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respecting a claim of the State of Maryland: Whereupon,

Resolved, That the claim of the said State be allowed for the sum of two hundred and forty-two pounds eight shillings and three pence, current money of the said State, paid to Nicholas Ruxton Moore, for the amount of a judgment rendered against him in the General Court of the said State, on account of horses purchased for the use of the United States during the late war; and that the Commissioners for settling the accounts between the United States and individual States, be authorized and directed to adjust and settle the said claim, with the agent of the State aforesaid, on the same principles as other claims of the several States are adjusted and settled; any limitation in the acts of Congress to the contrary notwithstandiug.

Ordered, That a bill or bills be brought in pursuant to the said resolution, and that Mr. SENEY, Mr. GERRY, and Mr. SUMPTER, do prepare and bring in the same.

APPORTIONMENT BILL.

The House resolved itself into a Committee of the Whole House on the bill for an Apportionment of Representatives among the several States, according to the first Enumeration; at the ratio of one for every thousand persons, in the respective States.

Mr. GILES observed, that, although this subject has been heretofore thoroughly discussed, and the minds of gentlemen probably fatigued with the discussion, yet he could not help trespassing upon the patience of the Committee, by mentioning some of the principal reasons which would influence his vote against the motion, and in favor of that ratio which will afford the greatest number of Representatives authorized by the Constitution. He was induced to do this from an opinion that, in the usual course of things, arguments will have an effect upon the public mind in some measure proportioned to their own solidity, and the purity of the motives which actuate them. That the compound of these qualities form a common standard, by which all arguments would and ought to be measured by the great majority of the people; and he had no objections to submitting his reasons to the application of this common standard; he meant, however, to confine himself to general remarks, and not to fatigue the Committee unnecessarily with minute exemplification of them.

He proceeded by observing, that the expression in the Constitution induced and justified the general expectation among the people of the United States, that one Representative for every thirty thousand persons was secured to them by the Constitution; that a definitive certainty in the number of Representatives, as well as the manner of procuring them, is, in its nature, of Constitutional and not of Legislative provision, and affords a reason against varying the ratio mentioned in the Constitution, although that ratio be expressed in terms of latitude; that Congress had confirmed the general expectation in the public mind by the proposed amendments to the Constitution, and had at least given a solemn opinion in favor of the ratio of one to thirty thousand, until the number

[APRIL, 1792.

of Representatives should amount to one hundred,
after acquiring which number by that rule only,
a qualified dis.retion is admitted; that the opi-
nions of the great bulk of the people of America
were in favor of an increased representation, at
least as far as the utmost limits prescribed by the
Constitution; that tais circumstance was evi-
denced by the Conventions which adopted the
Constitution; that it was further evidenced by
the several Legislatures which adopted the pro-
posed amendments before alluded to; that it was
still further evidenced by the nu ber of Repre-
sentatives in the respective State Legislatures;
that this last circumstance is rendered eculiarly
forcible by a comparative view of the objects of
legislation chartered to the Government o. the
United States, and those retained to the State
Governments. The objects of legislation caa-
tered to the Government of the United States,
are wholly national and important; the objects
of legislation retained to the State Governments
are comparatively local and subaltern: those pe-
culiarly prompt temptation and invite corrup
tion-these offer no inducements to either. În
the Government of the United States, the consti-
tuents of the Representative body are complex
and diversified; in the State Governments they
are comparatively simple and assimilated. That
a sympathy with the feelings of the people should
characterize this branch of the Government; wis-
dom is the expected characteristic of the Senate;
and despatch of the Executive.

To the inequality of representation relatively to States suggested to result from the application of this rule, Mr. G. replied that the inequality complained of is rather ideal than real; that to determine how far this consideration really ought to exist among States, it is right and proper to ascertain the whole comparative Government: and the issue of this inquiry will be, that those States in whose favor the rule is said to operate, possess the least governmental influence in the Senate, proportioned to numbers; and that the casual gain here is no equivalent for the certain loss there. As far, therefore, as the governmental influence of States in relation to numbers is to operate, it will furnish a motive of preferment for the rule he contended for.

