Gazette Of The United States

PROCEEDINGS of CONGRESS.

In the HOUSE of REPRESENTATIVES of the UNITED STATES.

MONDAY, MAY 4, 1789.

The House met agreeably to adjournment.

A petition from the shipwrights of the town of Baltimore was presented by Mr. SMITH, and being read, was referred to a committee of the whole on the state of the Union.

Mr. MADISON gave notice, that on the fourth Monday of the present month, he should introduce the subject of amendments to the Constitution, agreeably to the fifth article of the Constitution: He thought it necessary thus early to mention the business, as it was weighty and important, and upon motion, the time proposed by the gentleman was assigned.

Mr. AMES presented three petitions from private persons, which were ordered to lie on the table.

Mr. GOODHUE then proposed, that the remainder of the report of the committee, respecting tonnage, should be taken up.

The first article was then read, viz. That all vessels belonging to a citizen or citizens of the United States, should pay a tonnage duty of 6 cents.

Mr. BLAND proposed an amendment, which was seconded, viz. That these words should be added—excepting vessels bound from one port to another within the United States.

The gentleman observed, that as the article now stood it was contrary to the express letter and meaning of the Constitution, which provides that vessels bound to or from one State, shall not be obliged to enter, clear or pay duties in another.

Mr. LAWRENCE was opposed to the amendment: He thought that the Constitution fully warranted the laying a tonnage duty—that the article the gentleman referred to was plain in its meaning, and ought to be construed only as referring to entrances and clearances at a third port—coasting vessels were greatly benefited by light houses, pilotage, &c. and it was but reasonable that they should pay for those advantages.

Mr. MADISON was in sentiment with Mr. LAWRENCE, in his construction of the meaning of the clause in the Constitution. The ideas of some gentlemen upon it, he observed, were unreasonable and inconsistent, he conceived, with the Constitution, and must in their opinion totally defeat the revenue—for if vessels were not obliged to enter and clear at some port, the whole duties might be evaded: He thought the construction of the article simple, and easy to comprehend.

Mr. BLAND replied, that he was not convinced of the impropriety of his motion—the gentleman's reasoning, he conceived, went too far—here was a plain, positive declaration, and if we were to suppose, that because the Constitution gave Congress necessary powers, it gave them every power, they would be absolute at once: The article was definite, he conceived; but gentlemen have put different constructions upon it—it was however well known, that the Convention in framing this article, designed to encourage the coasting trade.

Mr. LIVERMORE, Mr. BALDWIN and Mr. CLYMER coincided in sentiment with Mr. MADISON.

Mr. BOUDINOT observed, that this amendment would deprive Congress of all power to raise a revenue: The Constitution had vested such powers in Congress, and they were sworn to support the Constitution: When these powers were duly considered, he presumed, that it would not be contended, that they had not this in particular: The idea of the Convention in the construction of the clause, was to preclude all partiality to any individual State: It moreover extends, he observed, to all vessels indiscriminately, so that the construction of the gentleman goes to exempt all from any obligation to pay duties—Sir, shall a vessel bound to cargo at different ports upon the continent—this Europe not pay tonnage, because they may collect her would entirely overturn the whole system of revenue.

Mr. BLAND replied that the Constitution was express, that no duty should be imposed or paid by one State on the articles of another: Tonnage was a duty of this description.
The constitution, that Congress shall have power to regulate trade,

Mr. Madison said, it is expressly declared by the Constitution

what purpose is this power given?—Can they be laid to
but if they cannot oblige vessels to enter and clear, to
regulate trade in any degree whatever?

plicit as words could make it, to his apprehension these
Mr. Sylvester observed, that the article was ex-
words "in another" plainly indicated, that the duty has
been paid at some one port, to entitle to an exemption
from duties in another.

So that Mr. Bland's amendment was lost.

Upon the votes being taken, it passed in the negative

The first article was then put and carried.

ment, the insertion of the word NOW, before owned—
as it now stands.

vessels owned by the subjects of powers with whom the
The third article came next in course, viz. Upon all
United States had formed treaties, &c,

words, with whom the United States had formed treaties,
Mr. Lawrence proposed, and was seconded, that the
should be struck out of the report.

