WEDNESDAY, March 4, 1789. This being the day fixed for the meeting of the new Congress, the following members of the House of Representatives appeared and took their seats, viz:* WEDNESDAY, March 18. ANDREW MOORE, from Virginia, took his seat. No other member appearing, the House adjourned, from day to day, until the 23d instant. MONDAY, March 23. From Massachusetts, GEORGE THATCHER, FISHER AMES, George Leonard, and ELBRIDGE GERRY. The following members appeared, to wit:From Connecticut, BENJAMIN HUNTINGTON, From New Jersey, ELIAS BOUDINOT; and JONATHAN TRUMBULL, and JEREMIAH WADS- from Maryland, WILLIAM SMITH. WORTH. No additional member appeared on the 24th. WEDNESDAY, March 25. and took his seat. No additional member arrived until the 30th instant. MONDAY, March 30. GEORGE GALE, from Maryland, and THEOtook their seats. DORICK BLAND, from Virginia, appeared and No additional member on the 31st instant. WEDNESDAY, April 1. SCHUREMAN, from New Jersey, and THOMAS Resolved, That this House will proceed to the choice of a Speaker by ballot. The House accordingly proceeded to ballot for a Speaker, when it was found that a majority of the votes were in favor of FREDERICK AUGUSTUS MUHLENBERG, one of the Representatives from Pennsylvania. Whereupon Mr. MUHLENBERG was conducted to the chair, from whence he made his acknowledgments to the House for so distinguished an honor. The House then proceeded in the same manner to the appointment of a Clerk, when it was found that Mr. JOHN BECKLEY was elected. H. OF R.] On motion, Mr. Speaker accordingly left the chair, and Ordered, That the members do severally de-attended by the House, withdrew to the Senate liver in their credentials at the Clerk's table. Chamber, and after some time returned to the House. THURSDAY, April 2. Mr. Speaker resumed the chair. Mr. PARKER and Mr. HEISTER then delivered LAMBERT CADWALADER, from New Jersey, in at the Clerk's table a list of the votes of the appeared and took his seat. electors of the several States in the choice of a President and Vice President of the United States, as the same were declared by the PresiGEORGE CLYMER, from Pennsylvania, appear- and of this House, which was ordered to be dent of the Senate, in the presence of the Senate ed and took his seat. FRIDAY, April 3. SATURDAY, April 4. GEORGE PARTRIDGE, from Massachusetts, appeared and took his seat. The House proceeded to the election of a doorkeeper, and assistant doorkeeper; when Gifford Dudley was chosen to the former, and Thomas Claxton to the latter office. MONDAY, April 6. DANIEL CABROLL, from Maryland, appeared and took his seat. Ordered, That leave be given to bring in a bill to regulate the taking the oath or affirmation prescribed by the sixth article of the Constitution; and that Messrs. WHITE, MADISON, TRUMBULL, GILMAN, and CADWALADER, do prepare and bring in the same. On motion, Resolved, That the form of the oath to be taken by the members of this House, as required by the third clause of the sixth article of the Constitution of Government of the United States, be as followeth, to wit: "I, A B, a Representative of the United States in the Congress thereof, do solemnly swear (or affirm, as the case may be) in the presence of Almighty GOD, that I will support the Constitution of the United States. So help me God." entered on the Journal.* WEDNESDAY, April 8. Two other members, to wit: JNO. LAWRENCE, from New York, and THOMAS FITZSIMONS, from Pennsylvania, appeared and took their seats. Duties on Imports. On motion, the House resolved itself into a Committee of the Whole on the state of the Union, Mr. PAGE in the chair. Mr. MADISON.-I take the liberty, Mr. Chairman, at this early stage of the business, to introduce to the committee a subject, which appears to me to be of the greatest magnitude; a subject, sir, that requires our first attention, and our united exertions. No gentleman here can be unacquainted with the numerous claims upon our justice; nor with the impotency which prevented the late Congress of the United States from carrying into effect the dictates of gratitude and policy. The union, by the establishment of a more effective government, having recovered from the state of imbecility that heretofore prevented a performance of its duty, ought, in its first act, to revive those principles of honor and honesty that have too long lain dormant. The deficiency in our Treasury has been too A message from the Senate, by Mr. ELLS-notorious to make it necessary for me to ani WORTH. Mr. SPEAKER: I am charged by the Senate to inform this House, that a quorum of the Senate is now formed; that a President is elected for the sole, purpose of opening the certificates and counting the votes of the electors of the several States, in the choice of a President and Vice President of the United States; and that the Senate is now ready in the Senate Chamber, to proceed, in presence of this House, to discharge that duty. I have it also in further charge to inform this House that the Senate has appointed one of its members to sit at the Clerk's table to make a list of the votes as they shall be declared, submitting it to the wisdom of this House to appoint one or more of its members for the like pur pose. On motion, Resolved, That Mr. Speaker, attended by the House, do now withdraw to the Senate Chamber, for the purpose expressed in the message from the Senate; and that Mr. PARKER and Mr. HEISTER be appointed on the part of this House, to sit at the Clerk's table with the member of the Senate, and make a list of the votes, as the same shall be declared. pose such articles of regulations only as are likely to occasion the least difficulty. The propositions made on this subject by Congress in 1783, having received, generally, the approbation of the several States of the Union, in some form or other, seem well calculated to become the basis of the temporary system, which I wish the committee to adopt.