It has been said (continued Mr. G.) that the representation of the States in the Senate is strictly defined by the Constitution, and that therefore the consideration of the relative influence of the States, then, should not be resorted to as an argument in the apportionment of Representatives to this House. But, it should be observed, that the rule contended for, though not so strictly defined, is equally within the pale of the Constitution; and the most extended use to be made of this consideration is, to manifest the impropriety of resorting to the pretended inequality among States, as a conclusive argument to vary that ratio of representation for this House which is admitted to be the most proper, upon its intrinsic merits, and when viewed without a reference to that consideration. This particular subject suggests a peculiar equity and propriety, in taking into consideration the com

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HISTORY OF CONGRESS.

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parative governmental influence of the States in the Senate, proportioned to numbers; because, it is in consequence of a representation by States, there, that they gain this unequal influence: and nothing more is contended for by this rule than a representation of the people through the medium of the several States, here. The rule of representation is not the cause of the present inequality, as far as it may appear to exist; it is a mere contingent circumstance, depending upon arbitrary facts and numbers, which cannot be rendered subservient to any general rule. It should also be remarked, that most of the States supposed to be favored by the operation of this rule, have, heretofore, been unequally represented in the extreme; and from the extent and rapid population of these States, it may be concluded, with certainty, that previously to the expiration of the present apportionment, the real inequality of representation in this House, as well as in the Senate, will continue to bear particularly hard upon them. Perfect equality is unattainable; and the proposed ratio is, in the principle, equally subject with any other to all the inconveniences which it is intended to remedy.

The peculiar circumstances of the United States, The inconveniences of the rule he contended however, since the late Revolution, and in the infor, in their utmost extent, can never be very great, fancy of the American Governments, favored exbecause the same rule is applied in the same man- tremely this natural principle of the growing inener to the respective States; and the most ex-quality in the distribution of wealth amongst intended scope for its unequal operation must be confined to the casual result of the fractional num-country furnished full scope for agriculture, the bers within the several States. In reflecting upon plenty and cheapness of provisions and rude mathis argument of inequality of representation in terials for manufactures, and an unshackled comrelation to States, an idea had presented itself to merce for the merchant; and to these were added his mind which seemed to him both novel and the blessings of peace, and laws securing to the important; and that is, that a quality exists in the individual the exclusive possession of the fruits of Government, from its peculiar organization, which his own industry, however abundant. There A public debt-the price of the Revoenables a minority of constituents, through the were intrinsic circumstances; there was a continmedium of a majority of Representatives, to give gent one. law to a majority of constituents, absolutely against lution itself and its consequent blessings-had been the will of their minority of Representatives. This incurred, and, from the imbecility of the then exquality of the Government arises from the State isting Confederacy, and other causes, was deprerepresentations in the Senate; and it exists not ciated considerably below its nominal value; but merely in speculation or idea-it has been sensibly it was then in small masses, and not very unequalThe whole United States. The Government of the felt in practice, and there is a real tendency in ly spread amongst the individuals throughout the the Government to make it still more so. very bill now under consideration will probably United States, instead of managing this continfurnish one strong evidence of its efficacy in prac-gent circumstance with caution, and declaring so tice; it would have passed very differently from the present proposition, if it had not met with this unnatural check; and I am concerned, said he, to remark, that almost in every important measure of the Government, the minority of the people of the Union had given law to the majority of the people, against their consent, as far as this can be evidenced through the medium of their Representatives. This, it is to be feared, is a radical evil in the Government, and its magnitude would be in a great measure proportioned to the extension of the objects of legislation by this Governif the people be the only legal source of governmental authority, and this right of individuals be equal, this is certainly a heterodox principle in the Government. He would not pretend to say, however, that this was a cancer upon the body politic too inveterate and vital to admit of a

