Of TH 
 
 ( UNIVERSITY J 
 
 OF 
 
SKETCHES OF DEBATE 
 
 IN- TIIK 
 
 :1 uiuni 
 
 1789-90-91, 
 
 WILLIAM MACLAY, 
 
 A Senator from, Pennsylvania. 
 
 EDITED HY GEORGE W. HARRIS, 
 
 of Httrnsburg, Pn., 
 Compiler of Harris' Report* of the Supreme Court of Pennsylvania. 
 
 HARRISBtTKG: 
 
 LANK S. IIAliT VR1NTKH AND HINDER, 
 
r<> 
 
 [Copyrighted, 1880.] 
 
A Brief Report made by 1he Librarian of Congress 
 upon Maclay's Journal, 3 vo/s. 
 
 THE Journal of WILLIAM M ACL AY, a Senator in Congress from 
 the State of Pennsylvania, covers a period of about two years, viz : 
 From April 24, 1789, to March 3, 1791. Its chief value consists in 
 the fact that it records with some fullness, the proceedings of the 
 first Senate organized under the Constitution, and at a period when 
 the sessions were held with closed doors. It is well known that no 
 report of the debates in the Senate exists for the period embraced 
 by the 1st to the 5th Congress inclusive. During the ten years from 
 1789 to 1799, only a bare outline of the business transacted is found 
 in the Annals of Congress, or elsewhere, altho' the debates in the 
 House of Representatives were reported with considerable fullness. 
 The few notices of the business and debates in the Senate during 
 this period, preserved in the published writings of JOHN ADAMS, 
 JEFFERSON, MADISON, WALCOTT, and others, are of high interest and 
 value. Yet in none of them is there any continuous journal pur- 
 porting to give a record of the debates in the Senate. This vacuum 
 is to a certain extent supplied by this MS. Journal of Senator 
 M ACL AY. Although not a formal report of debates, as to the 
 language used, it gives the sentiments expressed by the leading 
 speakers on both sides, on most of the important questions dis- 
 cussed at length. Among these were the questions of the official 
 title for the President of the U. S., the power of removal from office, 
 the doctrine of a protective tariff, the location of the permanent 
 seat of Government, the jurisdiction of the Federal Courts, etc. 
 
 Besides these, the Journal contains Mr. MACLAY'S account of the 
 inauguration of President WASHINGTON at N. Y. in 1789, of various 
 Presidential dinners and state ceremonies in the early days of the 
 Government, and some criticisms -of the President} Vice President 
 ADAMS, and other public men of the time. As a whole, this MS. 
 record, which has never been published, would add a contribution 
 of considerable interest and value to the stores of information we 
 possess regarding the early politics of the country. The period it 
 embraces, covering as it does the very origin of the Government 
 under the Constitution, is continually enhanced in interest with the 
 growth of the historical sprit in the country. 
 
 A. R. SPOFFORD. 
 
 Presented to Committee on the Libra^, Washington, March, 1869. 
 
 21 f > 
 ... fc O O 
 
MEMOKANDA. 
 
 In December, 1858, or in the early part of January, 1859, Mr. Breckenridge, 
 Vice President, delivered an address to the Senate when it was about taking 
 possession, or had taken possession, of its new hall. 
 
 In the course of this he observed : " At the origin of the Government, the 
 Senate seemed to be regarded chiefly as an executive council. The President 
 often visited the Chamber and conferred personally with this body. Most of 
 its business was transacted with closed doors, and it took comparatively little 
 part in the legislative debates. The rising and vigorous intellects of the coun- 
 try sought the arena of the House of Representatives as the appropriate thea- 
 ter for the display of their powers," &c. 
 
 Now, it appears from the journal of Mr. Maclay, that there was debated in 
 the Senate the question of titles to the President and Vice President ; the 
 question whether nominations by the President were to be acted 011 by ballot 
 or viva voce ; the question whether the President had the sole power to re- 
 move from office ; the tariff bill ; debate as to the seat of government ; the ju- 
 diciary bill, and other matters. 
 
 The members of the first Senate were not men of inferior minds, and a num- 
 ber of them were of distinguished ability. Was it a reasonable supposition 
 that they would pass upon the important subjects submitted to their consid- 
 eration without discussion ; and is it not reasonable now to entertain a desire 
 to know something of their action w r ithin the Chamber of the Senate, at the 
 organization of the Government, when the constitution was being put into 
 action ? 
 
 The members of the Senate were as follows : 
 
 From New Hampshire John Langdon*, Paine Wingate ; Massachusetts- 
 Caleb Strong*, Tristram Dalton; Connecticut Oliver Ellsworth*, William 
 S. Johnson* ; New York Rufus King*, Philip Schuyler ; New Jersey Wil- 
 liam Paterson*, Jonathan Elmer; Pennsylvania William Maclay, Robert 
 Morris*; Delaware Richard Bassett*, George Read*; Maryland Charles 
 Carroll, John Henry ; Virginia Richard Henry Lee, William Grayson ; 
 South Carolina Ralph Izard, Pierce Butler* ; Georgia William Few*, James 
 Gunn. 
 
 North Carolina and Rhode Island not having adopted the Constitution, had 
 no members in the Senate during the first session, but subsequently, from 
 North Carolina appeared Samuel Johnston and Benjamin Hawkins ; from 
 Rhode Island appeared Theodore Foster and Joseph Stanton ; from New Jer- 
 sey, Philemon Dickinson appeared in place of Mr. Paterson ; and from Vir- 
 ginia, James Monroe, in place of William Grayson, deceased. 
 
 Those above named marked * were members of the convention which framed 
 the constitution of the United States. 
 
 Further, it was not customary or usual in the President to visit the Senate 
 Chamber to confer with Senators relative to legislation. He visited the Cham- 
 ber in August, 1789, in relation to arrangements with northern Indians ; but 
 as to no other deliberative business before the Senate. As to the occasion of 
 his being there in August, 1789, and for further particulars on that occasion, 
 see the statement of Mr. Maclay. 
 
PREFACE. 
 
 By act of the old Congress, the first Congress under the consti- 
 tution was to convene in the city of New York on the 4th of March, 
 
 1789. A quorum of the Senate did not meet till the 6th of April, 
 on which day the election of General Washington, as President, and 
 John Adams, as Vice President, was announced, the former by an 
 unanimous vote, sixty-nine being the whole number ; Mr. Adams 
 by a plurality vote, he receiving thirty-four votes, and the residue 
 of the sixty-nine being distributed between ten other persons ; and 
 messengers were appointed to inform General Washington and Mr. 
 Adams of their election. 
 
 The names of the members at the first session of the Senate will 
 appear at the beginning of the journal. 
 
 The first Congress held three sessions. The first commenced at 
 the city of New York on the 4th of March, IT 89, and terminated 
 on the 29th of September of that year. The second one was held 
 at the same place, commencing on the first Monday of January, 
 
 1790, and terminated on the 12th day of August of that year. The 
 third session was held at Philadelphia, commencing on the first 
 Monday of December, 1790, and terminating on the 3d of Margh, 
 1791. 
 
 During those three sessions, William Maclay and Robert Morris 
 were the Senators from Pennsylvania. In the classification of the 
 Senate, William Maclay fell within the first class, his term expiring 
 on the 4th of March, 1791, and he was not reflected. His place was 
 not supplied during the first session of the second Congress, but 
 during the second session, viz : On the 28th of February, 1792, 
 Albert Gallatin was elected to fill the vacanc}-. He was sworn, and 
 took his seat, on the meeting of Congress in December, 1793, but, 
 subsequently, he was declared to be ineligible for want of citizen- 
 ship for nine years, as required by the third section of the first 
 article of the constitution, and the vacancy was not supplied until 
 James Ross was elected, the certificate of his election being sub- 
 mitted to the Senate on the 2d of April, 1794. He took his seat 
 on the 24th of that month 
 
vi PREFACE. 
 
 During the revolutionary war, the Congress sat with closed doors. 
 Such was also the case during the sessions of the convention which 
 formed our national constitution. When the first Congress held 
 under that constitution convened, the doors of the House of Repre- 
 sentatives were opened, but the Senate directed their doors to be 
 kept closed, and were closed, except during the debate on the 
 question of admitting Mr. Gallatin, when they were opened. The 
 doors of the Senate were kept closed until the year 1T94. Motions 
 to have them opened were several times made, and negatived ; but 
 on 20th of February, 1T94, it was resolved that after the end of 
 that session the galleries of the Senate should be opened whilst the 
 Senate was engaged in its legislative capacity, unless in such cases 
 as may in the opinion of the Senate require secrecy. 
 
 In December, 1858, or January, 1859, when the Senate were about 
 to remove from their old to their present Hall, Mr. Breckenridge, 
 then Yice President, delivered to it an address, in the course of 
 which he remarked, (See Congressional Globe of January 24, 1859 :) 
 "At the origin of the Government, the Senate seemed to be regarded 
 chiefly as an executive council. The President often visited the 
 Chamber, and conferred personally with this body. Most of its 
 business was transacted with closed doors, and it took comparatively 
 little part in the legislative debates. The rising and vigorous intel- 
 lects of the country sought the arena of the House of Represent- 
 atives, as the appropriate theater for the display of their powers." 
 
