557 APRIL, 1792.] Proceedings. This being the first instance in which a court of justice had declared a law of Congress to be unconstitutional, the novelty of the case produced a variety of opinions with respect to the measures to be taken on the occasion. At length a committee of five was appointed to inquire into the facts contained in the memorial, and to report thereon. During the course of the debate, it was mentioned that the Judges of the Circuit Court, in the State of New York, had consented to examine invalids pursuant to the law in question, but on this principle: Congress, they thought, have a right in appointing commissioners for any special purpose, to designate the persons, as well by any official titles with which they are vested, as by their proper names; wherefore, although they would not, in their judicial capacity, undertake the examination of invalids; yet, as commissioners, they devoted each day an hour to the business, after the adjournment of the Court. Mr. MURRAY urged the necessity of passing a law to point out some regular mode in which the Judges of the Courts of the United States shall give official notice of their refusal to act under any law of Congress, on the ground of unconstitutionality. No regular motion, however, was made on the subject, which lies over for future consideration. MONDAY, April 16. Mr. CLARK, from the committee to whom was referred the petition of the inhabitants of the town of Newark, praying compensation for an Academy which was destroyed by the enemy during the late war, made a report; which was read, and ordered to lie on the table. A Message was received from the President of the United States enclosing a copy of a Letter from the Judges of the Circuit Court of the United States, held for the New York district; and of their opinion and agreement respecting the "Act to provide for the settlement of the claims of widows and orphans, barred by the limitations heretofore established, and to regulate the claims to invalid pensions." [H. OF R. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanying his reports on the several petitions of Simon Nathan, Mary Wooster, Daniel Ellis, and Samuel How, executors of John How, deceased, Ezra Stiles, on behalf of the President and Fellows of Yale College, in Connecticut, and of Philip Verplank; which were read, and ordered to lie on the table. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanying his report of the amount and value of exports from each State for one year, pursuant to an order of the second instant; which was read, and ordered to lie on the table. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, stating such farther appropriations of money as will be necessary for the services of the present year; which was read, and ordered to be referred to Mr. FITZSIMONS, Mr. BENSON, and Mr. KEY, with instruction to report thereon by way of bill or bills. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompanying his report on the several petitions of Lewis Van Woort, Jacob Green, and others, surviving partners of Nathaniel Green and Company, Benjamin Van Fossan, administrator of Peter Van Fossan, deceased, Thomas Hart, John Holbrook, Ludwig Kuhn, Levy Bartleson, Abiel Smith, William Harris, Webb & White, John Crumpton, and Griffith Jones, respectively praying compensation for supplies furnished during the late war; also, on the several petitions of Abraham Darlington, John Wilson, John Franklin, Mary M'Cullen, Christian Harner, William Lane, Peter Miller, John Jones, Adolphus Brower, John Harly, Henry Walton, and Richard Green, respectively praying compensation for damages done, and property the late war; also, on the several petitions of taken, by the army of the United States during Christian Knipe, John Smyth, Nathaniel Tracy, and Roger M'Lean, respectively praying compensation for transportation during the late war; which report was read, and ordered to lie on the table. The SPEAKER laid before the House a Letter The House resolved itself into a Committee of from the Secretary of the Treasury, accompanying the Whole House on the bill sent from the Senate, his report on sundry papers referred to him, conentitled "An act for regulating processes in the cerning a marine hospital at the town of WashCourts of the United States, and providing compensations for the officers of the said Courts, and ington, in the State of Virginia, and on the mefor jurors and witnesses," together with the amend-morial of the Marine Society of Boston, on the ments thereto; and, after some time spent therein, the Chairman reported that the Committee had A message from the Senate informed the House had the same under consideration, and made some amendments thereto; which were read, and oract authorizing a grant and conveyance of certain dered to lie on the table. The several orders of that the Senate have passed the bill, entitled "An the day were further postponed until to-morrowlands to the Ohio Company of Associates," with TUESDAY, April 17. Mr. WHITE, from the committee appointed, presented a bill to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions; which was received, read twice, and committed. subject of marine hospitals; which was read, and ordered to be referred to Mr. AMES, Mr. STERRETT, and Mr. PARKER. an amendment; to which they desire the concurrence of this House. The House resolved itself into a Committee of the Whole House on the bill for raising a farther sum of money for the protection of the Frontiers; and, after some time spent therein, reported progress, and obtained leave to sit again. H. OF R.] WEDNESDAY, April 18. Protection of the Frontier. Mr. BOUDINOT, from the committee to whom was referred the petition of William Haburn, respecting the refusal of the Judges of