Mr. GOODHUE, from the committee appointed, presented a bill to alter the time for the next anSection 3d-Mr. MERCER moved to add after nual meeting of Congress; which was received, the words "articles of war," in the 10th line, ex-read twice, and ordered to be engrossed and read cept that they shall not be subject to corporal punishment; this, after some debate, was negatived. The Committee now rose, reported progress, and had leave to sit again.

House yesterday, to the bill to provide for calling
forth the Militia to execute the laws of the Union,
suppress insurrections, and repel invasions.
The second section of the bill, for calling forth
the Militia, being under consideration-

Mr. GOODHUE observed that the amendment appeared to him to require some amendment; for an insurrection may happen in a remote part of the Union, and all the mischief completed before this proclamation could reach the spot.

Mr. FITZSIMONS observed that the proclamation could reach the scene of action as soon as the order from the PRESIDENT for calling forth the Militia could; therefore, the objection applies to other parts of the bill.

[APRIL, 1792.

ference with this House on the subject-matter of the amendments disagreed to by this House, and insisted on by the Senate, to the bill more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States. Whereupon,

Resolved, That this House doth agree to the said conference, and that Mr. CLARK, Mr. WHITE, and Mr. MURRAY, be appointed managers at the same, on the part of this House.

The House proceeded to consider the amendments reported by the Committee of the Whole House, on the 16th instant, to the bill sent from the Senate, entitled "An act for regulating processes in the Courts of the United States, and pro

Mr. MERCER Supported the amendment on pre-viding compensations for the officers of the said cedent, and by arguments drawn from facts and experience.

Mr. LIVERMORE objected, generally, to any amendment of the bill. He doubted whether the Legislature of the United States had a right to authorize the PRESIDENT to call forth the Militia till some real necessity for the measure should exist.

Mr. CLARK inquired whether the United States have a right to call on the justices of the peace to execute the laws of Congress? if they have no such right, the amendment, so far as it respects those officers, is nugatory.

courts, and for jurors and witnesses," and made some progress therein, when an adjournment was called for. Whereupon, the several orders of the day were further postponed until to-morrow.

THURSDAY, April 26.

An engrossed bill to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions, was read the third time, and passed.

Mr. WILLIAMSON, from the committee to whom was referred the petition of Lewis Garanger, in Mr. WHITE was in favor of the clause gene- behalf of himself and his brother, Charles Garanrally, but said he had no idea that the General Go-ger, made a report; which was read, and ordered vernment had any rigat to call on the officers of to lie on the table. the particular States to execute the laws of the Union.

Mr. GERRY, adverting to several parts of the Constitution, observed, that nothing could be plainer than this-that the General Government had a right to require the assistance of the officers of the several State Governments; for they have severally taken an oath to support the Constitution of the United States.

The House proceeded to consider the report of the committee to whom was referred the petition of Charles Colvill and William Robertson. Whereupon,

Ordered, That the said report be referred to the Committee of the Whole House on the bill making certain appropriations therein mentioned.

Mr. LEE, from the committee to whom was referred the report of the Secretary of the Treasury Mr. KITTERA opposed the amendment. He on sundry petitions, praying the renewal of certithought the tendency of it, so far from operating ficates which have been lost or destroyed, made a to suppress insurrections, would produce them in report; which was read, and ordered to lie on the a much greater degree. He objected particularly table. to that part of the clause which required the pro- The House resumed the consideration of the clamation's being read in the hearing of the insur- amendments reported by the Committee of the gents. He believed it was true, that no advan- Whole House on the 16th instant, to the bill sent tage had ever, in fact, resulted from the practice. from the Senate, entitled "An act regulating proIt was then voted to strike out the latter part of cesses in the Courts of the United States, and prothe amendment, which respects calling on the jus-viding compensations for the officers of the said tices of the peace or the judges to read the proclamation.

And then the said bill, together with the amendments, were ordered to be engrossed, and read the third, time to-morrow.

A message from the Senate informed the House that the Senate have agreed to the resolution of this House, authorizing the PRESIDENT of the Senate and SPEAKER of the House of Representatives to adjourn their respective Houses on the 5th day of May next, to close their present sessions, and to meet again on such day as may by law be

directed.

The House proceeded to consider the message from the Senate on Monday last, desiring a con

courts, and for jurors and witnesses;" and the same being further amended, were, on the question severally put thereupon, agreed to by the House.