 It will appear hereafter that this statement was very erroneous. 
 President Washington never visited the Senate for consultation, 
 during its session, except on one occasion, that relating to a treaty 
 with southern Indians, an account of which visit will hereinafter 
 appear ; and it will also appear that important questions which 
 were debated in the House were also debated in the Senate. It was 
 not reasonable to suppose that the distinguished men who then 
 occupied positions in the Senate would suffer such important ques- 
 tions as were acted on in that body to pass without discussion. 
 Mr. Breckenridge had not the information on the subject which we 
 now possess. 
 
 Mr. Maclay, of Pennsylvania, it would appear, in part from the 
 supposition that he might be called on for information, in relation 
 to proceedings in the Senate, and quite probably in the expectation 
 that he might be a candidate for reelection, kept a journal; but it 
 was not kept with a view to its publication. From this journal it 
 appears that debates in the Senate were earnest and diffuse, refer- 
 ring, amongst other matters, to the following subjects, viz : the 
 communication between the two Houses ; the question of titles ; 
 
PREFACE. vii 
 
 the mode of voting in the Senate, whether by ballot or viva voce, 
 on nominations by the President ; whether the President had the 
 sole power to remove from office ; on the first bill imposing duties 
 on the importation of foreign goods ; the organization of the judi- 
 ciary ; the permanent seat of the General Government ; the funding 
 bill ; and other questions of national interest. Observations of Mr. 
 Maclay, and memoranda of occurrences noted by him, are inter- 
 spersed throughout the journal, which may give additional interest 
 to it. 
 
 In the third volume of the Life and Works of John Adams, 
 pages 408-413, there is a sketch of a debate in the Senate on the 
 power of removal from office, and of one on the bill relating to the 
 permanent seat of the General Government ; but they are brief and 
 of a very general character ; the name of Mr. Maclay being entirely 
 omitted in the first sketch, and but a few words being devoted to 
 him in the other. In the History of the United States, by S. C. 
 Hamilton, in note on page 560 of the third volume, is the following 
 note : "Are we," Adams observed in the Senate, " the two kings of 
 Sparta, the two consuls of Rome, or the two suffetes of Carthage ?' 
 The compiler of this volume made several efforts to ascertain from 
 what source these remarks were obtained, but without effect. 
 
 The Writer of the Journal. 
 
 Mr. Maclay is not as generally known throughout Pennsylvania 
 as he should be. In Lauman's Biography of Members of the U. S. 
 Senate, he is briefly noticed as follows : " He was a Senator in Con- 
 gress from Pennsylvania, from 1789 to 1791. In 1797 he was a 
 presidential elector, and was one of those who voted for locating 
 the seat of government on the Potomac." 
 
 The following remarks, together with his journal, will give him 
 wider celebrity : He was a native of Franklin county, in this State, 
 was born on the 20th of July, 1737, and was of Scotch-Irish descent. 
 He was the son of Charles Maclay, who, with his brother, John 
 Maclay, emigrated from the north of Ireland, and settled in Frank- 
 lin county, Pennsylvania. One of the family was killed in the battle 
 of the Boyne, fighting on the side of King James. The grandfather 
 and father of William Maclay were Protestants ; and he was a Pres- 
 byterian. He was married to a daughter of John Harris, the founder 
 of Ilarrisburg, and in the latter part of his life resided within the 
 present limits of Ilarrisburg, where he built the stone house on 
 Front street, on or near the lower line of his propert} T . He died 
 in the year 1804. He was, in early life, a member of the bar, having 
 been admitted to the bar in York county, in April, I860, though he 
 
viii PREFACE. 
 
 probably never practiced in that county ; and it appears, from a 
 letter of John Penn, in 1763, that Mr. Maclay had practiced law, 
 and had acted for the prothonotary, in Cumberland county. The 
 court-house in Carlisle having been burned, information as to his 
 admission to the bar of that county, and practice there, cannot be 
 obtained. Mr. Maclay was also a surveyor; and in the year IT 63 
 he visited England, and had an interview with Thomas Penn, one 
 of the proprietaries of the Province, relative to employment in 
 making surveys in middle and northern Pennsylvania. 
 
 The county of Northumberland, in Pennsylvania, was organized 
 in 1772, and in March, 1712, he was appointed, with William Plunket, 
 to whom he was related through marriage, to administer the oaths 
 of office to the judges and other officers in that coimly ; and in the 
 same year he was appointed by Richard Penn, acting under a com- 
 mission from Thomas and John Penn, the proprietaries, clerk of the 
 sessions of that county, and also register for the probate of wills 
 in that county. He also had an appointment as deputy survej^or 
 of lands within the Indian purchase of 1754; and in 1785 he was 
 appointed by John Lukens, Surveyor General, deputy surveyor of 
 lands then lately purchased from the Indians, in the district extend- 
 ing from the upper end of the first narrows on Lycoming creek, to 
 the northern boundary of the State of Pennsylvania. As to his 
 character as a surveyor, Judge Huston, one of the judges of the 
 Supreme Court of Pennsylvania, in his book on the history and 
 nature of land titles in Pennsylvania, remarks that when he was 
 admitted to the bar, which was in 1795, no law book of decisions 
 of the courts in this State had been published, except the first vol- 
 ume of Dallas' Reports ; that he became acquainted with several 
 persons who had been deputy surveyors, both under the proprietary 
 and State government, and he mentions, particularly, William Maclay, 
 from whom he observes that he acquired more information in rela- 
 tion to land titles than from any other one, perhaps, from all others 
 whom he had previously consulted. As to his character as a man, 
 I have a paper signed by several aged citizens of Harrisburg, who 
 state that they were personally acquainted with William Macla}^ 
 then of Harrisburg, who had been a member of the first Senate of 
 the United States, and that, " from the high character for intelligence 
 and integrity which he possessed in this community, we consider 
 that any statement as to fact on his journal, kept whilst he was a 
 member of the first Senate of the United States, and made on his 
 own observation and knowledge, is entitled to credit." 
 
 Mr. Maclay was a member of the State Legislature in 1781, and 
 in September, 1788, was elected a Senator of the United States, in 
 
PREFACE. ix 
 
 conjunction with Robert Morris. After the expiration of his terra 
 in the Senate, viz : in the year 1795-6, he was member of the Penn- 
 sylvania House of Representatives, and was again elected in 1803. 
 He was a presidential elector in 1796, and in 1801-2-3, he was an 
 associate judge of Dauphin county. 
 
 It also appears that in the } r ear 1758 he served as lieutenant in 
 the company of Captain John Montgomery, in an expedition to re- 
 cover Fort Duquesne, at the present site of Pittsburgh ; but the 
 enemy had left before the troops arrived there. , 
 
 Mr. Maclay was a man of strict integrity, of positive opinions ; 
 having implicit confidence in his own honesty and judgment, he was 
 inclined to be suspicious of the integrity of others, whose senti- 
 ments or action in matters of importance, differed from his own, 
 and his journal is evidence of the strength of his intellect. Various 
 of his opinions on public matters agitated in his day, would not be 
 approved of now ; and if he were now alive, enjoying the lights of 
 our experience, it is probable would not be entertained by him. 
 But it will be seen, in the course of his journal, that he had the 
 manliness and honesty to express them, at the hazard of his influ- 
 ence and popularity, a virtue not possessed by all of the public men 
 of .our day. 
 
 As respects his personal appearance, Mr. Maclay is said to have 
 been six feet three inches in height, and stout and muscular. His 
 complexion was light, and his hair, in middle age, appears to have 
 been brown, and was worn tied behind, or clubbed. On the first 
 page of a book of surveys of land belonging to him, of which he 
 had large bodies, is a statement of his marriage, and of the dates 
 of the birth of his children, which terminates in the following beauti- 
 ful expression : " As to our three dear, departed babes, Faith, Hope, 
 and Charity, too, must conspire to place them in celestial mansions, 
 and their names, of course, will be found in the registry of 
 Heaven." 
 
 He was in advance of public sentiment in Pennsylvania, on th e 
 subject of imprisonment for debt, an essay, by him, in favor of its 
 abolition, being left among his papers. 
 
 He was very decidedly opposed to bestowing on the President 
 and Vice President, any other title than that given in the Consti- 
 tution. 
 
 The matter of titles was suggested b} T Mr. Adams, on the second 
 day after his installation. Mr. Maclay attacked the proposition at 
 once, resting his objections on the Constitution. lie was instru- 
 mental in defeating the measure in the House, which, after deciding 
 against titles, addressed the President, as suggested by Mr. Maclay, 
 
x PREFACE. 
 
 by his constitutional title. Thus, in effect, settling the question 
 between the Houses, as the Senate at length pursued the same 
 course. 
 
 It is intimated in the life of General Peter Muhlenberg, pages 
 315-318, that General Washington was in favor of an additional 
 title to be bestowed on the President, and that he was supposed to 
 favor that of High Mightiness, a title applied to the Stadtholders 
 of Holland. This opinion of Mr. Muhlenburg, was grounded merely 
 on an inference on his part ; for on the occasion referred to, Gen- 
 eral Washington expressed no opinion on the subject. In a letter 
 of General Washington's, to Doctor Stuart, of Yirginia, written in 
 July, 1189, and published in the tenth volume of Sparks' publica- 
 tions, it is stated by him that he was opposed to an additional title ; 
 and he further stated that the truth is, the question was moved be- 
 fore I arrived, (at New York,) without any privity or knowledge 
 on my part, and urged, after I was apprised of it, contrary to my 
 opinion. (See note as to his letter.) 
 