in its ministration, seized upon it with its fiscal arrangements, and applied it as the most powerful machine to stimulate this growing inequality in the distribution of wealth-a principle perhaps too much favored by other existing causes. The Government, not satisfied with the debts contracted by the former Confederacy, assumed the payment of a great proportion of the debts contracted by the respective State Governments, and established funds for paying the interest of the whole. This measure produced two effects, not very desirable amongst individuals. It gathered these scattered debts, at a very inferior price, from the hands of the many, and placed them into the hands of the few; and it stimulates the value of them. Thus collected into greater masses, beyond all calculation, by the artificial application of fiscal mechanism, it produced a variety of serious effects with

H. OF R.]

Apportionment Bill.

[APRIL, 1792.

mark, that, acting under impressions produced by these considerations, and strengthened by others not less pertinent and important, suggested by a number of gentlemen, in the course of the discussion of this subject, and believing that a full representation of the people will furnish the only chance of remedy for the existing, and a competent protection against future evils, he should feel himself criminal if by his vote he should give up a single Representative authorized by the Constitution. The same impressions would have induced him to have voted for the proposition which gave one hundred and twenty members, had it not been for a conscientious and paramount regard for the preservation of the Constitution. The dif

respect to the Government. In opposition to the agricultural or republican, it enlisted a great moneyed interest in the United States, who, having embarked their fortunes with the Government, would go all lengths with its Administration, whether right or wrong, virtuous or vicious, by rendering the debt but partially redeemable, passing perpetual tax laws, and mortgaging their products to the payment of the interest of this perpetually-existing debt. It gave the Executive a qualified control over the best moneyed resources of the United States, not contemplated by the Constitution, nor founded in wisdom. It gave rise to an unauthorized incorporation of the moneyed interest, and placed it as far as possible from the reach of future Legislative influence. It estab-ference of the position of the members throughout lished the doctrine that one systematic financier the United States, which would have been aswas better able to originate money bills and tax sumed by the difference in the manner of making the people of the United States, than the whole the apportionment, never amounted to the minicollected wisdom of their Representatives, with mum of a consideration with him against the prothe aid of a reciprocity of feeling. It gave rise to position; for he felt a conviction that the agriculthe idea of a Sinking Fund, without limitation as tural or equalizing interest was nearly the same to amount, to be placed in the hands of a few throughout all parts of the United States; and he trustees, and there to be protected from Legisla- hoped that the increased representation would furtive control by all the sanctions and securities an-nish strong testimonies of the truth of the position. nexed to private property. In short, it established He would remark, generally, the Government of the doctrine that all authority could be more safe- America was now in a state of puberty, that is, ly intrusted to, and better executed by a few, than at this time. She is to assume a fixed character, by many; and, in pursuance of this idea, made more and he thought it in some degree rested upon the continual drafts of authority from the Repre- vote now to be given, whether she would preserve sentative branch of the Government, and placed the simplicity, chastity, and purity of her native it in the hands of the Executive; lessening, by representation and Republicanism, in which alone this mechanism of administration, the constitu- the true dignity and greatness of her character tional influence of the people in the Government, must consist; or whether she will, so early in and fundamentally changing its native genius and youth, prostitute herself to the venal and borroworiginal principle. He (Mr. G.) knew of no compe- ed artifices and corruptions of a stale and pamtent remedy against the abominable evils to be ap- pered Monarchy? Whatever his own opinions prehended from the future operation of these un- or suspicions may be respecting the tendency of hallowed principles, but a permanent establish- the present Administration, and whatever may be ment of the candid or Republican interest in this the discussion of to-day, he should still preserve a House; and the best chance of effecting this great hope that the increased representation, supported object he conceived to be a full representation of by the enlightened spirit of the people at large, the people. His alarms respecting these fashion- will form an effectual resistance to the pressure able, energetic principles were greatly increased of the whole vices of the Administration, and may by a perspective view of some of the proposed yet establish the Government upon a broad, permeasures of Government. He saw systems intro-manent, and Republican basis. duced to carve out of the common rights of one When Mr. GILES had concluded, the Commitpart of the community privileges, monopolies, exclusive rights, &c., for the benefit of another, with no other view, in his opinion, but to create nurseries of immediate dependants upon the Government, whose interest will always stimulate them to support its measures, however iniquitous and tyrannical, and, indeed, the very emoluments which will compose the price of their attachment to the Government will grow out of a tyrannical violation of the rights of others. He would forbear to mention a variety of other circumstances, to prove that principle having a tendency to change the very nature of the Government, have pervaded even the minutest ramifications of its fiscal arrangements, nor would he dwell upon the undue influence to be apprehended from moneyed fo- NAYS.-John Baptist Ashe, Abraham Baldwin, John reigners, who had become adventurers in the funds, Brown, William Findley, William B. Giles, Samuel nor the various avenues opened to facilitate the Griffin, William Barry Grove, Philip Key, John Lauoperation of corruption. He would merely re-rance, Richard Bland Lee, Nathaniel Macon, James