the Circuit Court for the district of Pennsylvania, to execute an act passed at the present session, entitled "An act to provide for the settlement of the claims of widows and orphans, barred by the limitations heretofore established, and to regulate the claims to invalid pensions," made a report; which was read, and ordered to lie on the table. Mr. BOUDINOT, from the committee appointed, presented a bill for settling the demands of Anthony Walton White against the United States; which was received, and read the first time. A petition of Charles Colvill and John Robertson was presented to the House and read, praying to be paid the amount of their ransom from slavery among the Algerines, together with their expenses in traveling from Algiers to Scotland, and from thence to America; as also, that measures may be taken for procuring the ransom or relief from slavery of Captains O'Brien and Stephens, with their respective crews, being citizens of the United States, and now in slavery at Algiers. Referred to Mr. LAURANCE, Mr. MADISON, and Mr. LIVERMORE; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. [APRIL, 1792. ing his report on the petition of the merchants of Philadelphia, relative to the erection of piers for the convenience of the navigation of the river Delaware; which was read, and ordered to be referred to Mr. FITZSIMONS, Mr. VINING, and Mr. KEY, with instructions to prepare and bring in a bill pursuant thereto. PROTECTION OF THE FRONTIERS. The House proceeded to consider the amendments reported by the Committee of the Whole House yesterday to the "bill for raising a further sum of money for the protection of the Frontiers;" and the same being read were further amended, and agreed to. A motion being made to enhance the duty on imported hemp and cordage, and to strike out imported cotton from articles exempted from duty— Mr. BOURNE said, he hoped this increase would not be agreed to; the navigation of the United States would suffer by it, as the supply furnished by the cultivation of that article was not competent to the demand. Mr. WHITE said, that on the principle of uniformity, he thought this duty ought to be raised; but when it is considered that many of the duties are designed to encourage the manufactures of the United States, he thought that equal attention should be paid to the agricultural interest, an interest as important as any other, at least. A message from the Senate informed the House that the VICE PRESIDENT having requested and ob- Mr. WILLIAMSON supported the amendment. tained leave of absence from the Senate for the He said the independence of the United States, in remainder of the session, RICHARD HENRY LEE respect to its navigation, was so important an obwas duly elected President of the Senate pro tem-ject, that he conceived everything ought to be done pore; also, that the Senate have passed a bill entitled "An act making alterations in the Treasury and War Departments;" to which they desire the concurrence of this House. to effect it. Among others, proper encouragement should be given to the raising of hemp, especially when it is considered that we have a greater proportion of land than any other country; that experiments have proved that it can be raised to advantage; that it will, if duly encouraged, conduce to rooting out the cultivation of tobacco, which impoverishes the soil, and is a mere article of luxury. He was at a loss to account for the omission of this duty in the first instance. Mr. PARKER Supported the amendment. He enlarged on the good policy of affording this encouragement. He said, if the gentleman who moves to disagree to the amendment, had proposed to reduce the duty on canvas, he thought it would be more consistent; and, in this case, he should be willing to relinquish this enhanced duty A message from the Senate informed the House that the Senate have resolved that the bill sent from this House entitled "An act to extend the time heretofore granted for the payment of the duties on certain teas, imported after the third day of March, 1791," do not pass to a third read-on hemp. ing. THURSDAY, April 19. A bill for settling the demands of Anthony Walton White against the United States was read the second time, and committed. Mr. GOODHUE, from the committee appointed, presented a bill relative to the compensations to certain officers employed in the collection of the duties of impost and tonnage; which was received, read twice, and committed. The SPEAKER laid before the House a Letter from the Secretary of the Treasury, accompany. Mr. GOODHUE said he should agree to the enhanced duty. Mr. LAURANCE opposed it, principally on account of its being a tax on a raw material, and a very essential one, too, to the navigation and commerce of the United States. Mr. MADISON offered some remarks in favor of the enhanced duty. The amendment was agreed to. Foreign cotton being inserted among the articles to be exempted from duty- ̧ Mr. MACON moved that it should be struck out. He thought it best that the duty should be continued. Great quantities, he said, were raised in APRIL, 1792.] Protection of the Frontier. [H. of R. the Southern States, for which they could not finding the unfitness of our cotton for manufacture; a market. but he averred that whatever gave rise to them, Mr. AMES opposed the motion. He said there they were ill-founded, as he had often seen and were manufactures carried on in the United States worn in the late war, cotton cloth and stockings, which required foreign cotton. Some things could as good and fine as ever had been imported. As not be manufactured without cotton of a particu- to encouraging the manufactures, however, said lar staple. He further remarked, that the encou-he, I have ever thought it foreign to the