 In the fourth volume of the life of Washington, by Washington 
 Irving, it is stated that Washington was opposed to conferring on 
 the President an additional title ; but it is added, that the inaugu- 
 ration was delayed on account of the difficulty or contention on the 
 subject. This is a mistake. See the subject of titles treated of in 
 the journal. 
 
 It may be remarked that the letter of Mr. Adams, written in 
 January, 1192, and printed in the eighth volume of his works 
 pages 512-13, presents but a partial view of his course on the sub- 
 ject of titles. It does not appear that the opinion of General 
 Washington in opposition to titles was generally known in the Sen- 
 ate whilst the matter was pending before the Senate ; for after the 
 debate in that body was concluded, Mr. Maclay made a memoran- 
 dum to the effect that he had endeavored to ascertain the sentiments 
 of the President on the subject, but had not succeeded. 
 
 Mr. Maclay felt a strong desire to have the seat of government 
 on the Susquehanna. This measure appears to have failed in the 
 
 NOTE. It is to be lamented that he (meaning Mr. Adams) and some others 
 have stirred a question which has given rise to so much animadversion, and 
 which, I confess, has given me much uneasiness, lest it should be supposed 
 by some, unacquainted with facts, that the object they had in view was 
 not displeasing to me. The truth is, the question was moved before I arrived, 
 without any privity or knowledge of it on my part, and urged, after I was 
 apprized of it, contrary to my opinion ; for I foresaw and predicted the re- 
 ception it has met with, and the use that would be made of it by the adver- 
 saries of the Government. Happily, this matter is now done with, I hope 
 never to be revived. 
 
PREFACE. xi 
 
 Senate by reason of opposition by Robert Morris. lie was at first 
 desirous for its location at the Falls of the Delaware ; but failing in 
 that, he endeavored to have it established in a district around Ger- 
 mantown, contending that it ought to be near to a commercial place. 
 The Susquehanna measure passed the House of Representatives 
 and was agreed to in the Senate, but Germantown was afterwards 
 substituted in the Senate, through the pertinaceous efforts of Mr. 
 Morris. It was agreed to in the House, but at the instance of Mr. 
 Madison an amendment, perhaps immaterial, was made in the House, 
 providing for the operation of the laws of Pennsylvania in the dis- 
 trict until supplied or altered by Congress. This amendment ren- 
 dered necessary the return of the bill to the Senate, where, it would 
 appear, there was a majority opposed to Germantown; and on the 
 28th of September, 1789, the bill was postponed. 
 
 In relation to this measure, Mr. Macla} r raised his warning voice 
 against yielding the Susquehanna, intimating that at the next ses- 
 sion of Congress the seat of government would be fixed on the 
 Potomac. His voice was prophetic ; and at the next session, through 
 an arrangement between Mr. Hamilton and certain members from 
 Virginia and Pennsylvania, the funding bill was passed, and also 
 the bill fixing the permanent seat of government in the District of 
 Columbia. It does not certainly appear from the journal of Mr. 
 Maclay that General Washington, as has been elsewhere intimated, 
 interposed his influence in favor of the Potomac whilst the bill was 
 pending before the first Congress ; but it is not improbable that he 
 expressed a preference for its location on the Potomac during the 
 second session. Mr. Madison, however, appears to have been decided 
 in favor of its location on the Potomac, before General Washington 
 was inaugurated. In relation to members from Pennsylvania sup- 
 porting the measure which passed for the removal from New York, 
 it was said that certain of them supposed it probable, if the 
 Government were settled at Philadelphia for the period of ten 
 years, that Congress would be so pleased with the city as to be 
 disinclined to remove from it. It may also be remarked that if 
 Mr. Morris had acceded to the vote in favor of locating the seat of 
 Government on the Susquehanna, after the designating of that 
 position by a majority vote in both Houses, it would probably have 
 received the official approval of the President. And if Mr. Maclay 
 had agreed to Germantown as its seat, it might have been carried 
 by his vote and influence after the return of the bill, with the amend- 
 ment made on motion of Mr. Madison. Thus it is probable that 
 Pennsylvania lost the permanent seat through the disagreement 
 between her Senators. Harrisburg was not formally proposed in 
 
xii PREFACE. 
 
 the Senate as the permanent seat by Mr. Macla} r , but it was most 
 probably much desired by him for its position, he having there 
 about one hundred and eighty acres of land, on part of which the 
 present State Capitol is now built. 
 
 The first bill passed by the Senate related to the administration 
 of oaths. 
 
 The second bill introduced into Congress was a bill for levying 
 imposts on imported goods. It is stated by Mr. Benton, in his 
 abridgment of the debates of Congress, that Congress in its passage 
 of that act had no positive reference to the encouragement of do- 
 mestic manufactures ; that the object of Congress was revenue 
 only, and that the encouragement of manufactures was merely in- 
 cidental to the revenue object. Let the matter be examined. The 
 subject of the collection of duties on foreign importations was in- 
 troduced into the House of Representatives by Mr. Madison on the 
 8th of April, 1189. The bill eventually agreed on was passed in the 
 House on the 16th of May, and was received in the Senate on the 
 18th of that month, and was passed by that body on the llth of June, 
 with amendments. Under that date, after the action of the Senate 
 on that bill, Mr. Maclay made the following memorandum : " The 
 Senators from Jersey, Pennsylvania, Delaware, and Maryland in 
 every act seemed desirous of making the impost productive, both 
 as to revenue and effective /or the encouragement of manufactures; 
 and seemed to consider the whole of the impost (salt excepted) 
 much too low. Articles of luxury many of them would have raised 
 one half. But the members both from the North and still more 
 particularly from the South, were ever in a flame when any articles 
 were brought forward that were in any considerable use among 
 them." 
 
 It will also appear from the extract of debates in the House of 
 Representatives that a majority of the House were favorable to the 
 encouragement and protection of such establishments. 
 
 As to Protection. 
 
 On the 8th April, IT 89, Mr. Madison introduced into the House 
 of Representatives a proposition declaring it as the opinion of the 
 Committee of the Whole that duties should be laid on certain im- 
 portations, viz : On rum and other spirituous liquors ; on molasses; 
 on wines, a specific duty per gallon ; on teas ; on pepper ; on sugar ; 
 on cocoa and coffee, a specific duty per pound ; and on all other 
 articles a per centum duty on their value at the time and place of 
 importation. 
 
PREFACE. xiii 
 
 The object of the measure was revenue only, and it was to be of 
 a merely temporary character, and was intended to affect the spring 
 importations. 
 
 After he and others had addressed the House, Mr. Fitzsimmons, 
 of Pennsylvania, remarked that he observed from what had been 
 said that the proposed plan of revenue is viewed by them as a tem- 
 porary system, to be continued only until proper materials are 
 brought forward, and arranged in more perfect form. But that he 
 carried his views on the subject much further, and earnestly wished 
 such a one as, in its operation, would be in some way adequate to 
 the present situation as respects our agriculture , our manufactures, 
 and our commerce. lie offered an amendment that duties ought to 
 be imposed on certain enumerated articles, including beer, ale, porter, 
 steel, writing and wrapping paper, castings of iron, and on slit or 
 rolled iron. 
 
 After others had spoken, Mr. Madison remarked that from what 
 had been suggested he was led to apprehend that they should be 
 under the necessity of traveling further into the investigation of 
 principles than he had supposed to be necessary, and had in con- 
 templation, when he offered the propositions to the House 
 
 He perceived that however much we may be disposed to promote 
 domestic manufactures, we ought to pay some regard to the present 
 policy of obtaining revenue. It may be remarked, also, that by fix- 
 ing on a temporary expedient for this purpose, we may gain more 
 than we shall lose by suspending the consideration of the other 
 subjects until we obtain fuller information of the state of our man- 
 ufactures. He further remarked that notwithstanding the deference 
 and respect paid to the interests of different sections of the United 
 States, we must limit our consideration on this head, and consider 
 the general interest of the Union, for this is as much every gentle- 
 man's interest to consider as is the local or State interest ; and any 
 system of impost that this committee may adopt must be founded 
 on the principles of mutual concession. Gentlemen will be pleased 
 to recollect that those parts of the Union which contribute more 
 under one system than the others, are also those parts more thinly 
 planted, and consequently stand more in need of national protec- 
 tion. He further observed that there is another consideration. The 
 States that are most advanced in population, and ripe for manufac- 
 tures, ought to have their particular interests attended to, in some 
 degree. While these States retained the power of making regula- 
 tions of trade, they had the power to protect and cherish such in. 
 stitutions. By adopting the present constitution, they have thrown 
 the exercise of this power into other hands. They must have done 
 
xiv PREFACE. 
 
 this with an expectation that those interests would not be neglected 
 here. 
 
 In the course of the proceeding on the bill, Mr. Lee, of Yirginia, 
 moved to strike out the proposed duty on steel ; observing that the 
 consumption was very great, and essentially necessary to agricul- 
 tural improvements. 
 
 Mr. Tucker, of South Carolina, joined in this. 
 