tee rose, and reported an amendment, viz: to fill up the blank with the word " thirty-three ;" which was carried in the affirmative-yeas 34, nays 30, as follows:

YEAS.-Fisher Ames, Robert Barnwell, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Jonathan Dayton, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman, Benjamin Goodhue, James Gordon, Andrew Gregg, Thomas Hartley, Daniel Heister, James Hillhouse, Daniel HuAmasa Learned, Samuel Livermore, Nathaniel Niles, ger, Israel Jacobs, Aaron Kitchell, John W. Kittera, Theodore Sedgwick, Jeremiah Smith, Israel Smith, William Smith, Jonathan Sturges, Peter Sylvester, George Thatcher, John Vining, Jeremiah Wadsworth, and Artemas Ward,

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Madison, John Francis Mercer, Andrew Moore, Frederick Augustus Muhlenberg, William Vans Murray, John Page, Josiah Parker, Cornelius C. Schoonmaker, Joshua Seney, Upton Sheridine, John Steele, Samuel Sterrett, Thomas Sumpter, Thomas Tredwell, Thomas Tudor Tucker, Abraham Venable, Alexander White, Hugh Williamson, and Francis Willis.

Ordered, That the said bill, together with the amendments, be engrossed and read the third time

to-morrow.

A message from the Senate informed the House that the Senate agree to the amendment proposed by this House to the bill sent from the Senate, entitled "An act supplementary to the act for the establishment and support of light-houses, beacons, buoys, and public piers."

The House proceeded to consider the bill sent from the Senate, entitled "An act for altering the times of holding the Circuit Courts in certain Districts of the United States, and for other purposes." Whereupon the said bill was amended at the Clerk's table, and was then read the third time and passed.

Ordered, That the Clerk of this House do acquaint the Senate therewith.

The SPEAKER laid before the House a Letter from the Secretary of War, accompanying sundry papers and documents, relative to the late campaign, under General St. Clair, transmitted pursuant to the directions of the President of the United States.

Ordered, That the said Letter and papers be referred to the committee appointed to inquire into the causes of the failure of the late expedition under Major General St. Clair.

The House resolved itself into a Committee of the Whole House on the bill to extend the time heretofore granted for the payment of the duties on certain teas imported after the third day of March, one thousand seven hundred and ninetyone; and, no amendment being made thereto, Ordered, That the said bill be engrossed, and

read the third time to-morrow.

[H. or R.

granted for the payment of the duties on certain teas, imported after the third day of March, one thousand seven hundred and ninety-one, was read the third time and passed.

An engrossed bill for apportioning Representatives among the several States, according to the first Enumeration, at the ratio of one for every thirty-three thousand persons in the respective States, was read the third time and passed.

Mr. FINDLEY, from the committee to whom was referred the petition of Henry Hill, on behalf of himself and others, made a report; which was read, and ordered to be referred to the Committee of the Whole House on the bill to indemnify the estate of the late Major General Nathaniel Greene for a certain bond entered into by him for the public service, during the late war.