Ordered, That the said bill, together with the amendments thereto, be read the third time tomorrow.

The House proceeded to consider the resolutions reported by the Committee of the Whole House on the 13th instant, on the report of the Secretary of the Treasury, relative to alterations in the act entitled "An act repealing, after the last day of June next, the duties heretofore laid upon distilled spirits imported from abroad, and laying others in their stead; and, also, upon spirits dis

tilled within the United States, and for appropriating the same;" and, the said resolutions being twice read, were, on the question severally put thereupon, agreed to by the House.

Ordered, That a bill or bills be brought in pursuant to the said resolutions; and that Mr. FITZSIMONS, Mr. PARKER, and Mr. MACON, do prepare and bring in the same.

The House resolved itself into a Committee of the Whole House on the bill authorizing a grant and conveyance of certain lands to John Cleves Symmes and his associates; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made an amendment thereto; which was twice read, and agreed to by the House.

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

to-morrow.

Ordered, That a committee be appointed to prepare and bring in a bill or bills to confirm an award or report of referees between the United States and Comfort Sands, and others; and that Mr. BENSON, Mr. SMITH, of New Hampshire, and Mr. GRIFFIN, be the said committee.

The House resolved itself into a Committee of the Whole House on the bill for registering ships or vessels, and for regulating those employed in the coasting trade and fisheries; and, after some time spent therein, the Committee rose, reported progress, and obtained leave to sit again.

The House resolved itself into a Committee of the Whole House on the bill for reducing the rates of postage on newspapers; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made an amendment thereto; which was twice read, and agreed to by the House.

Ordered, That the said bill, with the amendment, be engrossed, and read the third time to

morrow.

FRIDAY, April 27.

[H. OF R.

further said, that it vests a power in a merciless creditor to immure an unfortunate debtor within the walls of a prison for life. It confounds the unfortunate with the vicious and abandoned, and extends a regulation designed originally merely to produce a full discovery and delivery of all the debtor's property, to a most unrighteous and unreasonable punishment, to the shortening of life, and to the injuring of society. It was further observed, that its operation would place the citizens of the United States upon a very different footing from English debtors who owe money to the citizens of the United States. The Treaty of Peace which had been mentioned, was concluded during the existence of those laws under which the British debtors enjoyed privileges which will by no means be reciprocal, should this clause be retained. It was also observed, that if this law was passed, it would not be in the power of the Legislature to provide a remedy, as it would be an ex post facto law; it would place the debtors in a much worse situation than they were in at the time the contracts were made-by giving these foreign creditors an advantage which they did not contemplate at the time when the credit was given.

In opposition to the motion for recommitting the bill, it was contended that the creditors alluded to had not discovered that rancorous and cruel disposition, in at least some of the States, which had been complained of; but, on the contrary, had treated their debtors in the most humane and generous manner. The provision contemplated by the bill is precisely the same with that contained in a law which has twice received the sanction of Congress under the new Constitution, of which no complaint had ever been made; that to prescribe a different rule, would excite great alarms, and be attended with embarrassments, and perhaps with injury to the debtor as well as to the creditor. To leave it optional with the debtor to say in what manner he will pay his debts, or to subject the creditor to the caprice of the several State Governments whose laws may be founded on very opposite principles, will put it out of his power to get his debts paid agreeably to the Treaty of Peace, and therefore will be a virtual infraction of that treaty. The provision, it was said, is strictly conformable to the letter of the Constitution. Uniformity, in connexion with justice, was Mr. MERCER moved to recommit the bill, in order a principal object contemplated by the Constituto restoring an amendment disagreed to in the tion. This was considered as one of its chief exHouse, which had passed unanimously in the Com-cellencies; but, to say that foreign creditors shall mittee of the Whole. This amendment was, to strike out the clause that authorizes the creditor to pursue his action till a tender of the debt and costs in gold or silver is made. This motion was founded on the particular circumstances of persons indebted to foreigners. It was said that the law, with this clause in it, would annihilate the power of the several States to pass insolvent laws; and, in consequence, those unfortunate debtors would be entirely in the power of a set of persons who retained the most rancorous enmity against the Revolution, and the persons most conspicuous in their exertions to bring about that event. It was

The bill sent from the Senate, entitled "An act regulating processes in the Courts of the United States, and providing compensations for the officers of the said courts, and for jurors and witnesses," with the amendments, was taken up, on its third reading; when

be subjected to the Legislative provisions of the several States, which are known to clash, some of which have made paper a tender, others of which have depreciated paper in circulation, is, to defeat every just expectation founded on the Treaty of Peace and the Constitution. It was urged that this clause ought to be retained on every principle of uniformity as a general provision. Nor could it be considered as an ex post facto law, since every contract would remain as it was, and always be determined according to its own principles; except by mutual consent, this general provision should be resorted to.

table.