 Mr. Clymer, of Pennsylvania, replied that the manufacture of 
 steel in America was rather in its infancy ; but as all the materials 
 necessary to make it were the produce of almost every State in the 
 Union, and as the manufacture was already established and attended 
 with considerable success, he deemed it prudent to emancipate our 
 country from the manacles in which she was held by foreign manu- 
 facturers. 
 
 Mr. Madison thought the object of selecting this article to be 
 solely the encouragement of manufacture, and not revenue ; for on 
 any other consideration it would be more proper, as observed by 
 the gentleman from Carolina, Mr. Tucker, to give a bounty on the 
 importation. He thought it best to reserve this article to the non- 
 enumerated ones, where it would be subject to a five per cent, ad 
 valorem. 
 
 Mr. Fitzsimmons thought if gentlemen would not get rid of local 
 considerations, the committee would make little progress, &c. The 
 matter was further debated. 
 
 Mr. Moore, from Virginia, declared the southern States well cal- 
 culated for the cultivation of hemp, and from certain circumstances 
 well inclined thereto. He conceived it the duty of the committee 
 to pay as much respect to the encouragement and protection of 
 husbandry, (the most important of all the interests of the United 
 States,) as they did" to manufactures. 
 
 Next, Mr. Burke, of South Carolina, thought it proper to suggest 
 to the committee what might be the probable effect of the proposed 
 measure in the State he represented, and the adjoining one Georgia. 
 The staple products of that part of the Union were hardly worth 
 cultivating, on account of their fall in price. The planters were, 
 therefore, disposed to pursue some other. The lands are certainly 
 well adapted to the growth of hemp, and he had no doubt but its 
 culture would be practiced with attention. Cotton is likewise in 
 contemplation among them ; and if good seed could be procured, he 
 hoped it might succeed. But the low, strong, rich lands would pro- 
 duce hemp in abundance many thousand tons even this year, if it 
 was not so late in the season. He liked the idea of laying a low 
 duty now, and encouraged against the time when a supply might be 
 had from our own cultivation. 
 
PREFACE. xv 
 
 A duty of six cents was imposed on manufactured tobacco. 
 This was on motion of Mr. Sherman , who said he thought the duty 
 ought to amount to a prohibition. On cotton a duty of three cents 
 a pound was laid, and on coal a duty of two cents a bushel was im- 
 posed. Mr. Bland, of Virginia, had moved three cents, observing 
 that the mines open in Virginia were capable of supplying the 
 whole United States, and if some restraint were laid upon the im- 
 portation of foreign coal these mines might be worked to advan- 
 tage. He thought it needless to insist upon the advantages result- 
 ing from a colliery as a supply for culinary and mechanical pur- 
 poses, and as a nursery to train up seamen for a navy. 
 
 In debate on May 12, 1T89, (See Annals of Congress, vol. I, p. 
 345,) in the discussion relative to the duty on molasses, Mr. Madi- 
 son remarked that the long list of enumerated articles subject to 
 a high duty were pretty generally for the benefit of the manufac- 
 turing part of the northern community. See loaf sugar, candles, 
 cheese, &c. He hoped gentlemen would not infer from this obser- 
 vation that he thought the encouragement held out by the bill to 
 the manufacturers improper. Far from it; he was glad to see 
 their growing consequence, and was disposed to give them every 
 aid in his power. From this view of the subject, he was inclined 
 to adhere to the bill, and not make any reduction. 
 
 It thus appears that duties were laid on importations of steel, hemp, 
 tobacco, and coal, for the purpose of encouraging their manufacture 
 and production in this country ; and as to the action or opinion of 
 Senators, reference is made to the remarks of Mr. Maclay, before 
 quoted. And it may be remarked that it is declared in the pre- 
 amble to the act, that " it is necessary for the support of Govern- 
 ment, for the discharge of tjie'debts of the United States, and the 
 encouragement and protection of manufactures, that duties be 
 laid on goods, wares, and merchandise imported." See second vol. 
 Annals of Congress, p. 2183. 
 
 It may be further remarked that certain usages practiced in the 
 early life of the Government, have been changed. During the ad- 
 ministration of Washington and of Mr. Adams, the President de- 
 livered his message in person, in the presence of Congress, and 
 members of each of the Houses returned its address by waiting 
 on the President in carriages. This practice was spoken against by 
 Mr. Maclay, and it is now discontinued. The message of the Presi- 
 dent is sent to Congress, and referred to committees. 
 
 The constitution providing that Congress shall have power " to 
 lay and collect taxes, duties, imposts, and excises to pay the debts 
 and provide for the common defense and general welfare of the 
 
xvi PREFACE. 
 
 United States," a question has arisen whether Congress had the 
 power to appropriate portions of the money thus collected to pro- 
 mote what, in the discretion of Congress, was considered the promo- 
 tion of the general welfare. 
 
 Mr. Hamilton supported the affirmative of the proposition in his 
 celebrated report on manufactures, submitted to the House of Rep- 
 resentatives, in December, 1791. See Annals of Congress. This view 
 was earnestly combatted by Mr. Jefferson. 
 
 Mr. Bayard, of Delaware, in April, 1874, called the same clause 
 into requisition in support of an appropriation by Congress for the 
 Centennial Exhibition, in which he declared that the preamble to 
 the Constitution declares that "to provide for the common defense 
 and general welfare," was one of the objects of creating the Gov- 
 ernment ; that he considered that the plain words of the clause should 
 not be stripped of all natural meaning, and denied all effect ; but 
 that they do contain a grant of power, and impose the duty of its 
 execution not an unlimited, distinct, independent power, but like 
 all other grants in the Constitution a qualified power, checked and 
 balanced by other provisions, together with which it is to be con- 
 strued. 
 
 Mr. Thurman combatted this construction of the constitution, 
 but the Senate passed a bill for an advance of money in support of 
 the exhibition, with a provision that the amount of the appropria- 
 tion or a portion of it, be returned to the national treasury. 
 
 In the preamble to the constitution it is declared that " We, the 
 people of the United States, in order to form a more perfect union, 
 establish justice, insure domestic tranquillity, provide for the com- 
 mon defense, promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain and establish 
 this constitution for the United States of America." 
 
 Whilst politicians have been contending as to whether the Con- 
 stitution authorized the Government to sustain and protect domestic 
 manufactures, the people of the north and western part of the Union 
 have, under the influence of their good sense and energies, and! the 
 protection actually afforded to them, made our country distinguished 
 amongst the nations of the earth for its manufacturing operations, 
 and made it ready to contend with other nations in that great and 
 diversified department ; whilst the southern section of the country, 
 confining itself to one branch of industry, has fallen to the rear in 
 point of prosperity and material advancement. 
 
 But a little over a century of time has elapsed since our nation, 
 as such, began its existence. After the revolutionary war, when its 
 national existence was acknowledged, it started with a population 
 
PREFACE. xvii 
 
 of about three millions, and a debt about eighty. The amount of 
 this debt excited the fears of many ; but the nation has since mas- 
 tered a debt of over three thousand millions of dollars, and its 
 population has increased to over forty millions. Our national 
 boundaries, in revolutionary times, did not reach westward to the 
 Father of Waters. Now they have ascended that stream above two 
 thousand miles have crossed the great mountain barrier, and been 
 stopped only by the ocean in their march towards the setting sun, 
 and our people are there, in position to enter into communication 
 with the immense population of the eastern part of the world. 
 " Our country a Hercules in its infancy! " who could have fore- 
 told so speedy a manhood. Our national progress, moreover, is not 
 marked, as has been the course of other nations, by ravage or deso- 
 lation; but has been attended with the olive branch of peace and 
 kindness, with the offer to share with ourselves in all the privileges 
 afforded by our Government, which we ourselves enjoy, and with 
 the right essential to their comfort, to regulate their local interests 
 in their own way. Let England and other nations take heed of our 
 example, and treat their subordinate or dependent dominions in the 
 same way. 
 
 As to Cotton. 
 
 In 1784 an American ship landed eight bags of cotton at Liver- 
 pool, and the custom-house officers seized them on the ground that 
 cotton was not a product of the United States. Fifty years later 
 (in 1832) England received two hundred and twenty million pounds 
 of cotton from America. 
 
 In Relation to the Matter of Titles. 
 
 Mr. Macla}^ has elsewhere remarked : I, however, will endeavor 
 (as I have hitherto done) to use the resentment of the Represent- 
 atives to defeat Mr. Adams, &c., on the subject of titles. The pomp- 
 ous and lordly distinctions which the Senate have manifested a dis- 
 position to establish between the two Houses has nettled the Repre 
 sentatives ; and this business of titles may be considered as part of 
 the same tune. While we are debating on titles, I will, through the 
 Speaker, Muhlenberg, and other friends, get the idea suggested of 
 answering the President's address without any title, in contempt of 
 our deliberations which still continue on that subject. This once 
 effected, will confound them completely, and establish a precedent 
 they will not dare to violate. (See postea, p. 46.) 
 
Of THE 
 
 UNIVERSITY 
 
 OF 
 
 SKETCHES OF DEBATES. 
 
 By an act of Congress of 13th September, 1 788, electors of Presi- 
 dent and Vice President were to be selected on the first Wednesday 
 of January, 1789, and to give their votes on the first Wednesday of 
 February. The first Wednesday of March, 1789, being the 4th day 
 of March, was fixed upon as the time, and the city of New York as 
 the place, for commencing proceedings under the Constitution. The 
 ratification of the Constitution by New Hampshire was the ninth in 
 order, and a committee of arrangements was appointed for carrying 
 the new system into operation. 
 