Mr. MUHLENBERG, from the committee to whom was referred the petition of Moses Young, made a report; which was read, and ordered to lie on the table.

Mr. SENEY, from the committee appointed, presented a bill to direct the settlement of a certain claim of the State of Maryland; which was received, and read twice and committed.

The House resolved itself into a Committee of the Whole House on the bill to indemnify the estate of the late Major General Nathaniel Greene for a certain bond entered into by him for the public service, during the late war; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made several amendments thereto; which were severally twice read, and agreed to by the House.

And then the question being put, that the said bill, together with the amendments be engrossed, and read the third time to-morrow, it was resolved in the affirmative-yeas 37, nays 23, as follows:

YEAS.-Fisher Ames, Abraham Baldwin, Robert

Barnwell, Egbert Benson, Shearjashub Bourne, Benjamin Bourne, William Findley, Thomas Fitzsimons, Elbridge Gerry, William B. Giles, James Gordon, Andrew The House resolved itself into a Committee of Gregg, Samuel Griffin, Thomas Hartley, Daniel Heister, the Whole on the bill sent from the Senate, enti- Daniel Huger, Philip Key, John W. Kittera, John Lautled "An act concerning Consuls and Vice Con-rance, Amasa Learned, Richard Bland Lee, Samuel Lisuls ;" and, after some time spent therein, the Chair-vermore, James Madison, John Francis Mercer, Fredeman reported that the Committee had had the said bill under consideration, and made several amendments thereto; which were severally twice read, and agreed to by the House.

Ordered, That the said bill, together with the amendments, be read the third time to-morrow.

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rick Augustus Muhlenberg, William Vans Murray, John Page, Josiah Parker, Theodore Sedgwick, Upton Sheridine, William Smith, Samuel Sterrett, George Thatcher, Abraham Venable, John Vining, Jeremiah Wadsworth, and Francis Willis.

NAYS.-John Baptist Ashe, Elias Boudinot, John Brown, Abraham Clark, Benjamin Goodhue, William Barry Grove, James Hillhouse, Israel Jacobs, Aaron Kitchell, Nathaniel Macon, Andrew Moore, Nathaniel Niles, Cornelius C. Schoonmaker, Joshua Seney, Jeremiah Smith, Israel Smith, John Steele, Jonathan SturWard, Alexander White, and Hugh Williamson. ges, Thomas Sumpter, Thomas Tredwell, Artemas

The House proceeded to consider the amendments proposed by the Senate to the bill, entitled "An act more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States;" and the same being read, several were agreed to.

H. OF R.]

Proceedings.

2

FRIDAY, April 13.

d

was ever to be united, if not commanding; and The House resolved itself into a C how far the Marshals and Judges of the Courts of the Whole House on the bill to direct the Union ought not to have a power on this sub-ment of a certain claim of the State of M ject, deserved more time than the House seemed and, after some time spent therein, the inclined at present to give this bill. He would reported progress, and obtained leave tog take the occasion to declare he had no jealousy as to abuses of power; but this Government is to be administered according to written law, applying to defined objects and situations. It was a Government of definition, and not of trust and discretion. After the objects are well described upon which the military force is to act, the evidence of the occasion settled, and the sphere and duration limited, he would heartily support the most energetic mode in which the object should be reached, and the occasion obeyed. He therefore hoped the amendment would be negatived, and leave given for a committee to bring in a separate bill. The main question being now put, that this House doth agree to the said amendment, as amended, it passed in the negative-yeas 24, nays 37, as follows: YEAS.-Fisher Ames, Robert Barnwell, Egbert Benson, Shearjashub Bourne, Benjamin Bourne, William Findley, Thomas Fitzsimons, Nicholas Gilman, Benjamin Goodhue, James Gordon, Andrew Gregg, Thomas Hartley, James Hillhouse, John W. Kittera, John Laurance, Amasa Learned, Jeremiah Smith, William Smith, Samuel Sterrett, Peter Sylvester, George Thatcher, John Vining, Jeremiah Wadsworth, and Artemas Ward. NAYS.-John Baptist Ashe, Abraham Baldwin, Elias Boudinot, John Brown, Abraham Clark, Elbridge Gerry, William B. Giles, Samuel Griffin, William Barry Grove, Daniel Heister, Daniel Huger, Philip Key, Aaron Kitchell, Richard Bland Lee, Samuel Livermore, Nathaniel Macon, James Madison, John Francis Mercer, Andrew Moore, Frederick Augustus Muhlenberg, William Vans Murray, Nathaniel Niles, John Page, Josiah Parker, Cornelius C. Schoonmaker, Joshua Seney, Upton Sheridine, Israel Smith, John Steele, Jonathan Sturges, Thomas Sumpter, Thomas Tredwell, Thomas Tudor Tucker, Abraham Venable, Alexander White, Hugh Williamson, and Francis Willis.