This produced a debate, which was supported with spi-
rit and ingenuity on both sides.

Mr. Lawrence observed, that the present situation of
the United States, should lead her to observe a perfect
neutrality with respect to all foreign nations whether in
treaty with us or not—that we had not shipping sufficient
to export the produce of the country—consequently, we
must employ foreign vessels—nations in treaty could not
furnish us, and therefore we were under the necessity to
employ the British, those of our allies, and American, to
transport our produce, or else it must perish on our hands:
This necessity places us in the power of foreigners, and
gives them every advantage.—Freight will be enhanced
in proportion to the tonnage, so that this discrimination
operates as a bounty to foreigners, and a tax upon our own
produce: But I appeal to gentlemen, (Mr. Lawrence
said) whether the produce of the country can bear any
addition to its price—with respect to rice and tobacco,
gentlemen from the southward must determine—as to the
produce of the eastern and northern States, it was well
known it could not—the eastern fisheries, it had been
plainly proved were in a declining situation already—
This discrimination will be considered as a retaliating
measure.—It is fact that no commercial treaties now exist
between the United States and Spain, Portugal and Great
Britain—we carried on a great trade with those countries;
we might form such treaties; but such regulations as
were now proposed, would produce similar on their part—
and in that case our condition, bad as it is, will be changed
for the worse.—As the fish from the eastern States will be
incumbered with duties in Spain and Portugal.—As the
measure respected Great Britain, the gentleman thought
it was better to negotiate, than to wage a war of regula-
tions—it would be better to try this mode at the present,
the other would always be in our power—This discrimi-
nation will have a disagreeable effect—Great Britain is
rich, old and powerful—we now derive advantages,
great and many in our intercourse with them—their ports
in India were open to us, a trade that was considered of
immense importance, and which the influence of that
nation in India could materially affect, either in our favor
or against—the gentleman hoped we should there-
fore adopt negotiation before we tried the proposed ex-
pedient.

Mr. Madison considered the subject as involving a
general question—how far any discrimination should be
made; Gentlemen had observed, that our shipping was
not sufficient, he believed that was the case at present,
and if we did not want a maritime power, if the United
States did not need a navy, he should be for opening our
ports to the whole world—But it is, Sir, (the gentleman
observed) necessary to provide for our security—and
though we may be obliged to pay a temporary advance
and make some sacrifices to obtain it, yet it would prove
a saving in the end, and may prevent the horrors of war.
Nothing essentially different, from what had before
been offered, has been now said—I shall therefore reserve
myself to make a motion, that time may be given for
the operation of this duty.

It is evident, that the sentiments of the people are in
favor of a discrimination, evidenced by the separate at-
tempts of the respective governments, and if in the first
act of Congress this distinction should be abolished we
shall certainly disappoint our constituents. The gentle-
man last speaking contends, that we enjoy advantages
in our connections and trade with Great Britain.
But sir, it is evident, that the object of that nation has
been an universal monopoly: selfish in her commercial
regulations, we derive no benefits from her, but such as
are extorted by her attention to her own necessities, and
our peculiar advantages: There was a moment when
Great-Britain would have negotiated, but reverting to
her narrow policy, the want of power on our part was ob-
jected to. The executive of that country, have the
power to regulate their commerce as the state of things
here may dictate, varying their systems so as to pro-
mote their own interest. I do not fear their retaliating,
they have no new expedients to try: If necessary, the
people will associate, and it is very certain that since this
resources of the country have been explored, and our
capacity for manufactures ascertained; an association
against their manufactory, will now produce a greater
consternation than ever. I conceive we have nothing to
apprehend: but supposing the worst, what grievous wound
can Great-Britain inflict? Restrictions on the trade to
the West-Indies would soon bring them to reason, they
must depend for the necessaries of life in those islands,
on this country entirely, in a few years. What do we
want from Great-Britain? we may make them depend
upon us, and she would very soon sacrifice her pride ra-
ther than sacrifice the essentials of her trade and manu-
factures. Their islands depend upon us for subsistence—