 A quorum of the House of Representatives was not formed till 
 the 1st of April, 1789, and of the Senate not until the 6th. 
 
 The members of the Senate were as follows : 
 
 New Hampshire John Langdon*, Paine Wingate. 
 
 Massachusetts Caleb Strong*, Tristram Dalton. 
 
 Connecticut Oliver Ellsworth*, William S. Johnson*. 
 
 New York Rtifus King*, Philip Schuyler. 
 
 New Jersey William Paterson*, Jonathan Elmer. 
 
 Pennsylvania William Maclay, Robert Morris.* 
 
 Delaware Richard Bassett*, George Read.* 
 
 Maryland Charles Carroll, John Henry. 
 
 Virginia Richard Henry Lee, William Grayson. 
 
 South Carolina Ralph Izard, Pierce Butler.* 
 
 Georgia William Few*, James Gunn. 
 
 North Carolina and Rhode Island not having adopted the Con- 
 stitution, had no members in the Senate during its first session. 
 
 On the day on which the Senate was organized by the members 
 from eleven States, the election of General Washington as President, 
 and of John Adams as Vice President, was announced, the former by 
 :ui unanimous vote, sixty-nine being the whole number; Mr. Adams 
 by a plurality vote, he receiving thirty-four votes, the residue of the 
 votes being distributed between ten other persons ; and messengers 
 
 * Those whose names are marked * were members of the convention which 
 framed the Constitution of the United States. 
 
2 SKETCHES OF DEBATES 
 
 were appointed to notify them of their election, Charles Thompson 
 being sent to inform General Washington, and Sylvanus Bourn to 
 notify Mr. Adams. 
 
 On the 8th of April, Samuel Alyne Otis was elected Secretary of 
 the Senate. 
 
 It was subsequently determined that the terms for which the Pres- 
 ident, Yice President, and Senators were respectively chosen, did, 
 according to the Constitution, commence on the 4th of March, 1789. 
 
 The Senators were classified into three classes one class to hold 
 for two years, one for four years, and the other for six years ; and 
 on the 15th of May the classes were determined by lot. In the first 
 class, fell William Maclay, the compiler of the subsequent journal, 
 and his term expired on the 4th of March, 1*791. 
 
 It was also determined that whenever a vacancy shall happen in 
 the Senate or House of Representatives, and an election be held to 
 fill the vacancy, the person elected shall not be entitled to hold his 
 seat beyond the term for which the Senator or Representative, in 
 whose stead he was elected, would, if the vacancy had not happened, 
 have been entitled to hold a seat. 
 
 The Mayor of the city of New York offered the City Hall as the 
 place of meeting of the Senate, and it was accepted. On the 16th of 
 April, on the part of the Senate, Mr. Langdon, Mr. Carroll, and Mr. 
 Johnson were appointed to wait on the President, and Mr. Ellsworth 
 and Mr. Dalton to wait on the Yice President. A committee was 
 appointed to report on the mode of communication between the two 
 Houses, and to confer with such committee as may be appointed by 
 the House for the purpose. 
 
 In relation to the installation of the Vice President, the Senate 
 Journal of April 21, is as follows : 
 
 The committee appointed to conduct the Yice President to the 
 Senate Chamber, executed their commission, and Mr. Langdon, the 
 Vice President pro tempore, meeting the Yice President on the floor 
 of the Senate Chamber, addressed him as follows : 
 
 SIR : I have it in charge from the Senate, to introduce you to the 
 chair of this House ; and also to congratulate you on your appoint- 
 ment to the office of Yice President of the United States of America. 
 
 After which Mr. Langdon conducted the Yice President to the 
 chair, when the Yice President addressed the Senate as follows : 
 
 GENTLEMEN OF THE SENATE : Invited to this respectable situation 
 by the suffrages of our fellow-citizens, according to the Constitu- 
 tion,! have thought it my duty, cheerfully and readily, to accept it. 
 Unaccustomed to refuse any public service, however dangerous to 
 my reputation, or disproportioned to my talents, it would have been 
 
I N THE FIRST SENATE OK THE UNITED STATI B 
 
 inconsistent to have adopted another maxim of conduct at this time, 
 when the prosperity of the country and the liberties of the people 
 require, perhaps, as much as ever, the attention of those who possess 
 any share of the public confidence. 
 
 I should be destitute of sensibility, if, upon my arrival in this 
 city, and presentation to this Legislature, and especially to this Sen- 
 ate, I could see, without emotion, so many of those characters of 
 whose virtuous exertions I have so often been a witness; from whose 
 countenances and examples I have ever derived encouragement and 
 animation ; whose disinterested friendship has supported me in many 
 interesting conjunctures of public affairs, at home and abroad ; those 
 celebrated defenders of the liberties of this country, whom menaces 
 could not intimidate, corruption seduce, or flattery allure ; those in- 
 trepid assertors of the rights of mankind, whose philosophy and 
 policy have enlightened the world in twenty years more than it was 
 ever before enlightened in many centuries by ancient schools or mod- 
 ern universities. 
 
 I must have been inattentive to the course of events, if I were ig- 
 norant of the fame, or insensible to the merit of those other charac- 
 ters in the Senate to whom it has been my misfortune to have been 
 hitherto personally unknown. 
 
 It is with satisfaction that I congratulate the people of America on 
 the formation of a National Constitution, and the fair prospect of 
 a consistent administration of a government of laws ; on the ac- 
 quisition of a House of Representatives chosen by themselves , of a 
 Senate thus composed by their own State Legislatures , and on the 
 prospect of an executive authority in the hands of one whose por- 
 trait I shall not presume to draw. Were I blessed with powers to do 
 justice to his character, it would be impossible to increase the con- 
 fidence or affection of his country, or make the smallest addition to 
 his glory. This can only be effected by a discharge of the present 
 exalted trust on the same principles, with the same abilities and 
 virtues, which have uniformly appeared in all his former conduct, 
 public or private. 
 
 May I, nevertheless, be indulged to inquire, if we look over the 
 rnt.ilogue of the iirst magistrates of nations, whet her they have been 
 denominated presidents or consuls, kings or princes, where shall we 
 find one whose commanding talents and virtues, whose overruling 
 good fortune, have so completely united all hearts and voices in his 
 favor, who enjoyed the esteem and admiration of foreign nations 
 and fellow-citizens with equal unanimity ? Qualities so uncommon 
 are no common blessings to the country that possesses them. By 
 those great qualities and their benign effects, has Providence marked 
 
4 SKETCHES OF DEBATES 
 
 out the head of the nation, with a hand so distinctly visible as to 
 have been seen by all men, and mistaken by none. 
 
 It is not for me to interrupt your deliberations by any general 
 observations on the state of the nation, or by recommending or pro- 
 posing any particular measure. It would be superfluous to gentle- 
 men of your great experience, to urge the necessity of order. It is 
 only necessary to make an apology for myself. Not wholly without 
 experience in public assemblies, I have been more accustomed to 
 take a share in their debates, than to preside in their deliberations, 
 It shall be my constant endeavor to behave toward every member 
 of this most- honorable body with all that consideration, delicacy, 
 and decorum, which becomes the dignity of his station and charac- 
 ter , but if, from inexperience or inadvertency, anything should ever 
 escape me inconsistent with propriety, I must entreat you, by im- 
 puting it to its true cause, and not to any want of respect, to pardon 
 and excuse it. 
 
 A trust of the greatest magnitude is committed to this Legisla- 
 ture ; and the eyes of the world are upon you. Your country 
 expects from the results of your deliberations, in concurrence with 
 the other branches of Government, consideration abroad, and con- 
 tentment at home prosperity, order, justice, peace, and liberty. 
 And may God Almighty's providence assist you to answer their 
 just expectations. 
 
 On the 23d of April the committee, who consisted of Mr. Strong, 
 Mr. Izard, and Mr. Lee, appointed on the 16th to report a mode of 
 communication between the two Houses with respect to papers, bills, 
 and messages, reported that they had conferred with a committee 
 of the House, and had agreed to the following report : 
 
 When a bill or other message shall be sent from the Senate to the 
 House of Representatives, it shall be carried by the Secretary, who 
 shall make one obeisance to the Chair on entering the door of the 
 House of Representatives, and another on delivering it at the table 
 into the hands of the Speaker. After he shall have delivered it, he 
 shall make an obeisance to the Speaker, and repeat it as he retires 
 from the House. 
 
 When a bill shall be sent up by the House of Representatives to 
 the Senate, it shall be carried by two members, who, at the bar of 
 the Senate, shall make their obeisance to the President, and thence, 
 advancing to the Chair, make a second obeisance, and deliver it into 
 the hands of the President. After having delivered the bill they 
 shall make their obeisance to the President, and repeat it as they 
 retire from the bar. The Senate shall rise on the entrance of the 
 members within the bar, and continue standing until they retire. 
 
IN TIN-: FIIJST SKNATK OF THK UNITKD STATKS. 5 
 
 All other messages from the House of Representatives shall be 
 carried by one member, who shall make his obeisance, as above men- 
 tioned ; but the President of the Senate alone shall rise. 
 
 Read and accepted. 
 