The House resolved itself into a Committee of the Whole House on the Report of the Secretary of the Treasury respecting the act, entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits, and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same;" and, after some time spent therein, the Chairman reported that the Committee had had the said report under consideration, and agreed to several resolutions thereupon; which were read, and ordered to lie on the table.

Resolved, That this House doth disagree to the said amendment.

The last amendment was then again read, and on the question put thereupon, was disagreed to. Ordered, That the Clerk of this House do acquaint the Senate therewith.

Ordered, That a committee be appointed to prepare and bring in a bill or bills for calling forth the militia, when necessary, to execute the laws of the Union, suppress insurrections, and repel invasions; and that Mr. WHITE, Mr. GERRY, and Mr. MURRAY, be the said committee.

Ordered, That the bill sent from the Senate, entitled "An act for regulating processes in the Courts of the United States, and providing compensations for the officers of the said Courts, and for jurors and witnesses," together with the amendments thereto, which were reported by a committee on the fourth instant, be committed to a Committee of the Whole House to-morrow.

Ordered, That Mr. FINDLEY be appointed, in the room of Mr. GERRY, on the committee to whom it was referred to inquire into the causes of the failure of the late expedition under Major General St. Clair.

A Message from the President of the United States laid before the House a communication of the eleventh instant, from the Minister Plenipotentiary of Great Britain to the Secretary of State, relative to the commerce of the two countries; together with their explanatory correspondence, and the Secretary of State's Letter to him on the subject. The communication and letters referred to in the said Message were read, and ordered to lie on the table.

A memorial was presented from William Haburn, setting forth that he had applied yesterday to the Judges of the Circuit Court in this city to be put on the pension list pursuant to a late law of Congress; and that the Court having refused to take cognizance of his case, he was obliged to apply to Congress for relief.

The sitting Judges were Messrs. Wilson, Blair, and Peters; and from an account which Mr. BouDINOT gave in his place, it appeared that the Court thought the examination of invalids a very extraordinary duty to be imposed on the Judges; and looked on the law which imposes that duty as an unconstitutional one, inasmuch as it directs the Secretary of War to state the mistakes of the Judges to Congress for their revision; they could not, therefore, accede to a regulation tending to render the Judiciary subject to the Legislative and Executive powers, which, from a regard for liber ty and the Constitution, ought to be kept carefully distinct; it being a primary principle of the utmost importance, that no decision of the Judiciary Department should, under any pretext, be brought in revision before either the Legislative or Executive Departments of the Government, neither of which have, in any instance, a revisionary authority over the judicial proceedings of the courts of justice.

Another objection on the part of the Judges was, that, whereas, there are laws now in force, prescribing a day, beyond which the Courts shall not sit; this new law declares that the Court shall sit five days for the purpose of hearing claims, whether they be offered or not; and leaves nothing to the discretion and integrity of the judges, to sit as long as they have public business to do.

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