[APRIL, 1792

The question was then taken on recommitting | sury on the subject of Marine Hospitals, made a the bill, and it was ordered to be recommitted to a report; which was read, and ordered to lie on the Committee of the Whole House immediately. The House accordingly again resolved itself into a Committee of the Whole House on the said bill; and, after some time spent therein, the Chairman reported that the Committee had again had the said bill under consideration, and made a farther amendment thereto; which was twice read, and agreed to.

The said bill, together with the amendments thereto, was again read; and on the question that the same do pass, it was resolved in the affirma

tive.

A message from the Senate informed the House that the Senate have passed the bill, entitled "An act to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions." They also recede from their amendments, disagreed to by this House, and insisted on 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 they have passed the bill, entitled "An act for raising a farther sum of money for the protection of the Frontiers, and for other purposes therein mentioned," with several amendments; to which they desire the concurrence of this House.

Mr. FITZSIMONS, from the committee appointed, presented a bill concerning the duties on spirits distilled within the United States; which was received, read twice and committed.

The House resolved itself into a Committee of the Whole House on the bill concerning the duties on spirits distilled within the United States; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made several amendments thereto.

A message from the Senate informed the House that the Senate agree to the amendment proposed by this House to their amendments to the bill, entitled "An act for raising a farther sum of money for the protection of the Frontiers, and for other purposes therein mentioned." They have also resolved that the bill, entitled "An act for reducing the rates of postage on newspapers" do not pass to a second reading.

MONDAY, April 30.

The SPEARER laid before the House a Letter

from the Secretary of the Treasury, accompanying his reports on two petitions of Richard Blackledge; also, on the petition of Joseph Henderson and Alexander Contee Hanson; which were read, and

ordered to lie on the table.

The House resolved itself into a Committee of the Whole House on the bill relative to the comfection of the duties of impost and tonnage ; and, pensations to certain officers employed in the colafter some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made several amendments thereto.

amendments, do lie on the table.
Ordered, That the said bill, together with the

DUTIES ON SPIRITS.

The House proceeded to consider the amendments reported by the Committee of the Whole House on Saturday last, to the bill concerning the duties on spirits distilled within the United States; and the same being read, some were agreed to, and others disagreed to..

Mr. STEELE moved to strike out eight cents and The House proceeded to consider the amend-insert six, upon the first class of spirits distilled ments proposed by the Senate to the bill "for from fruit or grain within the United States. This raising a farther sum of money for the protection motion, he said, had failed in Committee, but upon of the Frontiers, and for other purposes therein reflection the House might probably express a difmentioned;" and the same being read, were amend-ferent opinion, and with that hope he was induced ed and agreed to.

to renew the motion. When a proposition has for The House resolved itself into a Committee of its basis justice as well as policy, it cannot lose the Whole House on the bill sent from the Senate, advocates by consideration, and several days entitled "An act for the relief of persons imprisoned having elapsed since the former discussion, a well for debt;" and, after some time spent therein, the grounded assurance is entertained that the present Chairman reported that the Committee had had the attempt will not be wholly unsuccessful. The said bill under consideration, and made no amend-object of the Excise law originally was supposed ment thereto.

to be revenue. The objects of the present bill is

The several orders of the day were further post- to remove objections, and, if possible, render that poned until to-morrow.

SATURDAY, April 28.

mode of taxation more palatable to the community. If therefore it can be proved that neither of these desired ends can be attained without reducing the duty, common sense suggests the propriety of doing Mr. AMES, from the committee to whom was it. The manner in which this law is now exereferred the Report of the Secretary of the Trea-cuted has disgracefully committed the dignity of

the General Government, and a sense of national honor requires that one of two things should be done; either that the law be totally repealed, or fully executed. If the latter be the determination of the Government, it cannot be productive without reducing the rate simplifying its operations, and, in many respects, rendering it less exceptionable to the people. It has been enacted now near twelve months, and in that time it cannot be said to have been well executed in all, or productive in any part of the United States, in the degree which was originally expected.