 The report of the joint committee was not adopted in the House 
 of Representatives. It appears from the Journal of the House of 
 the 23d of April, that the report of the committee was ordered to 
 lie on the table, and on the 24th was recommitted to the same com- 
 mittee ; and that on the 28th of April Mr. Richard Bland Lee, from 
 that committee, reported as follows : 
 
 When a message shall be sent from the Senate to the House of 
 Representatives, it shall be announced at the door of theHouse by 
 the Doorkeeper, and shall be respectfully communicated to the Chair 
 by the person by whom it may be sent. 
 
 The same ceremony shall be observed when a message shall be 
 sent from the House of Representatives to the Senate. 
 
 Messages shall be sent by such persons as a sense of propriety 
 in each House may determine to be proper. 
 
 The said report was twice read ; and on the question put there- 
 upon, agreed to by the House. 
 
 On the 23d of April, on motion in the Senate, it was 
 
 "Resolved, That a committee, consisting of three members, be 
 appointed to consider and report what style or titles it will be proper 
 to annex to the office of President and Vice President of the United 
 States, if any other than those given in the Constitution. Also to 
 consider of the time, place, and manner in which, and the person by 
 whom the oath prescribed by the Constitution shall be administered 
 to the President, and to confer thereon with such committee as the 
 House of Representatives shall appoint for that purpose." 
 
 Mr. Lee, Mr. Izard, and Mr. Dalton were chosen. 
 
 It would appear from the memorandum of Mr. Maclay, under date 
 of the 8th May, that on the 23d of April, the day on which the reso- 
 lution on the subject of titles was proposed, Mr. Adams, the Vice 
 President, (this being the second day after his installation as Presi- 
 dent of the Senate,) addressed the Senate in favor of titles, and that 
 Mr. Maclay replied, resting his objections on the Constitution. 
 
 General Washington was met at Elizabethtown, in New Jersey, 
 on the 23d day of April, by the committees of the Senate and House, 
 and was escorted to the city of New York, where he arrived about 
 three o'clock in the afternoon of that day, and was conducted to 
 the house appointed for his residence. 
 
 On the 24th of April, the commission of the committee with regard 
 to titles was re-considered in the Senate; and a motion was made 
 
6 SKETCHES OF DEBATES 
 
 that the words " what titles it will be proper to annex to the offices 
 of President and Vice President of the United States, if any, other 
 than those given in the Constitution," be struck out ; but it was 
 negatived. On motion, the words u style or," before title, were 
 added. 
 
 On the Journal of the House of Representatives, under date of 
 April 24, it is stated, that " the Speaker laid before House a letter 
 from the Vice President of the United States, enclosing a resolution 
 of the Senate, appointing a committee to consider and report what 
 style or titles it will be proper to annex to the office of President 
 and Yice President of the United States, if any other than those 
 given in the Constitution ; also to consider of the time, place and 
 manner in which, and the person by whom the oath prescribed by 
 the Constitution shall be administered to the President ; and to con- 
 fer thereon with such committee as this House should appoint for 
 that purpose. Whereupon, ordered that a committee, to consist of 
 five members, be appointed for the purpose expressed in the reso- 
 lution of the Senate. The members elected were Messrs. Benson, 
 Ames, Madison, Carroll, and Sherman. 
 
 On the 25th the Right Reverend Samuel Provost was elected Chap- 
 lain of the Senate. 
 
 A letter from Charles Thomson, Esq., dated the 24th of April, 
 1789, directed to the President of the Senate, purporting his having 
 delivered to Gen. Washington the certificate of his being elected 
 President of the United States, was read, and ordered to be filed. 
 
 On the same day the committee appointed to consider of the time, 
 and place, and manner in which, and of the person by whom the 
 oath prescribed by the Constitution shall be administered to the 
 President of the United States, and to confer with a committee of 
 the House appointed for that purpose, report : 
 
 That the President has been pleased to signify to them, that anj^ 
 time or place which both Houses may think proper to appoint, and 
 any manner which shall appear most eligible to them, will be con- 
 venient and acceptable to him. They further reported that requisite 
 preparation cannot probably be made before Thursday next ; that 
 the President be, on that day, formally received by both Houses in 
 the Senate chamber ; that the Representatives' chamber being capa- 
 ble of receiving the greater number of persons, that, therefore, the 
 President do take the oath in that place, and in the presence of both 
 Houses. That after the formal reeception of the President in the 
 Senate chamber, he be attended by both Houses to the Represent- 
 atives' chamber, and that the oath be administered by the chancel- 
 lor of the State of New York. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 7 
 
 The committee further report it, as their opinion, that it will be 
 proper that a committee of both Houses be appointed to take order 
 for conducting the business. This was read and accepted. Where- 
 upon Mr. Lee, Mr. Izard, and Mr. Dalton,on the part of the Senate, 
 together with a committee that may be appointed on the part of the 
 House of Representatives, were empowered to take order for con- 
 ducting the business. 
 
 On the same day was read an order of the House of Representa- 
 tives, concurring in the appointment of a committee on their part, 
 to confer with a committee appointed on the 24th instant, on the part 
 of the Senate, to consider and report " what style, &c., it will be 
 proper to annex to the offices of President and Vice President." 
 From it it appeared, as before stated, that Mr. Benson, Mr. Ames, 
 Mr. Madison, Mr. Carroll, and Mr. Sherman were appointed on the 
 part of the House. 
 
 On the Senate Journal, under date of Monday, April 27, it is 
 stated that " the committee appointed to take order for conducting 
 the ceremonial of the formal reception, &c., of the President, re- 
 ported : 
 
 " That it appears to them more eligible that the oath should be ad- 
 ministered to the President in the outer gallery, adjoining the Sen- 
 ate chamber, than in the Representatives' chamber ; and, therefore, 
 submit to the respective houses the propriety of authorizing their 
 committee to take order as to the place where the oath shall be ad- 
 ministered to the President, the resolution of Saturda}^ assigning 
 the Representatives' chamber as the place, notwithstanding. Read 
 and accepted. 
 
 "Resolved, That after the oath shall have been administered to the 
 President, he, attended by the Vice President and members of the 
 Senate and House of Representatives, proceed to St. Paul's Chapel, 
 to hear divine service, to be performed by the Chaplain of Congress, 
 already appointed. Sent to the House of Representatives for con- 
 currence." 
 
 Before proceeding further, we remark that on the 5th of March, 
 1789, the General Assembly of Pennsylvania passed resolutions 
 offering the use of the public buildings in the city of Philadelphia, 
 for the temporary use of Congress ; and that a design existed with 
 some members of Congress to make an early effort to remove the 
 Congress from New York to Philadelphia, which effort, however, 
 failed, as stated in the following extract of a letter dated New York, 
 16th April, 1789, addressed by William Maclay to Judge Peters, of 
 Philadelphia, viz : 
 
 "DEAR SIR: I have received yours of the 12th, and will, with 
 
8 SKETCHES OF DEBATES 
 
 my own hand, deliver Mr. Adams' letter, as he is now expected daily. 
 The messenger that went for him took a passage by water, and was at 
 Rhode Island in nineteen hours ; so that in all probability Mr. Adams 
 received official information of his election in two days after the bal- 
 lots were opened. Fortune has now fixed us here for the present 
 session. The Romans, you know, made a goddess of her ; and al- 
 though she is not now worshiped, yet her power seems not to be 
 diminished. The critical moment to have been embraced, was just 
 after the ballots were opened, and before the messengers were sent 
 off for the President and Yice President. An adjournment to Phila- 
 delphia was the point to be carried. What we most wanted was a 
 bold, determined leader in the lower House, of a different State from 
 our own. We wanted to make Madison the man, but his darling 
 Potomac kept uppermost with him, in spite of all our efforts. We 
 greatly regretted the absence of Fitzsimmons. 
 
 On the other hand, not greater consternation seized the city when 
 the British left them. Beaux, belles, macaronis, clergy, and all, went 
 to work, and such a running from house to house was hardly ever 
 heard of. Our friends of New England gave way, and declared for 
 removal to the permanent residence only. In the meanwhile the 
 irrevocable hour was passed, the messengers were sent off, and our 
 scheme sunk in abortion. It now remains that we lay in a sufficient 
 stock of materials for the end of the session, and that proper atten- 
 tion be paid to the word adjournment, when, I hope, madam, the 
 Roman Goddess, will be more propitious to our wishes. 
 
 Thank you for the mention of your plough. Never word brought 
 a more endearing assemblage of ideas in its train. All the joys and 
 blessings of domestic life seemed to start into existence at the very 
 mention of this first of human inventions. There is not even the 
 sign of such an implement in this vile place, keen and attentive as 
 they are to their interests. I wonder none of them have thought 
 of such a thing, for even an ale-house with such a symbol at the 
 door would command custom. Our Pennsylvanians, at least, would 
 venerate the plough. Somebody brought a report into town that 
 there was a green field two or three miles off. Mr. Clymer and a 
 party immediately set off in quest of it. I could not be of their 
 company, as I have been confined, for some days, by a violent 
 rheumatism in my right knee a complaint for which, I am told, this 
 place is remarkable. I am, however, much better, and hope for 
 health in a few days a blessing which I have, in a great degree , 
 been a stranger to since I came to this place. 
 