business of ragement to the raising of cotton depends on the Congress, and if not so, a mere taking from one manufactures formed from it; hence he inferred hand and giving to another; a delicate affair, that this very encouragement is suspended on a which might be misunderstood and misapplied; due attention to the manufactures. however, as it is thrown in before us, I take my share for my constituents. Mr. STEELE stated sundry particulars, to show that the cotton raised in the Southern States was adapted to every species of manufactures; and depending on encouragement from Government, the farmers of North Carolina had gone largely into the cultivation of that article. It is well known, said he, that the situation of the three Southern States is favorable to the raising of hemp and cotton; and, on the principles of reciprocity, he thought it but just and equal to extend encouragement to the agricultural interest of those States. Mr. BALDWIN observed, that he could have wished the gentleman had mentioned the particular species of cotton, which was so necessary in the manufactures, that could not be procured from the Southern States. He said that there were two sorts of cotton raised there-one of a short, the other of a long staple; and under due encouragement, they would in a few years raise every description of that article. Mr. FITZSIMONS, Mr. MURRAY, and Mr. KITTERA, supported the motion for striking out the article. Mr. PAGE, in favor of the duty, observed, that the gentleman [Mr. AMES] who had expressed his fears that American cotton would not suit the manufacturers, might lay aside his fears, for he knew from experience the contrary. That even if what had been said of the cotton of the United States were true, he knew that there was reason to believe that the cotton of the West and East Indies would grow even in Virginia-that both had been lately introduced into that State. Such fears, he said, might upon examination perhaps be traced to the same origin with some formerly introduced into Virginia; that the sheep of America were only useful as food, their wool being unfit for the woollen manufacture. He added, he well remembered it was with difficulty some people were convinced that the salt water of America would yield salt. He said, for his part, he should as easily be persuaded that the fish of the United States were unfit for food, and as incapable of being cured so as to be merchantable, as that the cotton of America was unfit for the cotton manufactories; he therefore, advised the worthy member to be upon his guard against such insinuations. As to himself, Mr. P. declared, he had no idea that any member of either House could wish to injure the interests of any of the States; but, he said, he was authorized to suppose that as the manufacturers in general were foreigners, they had their prepossessions and prejudices, which might give rise to the opinions entertained by some gentlemen respect As to the fears of the member from Pennsylvania, [Mr. KITTERA] that the culture of cotton may injure the farmer, Mr. P. said, he could assure him that he had found cotton a good preparative for wheat, and that lands where he lived, which had been worn out with tobacco, yielded excellent cotton, and left the ground in fine order for wheat, and that cotton, if properly encouraged, would be a good substitute for tobacco. A motion was then made, and the question put, to amend the said bill by adding to the end thereof the following clause: "And be it further enacted, That this act shall continue until the day of, and until the next session of Congress which shall happen thereafter, and no longer; and that, from and after the expiration of the same, the duties hereby extinguished and repealed. shall be revived, collected, and appropriated, in the same manner they would have been had this act never been passed:" The yeas and nays being demanded by onefifth of the members present, were taken, and stood-yeas 32, nays 31, Whereupon, the SPEAKER declared himself with the nays. And so the said question was lost. Those who voted in the affirmative are as fol lows: Brown, William Findley, William B. Giles, Andrew YEAS.-John Baptist Ashe, Abraham Baldwin, John Gregg, Samuel Griffin, William Barry Grove, Daniel Heister, Israel Jacobs, Richard Bland Lee, Nathaniel Macon, James Madison, John Francis Mercer, Andrew Moore, Nathaniel Niles, John Page, Josiah Parker, Cornelius C. Schoonmaker, Joshua Seney, Upton Sheridine, Jeremiah Smith, Israel Smith, John Steele, Jonathan Sturges, Thomas Sumpter, Thomas Tredwell, Thomas Tudor Tucker, Abraham Venable, Alexander White, Hugh Williamson, and Francis Willis. Those who voted in the negative areNAYS.-Jonathan Trumbull, Speaker, 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, Thomas Hartley, James Hillhouse, Daniel Huger, Philip Key, Aaron Kitchell, John W. Kittera, John Laurance, Amasa Learned, Samuel Livermore, Frederick Augustus Muhlenberg, William Vans Murray, William Smith, Samuel Sterrett, Peter Sylvester, George Thatcher, John Vining, Jeremiah Wadsworth, and Artemas Ward. on the memorial of Eliphalet Ladd; which was read, and ordered to be referred to Mr. FITZSIMONS, Mr. GERRY, and Mr. MURRAY, with instruction to prepare and bring in a bill or bills making a general provision for the case of the petitioner and others in similar circumstances. [APRIL, 1792. longer to be overlooked. Whilst Congress sat at New York, great uneasiness had been occasioned in the House by the mode in which the debates were published. Sometimes members were introduced as uttering arguments directly the reverse of what they had advanced. At other times, A petition of divers citizens and inhabitants of the substance of the arguments, as published, wore the State of North