* I am well aware that the changes which have taken place in many of the States, and in our public circumstances, since that period, will require, in some degree, a deviation from the scale of duties then affixed: nevertheless, for the sake of that expedition which is necessary, in order to embrace the spring importations, I should recommend a general adherence to the plan. This, sir, with the addition of a clause or two on the subject of tonnage, I will now read, and, with leave, submit it to the committee, hoping it may meet their approbation, as an expedient rendered eligible by the urgent occasion there is for the speedy supplies of the federal treasury, and a speedy rescue of our trade from its present anarchy. Resolved, As the opinion of this committee, that the following duties ought to be levied on goods, wares, and merchandise, imported into the United States, viz: [H. OF R. Mr. BOUDINOT.-The necessity of adopting some measure, like the one proposed by the honorable gentleman from Virginia, is too apparent to need any argument in its support. The plan which he has submitted to the committee appears to be simple and sufficiently complete for the present purpose; I shall, therefore, for my own part, be content with it, and shall move you, sir, that the blanks be filled up in the man ner they were recommended to be charged by Congress in 1783. My reason for this is, that those sums have been approved by the Legislatures of every State represented on this floor, and of consequence must have been agreeable to the sense of our constituents at that time; and, I believe, nothing since has intervened to give us reason to believe they have made an al teration in their sentiments. Mr. WHITE. I wish filling up the blanks may be deferred until the business is more matured; nor will this be attended with a loss of time, because the forms necessary to complete a bill will require so much as to give gentlemen leisure to consider the proper quantum of impost to be laid, as well on the enumerated articles as on the common mass of merchandise rated ad valorem; for, as was hinted by my colleague, something may have occurred to render an alteration in the sums recommended in 1783 in given to consider the subject with more attention in the progress of the bill, and no unnecessary delay can arise; wherefore, I move you, sir, that the committee now rise, report proongress, and ask leave to sit again. On rum, per gallon, - of a dollar; on all some degree necessary; and if so, time will be other spirituous liquors; on molasses on Madeira wine ; on all other wines on common bohea teas per lb.-; on all other teas; on pepper · -; on brown sugar on loaf sugar; on all other sugars ; cocoa and coffee- -; on all other articles per cent. on their value at the time and place of importation. That there ought, moreover, to be levied on all vessels in which goods, wares, or merchandises shall be imported, the duties following, viz: On all vessels built within the United States, and belonging wholly to citizens thereof, at the rate of per ton. On all vessels belonging wholly to the subjects of Powers with whom the United States have formed treaties, or partly to the subjects of such Powers, and partly to citizens of the said States, at the rate of On all vessels belonging wholly or in part to the subjects of other Powers, at the rate of-t *This scale of duties, thus offered by the Continental Congress of 1783, and agreed to by the States, after proposing small specific duties on a few enumerated articles, (wines, spirits, teas, coffee, cocoa, molasses, sugars and pepper,) proposed an ad valorem duty of five per centum upon all other goods, computed on the value of the article at the time and place of importation. + In bringing forward the measure for imposing impost and tonnage duties, Mr. Madison proceeded in the approved parliamentary form, of first discussing and agreeing upon the provisions of the measure, and then appointing a committee to bring in a bill according to what had been agreed upon. Long experience had proved that to be the safest mode of legislation, giving full scope to the whole intelli Mr. MADISON.-I do not consider it at this moment necessary to fill up the blanks, nor had I it in contemplation at the time I offered the propositions. I supposed that most of the gentlemen would wish time to think upon the principles generally, and upon the articles particularly; while others, who, from their situation and advantages in life, are more conversant on this subject, may be induced to turn their particular attention to a subject they are well able to do justice to, and to assist the committee with their knowledge and information; unless such gentlemen are now prepared and disposed to proceed in filling up the blanks, I shall second the motion for the committee's rising. THURSDAY, April 9. EGBERT BENSON, from New York, and ISAAO COLES, from Virginia, appeared and took their seats. gence of the House, before the measure had taken a form which it might be difficult to alter, as is always the case when a committee brings in a detailed bill, (without previ ous instructions from the House,) and which, as an act of a committee, and as a matured plan, (though done by a few,) has an authority which resists alteration, and renders amendments, at the instance of a member, most difficult to obtain. This wise and safe practice, of settling the provisions of a bill beforehand, has been nearly abandoned by our Congress -to the great prejudice of beneficial legislation. H. OF R.] Duties on Imports. Duties on Imports. [APRIL, 1789. With great deference I have submitted these sentiments to the committee, as what occurred The