 Am, with much respect, your obedient, humble servant, 
 
 WILLIAM MACLAY. 
 
 Honorable RICHARD PETERS. 
 
I.\ TIII: KIKST SENATE OF Tin: UNITED STATES. 9 
 
 It has been before stated that General Washington arrived at New 
 York on the 23d of April. The Journal of Mr. Maclay commences 
 on the next day, the 24th of April, and he, inter alia, remarks : 
 
 I understood that it was agreed among the Senators yesterday, 
 that they would meet at the hall this morning, and go in a body to 
 pay their respects to General Washington. I went, about ten o'clock, 
 to the hall, accordingly. There was, however, no person there. 
 After staying some time, Ellsworth came in. I repeated the con- 
 versation of last night, and asked him whether he had been to wait 
 on the General. Yes, he had been, and a number more with him. 
 Some went last night, and some this morning. * * * * 
 I whipped down stairs, and joined the Speaker and a number more 
 of the Pennsylvanians, who were collecting for that purpose ; went 
 and paid my respects, &c. 
 
 Mr. Izard had yesterday been very anxious to get a report adopted, 
 respecting the communications between the Houses. It was so. But 
 now we hear the House below laugh at it. Mr. Izard moved to have 
 the adoption taken from the minutes. This could not be done. But 
 now a carious scene opened. Mr. Lee, being of the Title Commit- 
 tee of yesterday, produced a copy of the resolution for appointing 
 that committee, and moved that the House should pass a vote for 
 the transmitting it down to the other House. This was truly ridic- 
 ulous ; but mind, this business had been (gone) into yesterday solely 
 on the motion of our President, (Mr. Adams) ; but, now, (he con- 
 tinues,) Lee wanted to bring it on again, when the President would 
 not appear in it." " I showed the absurdity of his motion plainly* 
 enough ; but it seemed to me, that b}^ getting a division of the res<5*- 
 lution, I could, perhaps, throw out the part about titles altogether. 
 Mr. Carroll, of Maryland, showed he was against titles. I wrought 
 so far, that I got a question, whether we should throw out the part 
 about titles altogether. We lost the question." However, I could 
 plainly see that we gained ground in the House. 
 
 Now, a most curious question arose. The President (Mr. Adams) 
 knew not how to direct the letter to the Speaker. He called on the 
 House to know how it should be directed. The House showed a 
 manifest disinclination to interfere. The President urged, and 
 ceased not until a question was pointedly put, whether the Speaker 
 should be styled honorable. It passed in the negative ; and from 
 this omen, I think our President may go and- dream about titles 
 for none will he get. 
 
 25th April, Saturday. Attended the House. Ceremonies, end- 
 less ceremonies, the whole business of the day. I did not embark 
 warmly this day. " Otis, our Secretary, makes the grossest mis- 
 
10 SKETCHES OF DEBATES 
 
 takes in our minutes, and it cost us an hour or two to rectify them. 
 I was up as often, I believe, as was necessary, and certainly threw 
 so much light on two subjects, that the debate ended on each." 
 
 The President, as usual, made us two or three speeches from the 
 chair. I will endeavor to recollect one of them. It was on the 
 reading of a report, which mentioned that the President should be 
 received in the Senate chamber, and proceed thence to the House 
 of Representatives, to be sworn. 
 
 " GENTLEMEN : I do not know whether the framers of the Consti- 
 tution had in view the two Kings of Sparta, or the two consuls of 
 Rome, when they formed it one to have all the power while he held 
 it ; and the other to be nothing. Nor do I know whether the archi- 
 tect that formed our room, and the wide chair in it, (to hold two, I 
 suppose,) had the Constitution before him. Gentlemen, I feel great 
 difficulty, how to act. I am possessed of two separate powers the 
 one in-esse, the other in passe. I am Vice President. In this, I 
 am nothing ; but I may be everything. But I am President, also, 
 of the Senate. When the President comes into the Senate, what 
 shall I be ? I wish, gentlemen, to think what I shall be." 
 
 A solemn silence ensued. God forgive me, for it was involuntarj^, 
 but the profane muscles of my face were in tune for laughter, in 
 spite of my indisposition. 
 
 Ellsworth thumbed over the sheet Constitution, and turned it for 
 some time. At length he rose, and addressed the Chair, with the 
 most profound gravity : 
 
 " Mr. PRESIDENT: I have looked over the Constitution, (paused,) 
 and I find, sir it is evident and clear, sir that wherever the Sen- 
 ate is to be, there, sir, you must be at the head of them ; but, further, 
 sir, (there he looked aghast, as if some tremendous gulf had yawned 
 before him,) I shall not pretend to say." 
 
 " Thursday next is appointed for swearing in the President. I 
 am worse of my rheumatism, and perhaps it is owing to the change 
 of weather, for the wind is at northwest, and cold. 
 
 " Sunday, 26th April. Went out half after nine o'clock ; visited 
 Governor St. Clair, General Butler, Delany, McPherson. At Ells- 
 worth's called on Mr. Clymer and Mr. Fitzsimmons. The very end 
 of this visit was to concert some measures with them for the re- 
 
 NOTE. The following is a note to third volume of J. C. Hamilton's history. 
 I have endeavored to ascertain where it was obtained by him, but I have not 
 succeeded: 
 
 "Are we," Adams observed in the Senate, "the two Kings of Sparta, the 
 two Consuls of Rome, or the two Suffetes of Carthage." See Sd vol., p. 560, of 
 His. IT. ., by John C. Hamilton. 
 
IN TIIK FIIIST SEBTATE <F THE UNITED STATES. 11 
 
 moval of Congress, but they kept me off. I mentioned a favorable 
 disposition in some of the Maryland gentlemen to be in unison with 
 the Pennsylvania delegation. They seem not to credit me. 
 
 " Monday, 27th April, 1789. Attended the hall. We had prayers 
 this day by the Chaplain, Doctor Provost. A new arrangment was 
 reported from the joint committee of ceremonies. This is an end- 
 less business. Lee offered a motion to the Chair that after the 
 President was sworn, (which now is to be in the gallery opposite 
 the Senate Chamber,) the Congress should accompany him to Saint 
 Paul's church and attend divine service. This had been agitated in 
 the joint committee ; but Lee said expressly that they would not 
 agree to it. I opposed it as an improper business, after it had been 
 in the hands of the joint committee and rejected, as I thought this 
 a certain method of creating a dissension between the Houses." 
 
 As to Duties on Importations. 
 
 On the 8th of April, the House of Representatives being in Com- 
 mittee of the Whole, Mr. Madison addressed it on the subject of duties 
 on importations, and having in view to embrace the spring importa- 
 tions, he introduced a resolution as follows : 
 
 Resolved, As the opinion of this committee, that the following 
 duties ought to be levied on goods, wares, and merchandise im- 
 ported into the United States, viz : On rum, per gallon, of a 
 
 dollar ; on all other spirituous liquors, ; on molasses, ; 
 
 on Madeira wine, ; on all other wines, ; on common 
 
 Bohea teas, per lb., - ; on all other teas, ; on paper, 
 
 ; on brown sugars, ; on loaf sugars, ; on all 
 
 other sugars, ; on cocoa and coffee, ; on all other 
 
 articles, per cent, on their value at the time and place of im- 
 portation. 
 
 That there ought, moreover, to be levied on all vessels in wjiich 
 goods, wares, or merchandise 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, &c., &c. ; and on all vessels be- 
 longing wholly or in part to the subjects of other Powers, at the 
 rate of . 
 
 Some debate ensued, and the committee rose, and the subject was 
 subsequently before the House and was debated, as stated in part, 
 in the preface to this book. 
 
 It is now four o'clock, and I will take a walk. In my walk I fell 
 in with Mr. Sturgis, Mr. Wyngate, Mr. Goodhue. We took a circuit 
 
12 SKETCHES OF DEBATES 
 
 on the island and came into town. On the way we talked of the 
 permanent residence. They all allowed that New York was not the 
 place. One of them said it ought to be in Pennsylvania. I said 
 little, but remarked that although we would be better accommodated 
 in Philadelphia, I thought we should think of the permanent resi- 
 dence. New houses should be built for the members from each 
 State, when they should not be degraded to the humiliating neces- 
 sity of begging for lodgings from house to house. I, however, re- 
 marked coolly that Virginia affected acquiescence in this place, ex- 
 pecting the Pennsylvanians would be fretted into an acceptance of 
 their measures for the Potomac ; that the Potomac was convenient 
 for a great part of Pennsylvania ; that by our joining our votes to 
 those of Virginia and Maryland and the more southerly States, we 
 could go to the Potomac any time. One of them remarked, the 
 numerous votes of Virginia would not avail. I did not get time to 
 answer, for another replied that we had members on our side in the 
 Senate also. 
 
 The Vice President's speech is nw in the hands of every one, 
 and is received with merited applause. A thought as to the com- 
 position of it. But first I will lay down my own rule for judging 
 in cases of this kind. When every word conveys an idea, and senti- 
 ment follows expression, the composition is good. But where the 
 words and expressions are so happily arranged that every corre- 
 sponding idea and sentiment brings a kindred group in its train, the 
 composition rises to excellent, grand, sublime. 
 
 Now for the sinking scale. When ideas follow slowly, with diffi- 
 culty, or not at all, the composition may be termed heavy, dull, 
 stupid. I will read it again, but I am inclined to place it under the 
 heavy head. 
 