[H. OF R.

as they stand connected in one part of the Union, while manufactures in other parts are not only rewarded by high protecting duties, but in some instances even by specified bounties.

The agricultural interest has experienced the unfavorable influence of this law likewise, and it operates most oppressively too upon that class of farmers whose estates are situated in the interior country, and whose interests have thus far passed almost unnoticed, in the policy of the General Government. That class of citizens, though they have not been most solicitous, are nevertheless not insensible of their burdens, and the neglect with which their interest has been treated.

The value of our lands has been stationary for some time; its produce not in demand, and where it is, at depreciated prices; and notwithstanding this, taxes are imposed, evidently calculated in their operation to render agriculture tributary to the more favored branches of business.

No argument can be advanced that will justify the imposition of burdens upon the cultivation of the soil, for the aggrandizement of manufactures, or the emolument of those concerned in them.

The Secretary of the Treasury has proposed, in his report, that in certain instances the proprietors of stills should be allowed to discharge the amount of their respective duties in the produce of the distilleries. This, sir, will be an accommodation to the distillers, but while it answers this beneficial purpose to them, it operates as a strong argument in favor of a reduction of the duties. If reasonably reduced, an indulgence so unfavorably to the public would not be demanded or expected. The present motion is made under a conviction (resulting from a considerable knowledge of the nature of grain distilleries, and of the circum- Mr. STEELE then said, he would put a case, stances of the country where they are most in which is a familiar one in the State which he reuse) that the Treasury will receive more money presents, and might be so in others. If a farmer from a duty of six than nine cents upon the gallon. is possessed of a given quantity of rye for sale, Mr. STEELE then begged the House to recollect money cannot be obtained for it at any price-he that this is the first attempt to introduce a system sends it to a distillery, where one-half is given in of excise into the United States; that it is too the the first instance for manufacturing the other. first attempt to tax any article of American The duty is then to be paid out of the farmer's growth or manufacture; that the law requires a part, which reduces the balance to less than onesurrender of at least one-fourth part of the value third of the original quantity. If this is not an of the thing excised, and that not only the justice oppressive tax, I am at a loss to describe what is of the measure is denied, but its policy is doubted. so; and if a proposition had been made to lay a The necessities of the Government are so inter- similar tax upon American porter, nails, paper, woven at this time with its policy, that it is not shoes, or any other article of this kind, we should easy for this or any other measure relating to re- not shortly have heard the last of it. And here venue, to undergo the proper consideration, or to let me ask, what is in the nature of these manufacbe decided simply upon its merits. The oppositories which entitles them to such priorities and tion to this law has not proceeded from a restless and disorderly spirit among the people, but from an aversion which freemen in all countries ever had, and perhaps ever will have to this mode of taxation. And let ingenious theorists refine as they please upon the nature of indirect taxes, it must always be admitted that excises retrench the liberty of the citizens on whom they operate, and that they are subject to solid, as well as plausible objections. It has already been the subject of much complaint in many parts of the Union, and will be productive of serious consequences if these complaints be not redressed by the Legislature, in The tendency of this law has been, and, if not the present session. Among the causes of dissatis-differently modified, will continue to be, to build faction are the following: 1st. Excise laws are up the rum distilleries upon the ruins of those emThese are novel in the United States, and odious in their ployed by farmers for domestic uses. nature; 2d. Articles of American manufacture are not suggested to be the motives which actuated not proper objects of taxation, and if they were, any part of the majority in passing this law originthe rate of duty in this instance is too high; 3d. ally, or which now influence the zealous opposition The proportion which was established between to the present motion; but as the reduction of the the rate of duties on molasses, rum, and spirits dis- tax is objected to principally by gentlemen, who tilled from fruit and grain, tends to the encourage- on other occasions have been anxious to afford ment of the former, at the expense and depression Legislative aid to American manufactures, it is not of the latter; 4th. Because it operates, and is in uncharitable to say that their singular conduct fact, a tax upon this occupation and agriculture, now might justify such an imputation. 2d CON.-20

preferences? It may fairly be answered, that they are nearer to perfection, that they are aided by more capital, that they are therefore better able to bear taxation, and that the advantages which they now enjoy have been derived from the generosity of members representing the agricultural parts of the country. It is most sincerely to be wished that the manufacturing States would fix some bounds to their expectations, and that they will not continue to insist upon unreasonable sacrifices from those who are engaged in different pursuits, and little able to make them.