House again resolved itself into a Com-to me to be the better plan of the two; though, mittee of the Whole on the state of the Union, Mr. PAGE in the chair. posed plan of revenue is viewed by them as a temporary system, to be continued only until proper materials are brought forward and arranged in more perfect form. I confess, sir, that I carry my views on this subject much further; that I earnest.y wish such a one which, in its operation, will be some way adequate to our present situation, as it respects our agriculture, our manufactures, and our commerce. It is also well I must own, it is a subject on which I am not so fully informed as I wish to be, and therefore Mr. LAWRENCE. The subject of the proposi- hope the indulgence of the committee in contion laid before the committee by the honora-sidering it. ble gentleman from Virginia, (Mr. MADISON,) Mr. FITZSIMONS.-I observe, Mr. Chairman, will now, I presume, Mr. Chairman, recur for by what the gentlemen have said, who have our deliberation. I imagine it to be of consider-spoken on the subject before you, that the proable importance, not only to the United States, but to every individual of the Union. The object of the revenue alone would place it in this situation, and in this light I mean now to consider it. If I am not mistaken, the honorable mover of the plan viewed it as a temporary system, particularly calculated to embrace the spring importations; therefore, in order to discover whether the mode laid before you is well calculated to answer this end, it will be proper to consider its operation. The plan consists of certain distinct propositions; one part is intended to lay a specific sum on enumerated articles, the other a certain per cent. ad valorem: perhaps simplifying the system may be productive of happy consequences, and it strikes me that confusion and perplexity will be best avoided by such a measure; hence, it may be proper to lay a duty at a certain rate per cent. on the value of all articles, without attempting an enumeration of any; because, if we attempt to specify every article, it will expose us to a question which must require more time than can be spared, to obtain the object that appears to be in the view of the committee. A question, I say, sir, will arise, whether the enumeration embraces every article that will bear a duty, and whether the duty to be affixed is the proper sum the article is able to bear. On this head, sir, I believe that the committee have not materials sufficient to form even the basis of the system, beside being wholly incompetent to determine the rate most advantageous to the article of revenue, and most agreeable to the interest and convenience of our constituents. Knowledge on these points can only be obtained by experience; but hitherto we have had none, at least of a general nature. The partial regulations made by the States, throw but little light on the subject, and its magnitude ought to induce us to use the greatest degree of caution. A system of the nature which I hinted at, will, in my opinion, be not only less complex and difficult in its formation, but likewise easier and more certain in its operation; because the more simple a plan of revenue is, the easier it becomes understood and executed: and it is, sir, an earnest wish of mine, that all our acts should partake of this nature. Moreover, by adopting the plan I have mentioned, you will embrace the spring importation and give time for digesting and maturing one upon more perfect principles; and, as the proposed system is intended to be but a temporary one, that I esteem to be best which requires the least time to form it. An honorable gentleman (Mr. LAWRENCE) has expressed an opinion that an enumeration of articles will operate to confuse the business. So far am I from seeing it in this point of view, that, on the contrary, I conceive it will tend to facilitate it. Does not every gentleman discover that, when a particular article is offered to the consideration of the committee, he will be better able to give his opinion upon it than on an aggregate question? because the partial and convenient impost laid on such article by individual States is more or less known to every member in the committee. known that the amount of such revenue is more accurately calculated and better to be relied on, because of the certainty of collection, less being left to the officers employed in bringing it forward to the public treasury. It being my opinion that an enumeration of articles will tend to clear away difficulties, I wish as many to be selected as possible; for this reason I have prepared myself with an additional number, which I wish subjoined to those already mentioned in the motion on your table; among these are some calculated to encourage the productions of our country, and protect our infant manufactures; besides others tending to operate as sumptuary restrictions upon articles which are often termed those of luxury. The amendment I mean to offer is in these words: I shall read it in my place, and, if I am seconded, hand it to you for the consideration of the committee. Resolved, As the opinion of this committee, that the following duties ought to be laid on goods, wares, and merchandise imported into the United States, to wit: [The articles enumerated for duty were beer, ale, and porter; beef, pork, butter, candles, cheese, soap, cider, boots, steel, cables, cordage, twine or pack thread, malt, nails, spikes, tacks, or brads; salt, tobacco, snuff, blank books, writing, printing, and wrapping paper; pasteboard, cabinet ware; buttons, saddles, gloves, hats, millinery, castings of iron, slit, or rolled iron; leather, shoes, slippers, and golo shoes; APRIL, 1789.] Duties on Imports. [H. OF R. coach, chariot, and other four wheel carriages; | imported, and an