at this moment we hear the cry of distress from one or
another: We have nothing to fear, the fears are on their
side. I have not time particularly to go into a compa-
risons of the commerce of foreign countries, but our
oil is now received upon peculiar advantages in
France: our RICE will soon be admitted according to
the best accounts. We should not surely discourage our
allies at this interesting period; there are between 80 and
90,000 hogsheads of tobacco exported to England, and
but about 16,000 are consumed in that kingdom; the
rest was re-shipped by the merchants of Great-Britain,
to all parts of the continent, and the same may be said
of the principal part of our produce sent to that coun-
try. Our ALLIES merit some advantages to place
their navigation upon more equal terms: It would be
pleasing sir, if some distinction could be made in favour
of Spain and Portugal, but at present, I do not see how
it can be done. Treaties, however, may soon be form-
ed between us and those powers: I rely upon the con-
sistency of conduct, which will be observed by this house.

Our constituents are all anxious for some discrimination,
and will be disappointed should the words in the report be
struck out. I do not contend for a great difference, but
a difference is necessary, politic, and just.

Mr. Fitzsimons observed, that Great-Britain takes
exclusively from us, lumber—if 40s. per thousand duty
was laid, they must pay it; the same may be said of
provisions: This was proved by the rise of these arti-
cles, and the rise of their freights—the freight was not
in proportion to the tonnage—the rice of Carolina, was
another article not to be produced elsewhere—Flaxseed
and potash also from the eastward—6s. 8d. duty on ton-
nage had been paid in some of the states, but it did not
enhance freight, the charges fall on the consumer. He
acknowledged there might be some difficulties on ac-
count of Spain and Portugal, but none with Great-Bri-
tain, we were their best customers.

Mr. Wadsworth was opposed to all discrimination—
we enjoyed, he observed, great advantages in our trade with
G. Britain: Our flaxseed, potash, naval stores and lumber,
were carried there upon equal and better terms than from
other countries, that they were not confined to our mar-
ket for these articles was well known, that to deprive
ourselves of this market would be the greatest ill-policy
as we could find no substitute: it had been acknowledged
that the Shipping of the States, was not sufficient to
transport the productions of the country in this situa-
tion, shall we prohibit a competition between the several
maritime powers, for our carrying trade, and suffer our
produce to perish on our own hands? Policy forbids it—
the state of the union forbids it—and he conceived the
house would be in favour of the motion to strike out the
clause in the report—several other gentlemen spoke
upon the subject: Mr. Jackson, Mr. Sherman, Mr.
Lawrence and Mr. Madison, again; but the sub-
stance of the whole debate is contained in the foregoing.

The vote being taken to strike out the words "with
whom the United States have formed treaties." It passed
in the negative, so the motion of the Hon. Mr. Law-
rence, was lost.

The House adjourned.

TUESDAY, May 5, 1789.

Rev. Mr. Linn, the Chaplain of the House officiated
for the first time.

Mr. Benson presented the report of the committee,
appointed to consider what title, or whether any other
than what the constitution points out, should be given to
the President and other officers of the national government
—which was that it was not proper to give any other ti-
tle, than what the Constitution contains—This report was
unanimously accepted.

Mr. Madison, one of the committee appointed to
answer the Speech of THE PRESIDENT, introduced the
report of that committee, which being read by the Clerk,
it was referred to a committee of the whole House—where
being read and amended, was unanimously passed, and
afterwards accepted by the House.

Mr. Bland introduced the resolution of the State of
Virginia, upon the subject of amendments, which after
some conversation, was ordered to be entered on the jour-
nals of the House, and the original deposited with the
files in the Clerk's office.

That part of the report of the committee of the whole
respecting tonnage, was then resumed—upon which Mr.
Jackson proposed, that the sum of 30 cents on foreign
tonnage of nations in alliance, should be struck out, and
20 inserted.—This produced a long debate, sketches of
which shall appear in our next.—No decision was had
upon the proposition, when the House adjourned.