•*« , ... , , tt i>ear<rd.~Sce tltcW<"*•" i AYES NOES,
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