additional duty on a few enuchaise, solo, or other two wheel carriages; nutmegs, cinnamon, cloves, raisins, figs, currants, almonds.] This motion was seconded by Mr. SCHURE MAN. Mr. WHITE. I shall not pretend to say that there ought not to be specific duties laid upon every one of the articles enumerated in the amendment just offered; but I am inclined to think, that entering so minutely into the detail, will consume too much of our time, and thereby lose us a greater sum than the additional impost on the last-mentioned articles will bring in; because there may be doubts whether many of them are capable of bearing an increased duty; but this, sir, is not the case with those mentioned in the motion of my colleague: for I believe it will be readily admitted on all sides, that such articles as rum, wines, and sugar, have the capacity of bearing an additional duty besides a per cent. ad valorem. His system appears to be simple, and its principles I conceive, are such as gentlemen are agreed upon, consequently a bill founded thereupon would pass this House in a few days; the operation of the law would commence early, and the treasury be furnished with money to answer the demands upon it. This law would continue until mature deliberation, ample discussion, and full information, enabled us to complete a perfect system of revenue: for, in order to charge specified articles of manufacture, so as to encourage our domestic ones, it will be necessary to examine the present state of each throughout the Union. This will certainly be a work of labor and time, and will perhaps require more of each than the committee have now in their power. Let us, therefore, act upon the principles which are admitted, and take in the most material and productive articles, leaving to a period of more leisure and information a plan to embrace the whole. Mr. TUCKER.-In common with the other gentlemen on this floor, I consider the subject which engages our present deliberations as of very great importance as it relates to our agriculture, manufactures, and commerce; I also consider it of consequence that we should give full satisfaction to our constituents by our decision, be that whatever it may; and I think this most likely to be effected by establishing & permanent regulation, although in the interim, a temporary system may be expedient. merated articles.* This recommendation of Congress has been so universally received by the several States, that I think we run no risk of giving umbrage to any by adopting the plan; but the other articles which have just been offered, are, I apprehend, to many of us so novel, and, at the same time, so important, as to make it hard to determine the propriety of taxing them in a few hours, or even in a few days. In order to preserve the peace and tranquillity of the Union, it will become necessary that mutual deference and accommodation should take place on subjects so important as the one I have first touched upon. And, in order that this may take place, it is proper that gentlemen deliver their sentiments with freedom and candor. I have done this in a manner which I conceived it my duty to do, and shall just repeat that I wish to confine the question to that part f the motion made by the honorable gentleman from Virginia, (Mr. MADISON,) which respects laying a general impost on the value of all goods imported, and the small enumeration which precedes it: if it is in contemplation to do otherwise, I shall be under the necessity of moving for a division of the question. If I should lose this, and a high tonnage duty be insisted on, I shall be obliged to vote against the measure altogether; when, if the business is conducted on principles of moderation, I shall give my vote for it to a certain degree. Mr. HARTLEY.-If we consult the history of the ancient world, we shall see that they have thought proper, for a long time past, to give great encouragement to the establishment of manufactures, by laying such partial duties on the importation of foreign goods, as to give the home manufactures a considerable advantage in the price when brought to market. It is also well known to this committee, that there are many articles that will bear a higher duty than others, which are to remain in the common mass, and be taxed with a certain impost ad valorem. From this view of the subject I think it both politic and just that the fostering hand of the General Government should extend to all those manufactures which will tend to national utility. I am therefore sorry that gentlemen seem to fix their mind to so early a period as 1783; for we very well know our circumstances are much changed since that time: we had then but few manufactures among us, and the vast quantities of goods that flowed in upon us from Europe, at the conclusion of the war, rendered those few almost useless; since then we have been forced by necessity, and various other causes, to increase our domestic manufactures to such a degree as to be able to furnish some in sufficient quantity to answer the consumption of the whole Union, while others are daily growing into importance. Our stock of materials is, in many instances, I have no objection, sir, to go so far into the matter as to pass a law to collect an impost ad talorem, whilst it is understood to be but a temporary system; and likewise to lay a duty on such enumerated articles of importation as have been heretofore considered as proper ones by the Congress of 1783. So far, sir, the matter may be plain to us, and we run no hazard of doing any thing which may give dissatisfaction to any State in the Union. The duties proposed by the Congress of 1783 were, I believe, five per cent. on the value of all goods be subject to the ad valorem duty of five per centum. Not additional. The enumerated articles were not to |