Carolina was presented to the an aspect widely different from what they had House and read, praying that Congress will au- when offered in debate. In some instances, their thorize the Assembly of the said State to lay a arguments were so garbled that they themselves duty by way of tonnage or toll on vessels coming were unable to recognise them in print; in others, over the Bar and Swash and Croatan Shoals, for they were disfigured with grammatical errors, and the express purpose of deepening the same, and rendered totally unintelligible; and, on many octhereby removing the obstruction to the naviga-casions, the arguments on one side of the question tion leading to the towns of Edenton, Washing-only were published. ton, and Newbern. Ordered, That the said petition be referred to Mr. WILLIAMSON, Mr. WHITE, and Mr. TUCKER; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House. PUBLICATION OF THE DEBATES. Such were the effects produced by this mode of publication that a gentleman from South Carolina [Mr. BURKE] brought forward a motion for correcting those evils, which was debated for some time. After the subject had been two or three times under discussion, the House was informed that there was a probability of care being taken in future to correct the errors; and thus the matter was passed over. Before the House proceeded to the order of the dayMr. GERRY said, that the circumstance of a pub- he had learned from a gentleman who had deMr. G. then mentioned a circumstance which lication which had made its appearance that morn-clared he could prove it on oath before the House, ing induced him to rise for the purpose of bring- if called upon, viz: that, having asked one of those ing forward a proposition respecting a full and impartial publication of the debates of that House. persons who at that time published the debates, "how he could think of publishing them so inacEvery gentleman, he believed, would agree with him that, from a publication of this kind, the citi-curately?" the answer was, "that he was under zens of the United States would derive such in- a necessity of obliging his employers." Hence, he formation respecting the proceedings of the Legis-faction who influenced that short-hand writer. concluded that there must have been a corrupt lature, and the principles on which the laws are grounded, as must be productive of the most salutary effects, and attach the people more strongly to the General Government; but that ex parte publications can have no other tendency than to misrepresent their proceedings, and alienate the affections of the citizens. He therefore moved the following resolution: "Whereas an impartial publication of the Debates of Congress, stating accurately their Legislative measures, and the reasons urged for and against them, is a desirable object, inasmuch as it may aid the Executive in administering the Government, the Judiciary in expounding the laws, the Governments and citizens of the several States in forming a judgment of the conduct of their respective Representatives, and Congress themselves in revising and amending their Legislative proceedings: And whereas, from the want of proper arrangements, such publication has not been accomplished bates were published pretty accurately; and so When Congress first came to this city, the dethey were this session, in some of the papers, but in others, the case was otherwise; and he himself, as well as other gentlemen, had been under a necessity of publicly contradicting them in print. In some of the debates, the answer to an argument was published before the argument itself made its appearance; on other occasions, they were published very fully on one side of the question, whilst nothing appeared on the other. Every gentleman, he believed, would admit that this was a true state of the business; and it was well known that, on many important occasions, no debates had been published at all. he supposed, owing, in some measure, to the want The want of regularity in the publication was, of proper encouragement, as the printers of newspapers would not probably find their account in allowing a sufficient compensation to induce shorthand writers to devote their whole time to the business. Mr. G. then read from the American Daily Advertiser (of Friday last) the following passage: "Resolved, That persons, of good reputation, and skilled in the art of stenography, be, at the next session, appointed by ballot, to take and publish, impartially and accurately, the Legislative subjects which may be submitted to the consideration of the House, and the debates thereon of the members respectively; that the "A warm debate hereupon took place, during the persons so to be appointed be considered as officers of course of which, one gentleman, who strenuously supthe House, and provided for accordingly; that they be severally qualified by oath to a faithful discharge of the ported the motion, was several times interrupted. Apprehensions were expressed of dangerous consequences, and that such regulations shall be prescribed, as may be necessary to protect them in attaining the salu-norable member, who opposed the motion, [Mr. GERRY,] in case his speech should appear in print; and an hotary objects of their appointment." declared that the manner in which the debates of Congress had been published, and the business conducted, trust; This (Mr. G. said) was a subject which ought no during the present session, had a direct tendency to bring about a dissolution of the Union. "As the honorable gentleman did not further explain himself, we are at a loss to determine whether he meant to tax the publishers of the debates with inaccuracy in stating them wrong, —or imprudence, in stating them right, and freely publishing whatever sentiments any member of that House may think proper to express, in the constitutional exercise of the freedom of debate. But, certain we are, that he could not mean to stigmatize them as actuated by partiality, undue influence, or sinister motives of any kind." Here (said Mr. G.) an idea was held up that the gentleman who had spoken first [Mr. MERCER] was interrupted. But it is not said that I was interrupted, too. I was interrupted as often as he. The House can determine whether I have ever taken any measures to prevent a free and candid publication of the debates. On the contrary, I have always endeavored to obtain it; and I will still proceed to accomplish it as far as possible. I think neither this House, nor any of its members, ought to be subject to publications of this kind. If they are, they will be obliged either to enter into paper wars with printers, or to relinquish the public good. It is incumbent on the House to take measures to prevent misrepresentation. I therefore submit to the House the resolution which I have read; and I hope that, if the proposition itself appears worthy of their attention, they will take it into consideration; or, if it wants any amendment, they will refer it to a committee; for I think the subject ought not to be any longer neglected. [H. of R. An additional reason for the reference was, that some alteration in the wording appeared necessary, to [Mr. SMITH,] so far as respects the Judiciary, &c. Mr. BOUDINOT objected to the commitment, as he thought it a subject of considerable consequence, and there would not be time to take it up during the present session, the House having already outsat the time which the other branch of the Legislature had proposed for the adjournment. This was his only objection; otherwise, he was far from being opposed to the measure. Mr. GILES thought the consequence of letting the matter lie over till next session would be, that it would die away, and nothing would be done. Unless some steps be taken during the present session, no persons would come forward as candidates at the commencement of the next. But if a committee report on the subject, the House may determine what steps are to be taken, and people will be prepared accordingly. The question being taken on the commitment, it passed in the affirmative-yeas 27, nays 22. Ordered, That the said motion be committed to Mr. GERRY, Mr. MERCER, Mr. LEE, Mr. SMITH of South Carolina, and Mr. KITTERA. PROTECTION OF THE FRONTIERS. The House resumed the consideration of the bill which lay on the table "for raising a further sum of money for the protection of the Frontiers;" Mr. PAGE rose to renew the motion which he made yesterday, that the bill before the House might be recommitted. I observed then, said Mr. P., that having been reminded of my duty by gentlemen who said that they had not brought any other plan of ways and means before the House, if they objected to that proposed by the Secretary, had not done their duty, I arose then to show how far I had done my duty, and how far I was willing to perform it. I informed the House that as I did not approve of the Secretary's third plan (that which the House had adopted) I had proposed to the leading members (an expression which gave offence to some gentlemen, but which I explained as meaning no more than members who take the lead in business, and to whom I confessed myself obliged for their services, and whom, when they lead rightly, I was willing to follow) an adoption of the Secretary's second plan, but not meeting with their approbation, I then joined my friends in endeavors to amend the bill; failing in this, and called on to do my duty, I rise to move that the bill be recommitted. Had gentlemen, sir, done what they promised they would do, if the House would apply to the Secretary of the Trea Mr. MERCER.-I second the motion; and I think the publication which the honorable gentleman has read to the House contains but a fair statement of facts. The gentleman, in the course of the former debate, made some very strange allusions to what was said by me, which were wholly unauthorized. I consider it as a primary object in this Government that we should on this floor be at all times free to express our sentiments of the Government, without involving the Government itself. I consider such a measure as is now contemplated to be well worthy the serious attention of the House. We are at a distance from our constituents; and it is a misfortune that we are withdrawn from their inspection, by being placed in a part of the Union where it is not easy to compare our circumstances and conduct in private life with the motives which may be supposed to influence our political conduct. Our constituents ought to be acquainted with our proceedings here; and it is only from a full and accurate publication of the debates of this House that they can obtain any satisfactory information on the sub-sury for a plan of ways and means, I should have ject. Mr. GERRY said, that the paragraph he had read did not contain a full statement of facts, as the apprehensions he had expressed were only in case the arguments should go "unanswered." Mr. GILES made, and Mr. W. SMITH seconded, a motion for referring the resolution to a select committee, to report such regulation as they may think necessary for the publication of the debates. | no occasion to make this motion. They promised that they would freely and boldly examine his report, and listen attentively to every proposition which could be opposed to it; but have they done this? No; they embraced without hesitation the third plan proposed by the Secretary, as if it were because he said it was the best of the three, without offering either of the other two plans to the House, although the second had been proposed by |