 Visit l>> Washington. 
 
 Next Thursday, I ought to note with some extraordinary mark. 
 I had dressed, and was about to set out, when General Washington, 
 the greatest man in the world, paid me a visit. I met him at the 
 foot of the stairs. Mr. Wynkoop just came in. We asked him to 
 take a seat. He excused himself, on account of the number of his 
 visits. We accompanied him to the door. He made us complacent 
 bows one, before he mounted, and the other, as he went away, on 
 horseback. I attended at the Hall ; just nothing at all done. I, 
 however, paid very formal visit to the Vice President. It began to 
 rain, and I came home. I may as well minute a remark here as any 
 where else ; and, indeed, I wish it were otherwise not for what we 
 have, but for what others want. But we have really more republi- 
 can plainness and sincere openness of behavior in Pennsylvania than 
 in any other place I have ever been in. I was impressed with a dif- 
 
IN THE FIRST SKNATK OF THE UNITED STATES. 13 
 
 ferent opinion, until I have had full opportunit}' of observing the 
 gentlemen of New England ; and sorry am I to say it, but no people 
 in the Union dwell more on trivial distinctions and matters of mere 
 form. They really seem to show a readiness to stand on punctilio 
 and ceremony. A little learning is a dangerous thing, ('tis said.) 
 May not the same be said of breeding. It is certainly true, that 
 people little used with company are more apt to take offense and are 
 less easy than men much versant in public life. They 3,re an un- 
 mixed people in New England, and used only to see neighbors, like 
 themselves ; and when once an error of behavior is crept in among 
 them, there is small chance of its being cured ; for should they go 
 abroad, being early used to a ceremonious and reserved behavior, 
 and believing that good manners consist entirely in punctilios, they 
 only add a few more stiffened airs to their deportment, excluding 
 good humor, affability of conversation, and accommodation of tem- 
 per and sentiment, as qualities too vulgar for a gentleman. Mr. 
 Strong gave us, this morning, a story which, with many others of a 
 similar nature, which I have heard, places this in a clear point of 
 light. 
 
 By the Constitution of Massachusetts, the Senate have a right of 
 communicating bills to their Lower House. Some singular business 
 made them shut their doors. At this time, called Samuel Adams, 
 of the Senate, to communicate a bill. The Doorkeeper told him his 
 orders. Back returned the enraged Senator. The whole Senate 
 took flame, and blazed forth in furious memorial against the Lower 
 House for breach of privilege. A violent contest ensued, and the 
 whole State was convulsed with litigation. 
 
 April 29. Attended the Hall. This day a bill was read the sec- 
 ond time, respecting the administering the oath for the support of 
 the new Government. A diversit}^ of opinion arose, whether the 
 law should be extended so as to oblige the officers of the State Gov- 
 ernments to take the oaths. The power of Congress to do this was 
 asserted by some, and denied by others, in pointed terms. I did 
 not enter into the merits on either side ; but before the question was 
 put, gave my opinion, that the first step towards doing good, was to 
 was to be sure of doing no harm. Gentlemen had been very point- 
 ed for and against the power. If we divided here, what must we 
 expect the people out of doors to be. That in the exercise of pow- 
 ers given us by Congress, we should deal in no uncertainties ; that 
 while we had the Constitution plainly before us, all was safe and 
 certain ; but if we took on us to deal in doubtful matters, we trod 
 on hollow ground, and might be charged with an assumption of 
 powers not delegated. I, therefore, on this ground, was against the 
 
14 SKETCHES OF DEBATES 
 
 commitment. The bill, however, was committed, and with it closed 
 the business of the day. 
 
 I have observed, ever since we began to do business, that a Jehu- 
 like spirit has prevailed with a number of gentlemen, and with none 
 more than with the member from the ancient dominion, who is said 
 to be a notorious anti-Federalist a most expensive and enormous 
 machine of a Federal judiciary pompous titles, strong efforts after 
 religious distinctions, coercive laws for taking the oaths, &c., &c. 
 I have uniformly opposed, as far as I was able, everything of this 
 kind, and, I believe, have sacrificed every chance of being popular, 
 and every grain of influence in the Senate by so doing. But, be it 
 so. I have the testimony of my own conscience, that I am right. 
 High-handed measures are at no time justifiable ; but now they are 
 highly impolitic. Never will I consent to straining the Constitu- 
 tion ; nor never will I consent to the exercise of a doubtful power. 
 We come here the servants not the lords of our constituents. 
 The new Government, instead of being a powerful machine, whose 
 authority would support any measure, needs helps and props on all 
 sides, and must be supported by the ablest names and the most 
 shining characters which we can select. The President's amiable 
 deportment, however, smoothes and sweetens everything. Charles 
 Thompson has, however, been ill-used by the Committee of Arrange- 
 ments of the ceremonial. This is wrong. His name had been left 
 out of the arrangement for to-morrow. 
 
 The journal of Mr. Maclay proceeds : 
 
 Thursday, 30th April. This is a great, important day. Goddess 
 of Etiquette assist me while I describe it. The Senate stood ad- 
 journed to half after eleven o'clock. About ten, dressed in my best 
 clothes. Went for Mr. Morris' lodgings ; but met his son, who told 
 me that his father would not be in town until Saturday. About 
 ten, turned into the Hall. The crowd already great. The Senate 
 met. The President (Mr. Adams) rose in the most solemn manner : 
 
 GENTLEMEN : I wish for the direction of the Senate. The Presi- 
 dent will, I suppose, address the Congress. How shall I behave? 
 How shall we receive it ? Shall it be standing or sitting ? 
 
 Here followed a considerable talk from him, which I could make 
 nothing of. Mr. Lee began with the House of Commons, as is usual 
 with him ; then the House of Lords ; then the King, and then back 
 again. The result of his information was, that the Lords sat, and 
 the Commons stood, on the delivery of the King's speech. 
 
 Mr. Izard got up and told how often he had been in the House of 
 Parliament. He said a great deal of what he had seen there; made, 
 however, this sagacious discovery, that the Commons stood because 
 
IN TIM: FM:ST SKNATI: or TIIK UNITED STATES. lf> 
 
 they had no scats to sit, on being arrived at the House of Lords. 
 It was discovered, after some time, tliat the King sat too, and had 
 his robes and crown on. 
 
 The President got up again, and said he had been very often, in- 
 deed, at the Parliament on those occasions, but there always was 
 such a crowd, and ladies along, he could not say how it was. 
 
 Mr. Carroll got up to declare that he thought it of no consequence 
 how it was in Great Britain they were no rule to us, &c. But all 
 at once the Secretary, who had been out, whispered to the Chair 
 that the Clerk from the Representatives was at the door with a com- 
 munication. Gentlemen of the Senate, how shall he be received ? 
 A silly kind of resolution of the committee on that business had 
 been laid on the table some days ago. The amount of it was, that 
 each House should communicate to the other what and how they 
 chose. It concluded, however, something in this way that every- 
 thing should be done with all the propriety that was proper. The 
 question was, Shall this be adopted, that we may know how to re- 
 ceive the Clerk ? It was objected ; this will throw no light on the 
 subject ; it will leave you where you are. 
 
 Mr. Lee brought the House of Commons before us again. He 
 reprobated the rule declared that the Clerk should not come within 
 the bar of the House ; that the proper mode was for the Sergeant- 
 at-Arms, with the mace on his shoulder, to meet the Clerk at the 
 door and receive his communication. We are not, however, pro- 
 vided for this ceremonious way of doing business, having neither 
 mace nor Sergeant, nor masters in chancery, who carry down bills 
 from the English Lords. 
 
 Mr. Izard got up and labored unintelligibly to show the great 
 distinction between a communication and a delivery of a thing ; but 
 he was not minded. 
 
 Mr. Ellsworth showed plainly enough that if the Clerk was not 
 permitted to deliver the communication, the Speaker might as well 
 send it enclosed. Repeated accounts came that the Speaker and 
 Representatives were at the door. Confusion ensued ; the members 
 left their seats. Mr. Reed rose and called the attention of the Senate 
 to the neglect that had been shown to Mr. Thomson, late Secretary. 
 Mr. Lee rose to answer him ; but I could not hear one word he said. 
 
 The Speaker was introduced, followed by the Representatives. 
 Here we sat an hour and ten minutes before the President arrived. 
 This delay was owing to Lee, Izard, and Dalton, who had stayed 
 with us until the Speaker came in, instead of going to attend the 
 President. 
 
 The President advanced betweeen the Senate and Represent- 
 
16 SKETCHES OF DEBATES 
 
 atives, bowing to each. He was placed in the chair by the Presi- 
 dent of the Senate ; the Senate, with their President, on the right, 
 the Speaker and Representatives on his left. The President of the 
 Senate rose, and addressed a short sentence to him. The import 
 of it was, that he should now take the oath of office as President. 
 He seemed to have forgot half of what he was to say, for he made 
 a dead pause and stood for some time to appearance in a vacant 
 mood. He finished with a formal bow, and the President was con- 
 ducted out of the middle window into the gallery, and the oath 
 administered by the Chancellor.* Notice that the business was 
 done was communicated to the crowd, who gave three cheers, and 
 repeated it on the President's bowing to them. As the company 
 returned into the chamber, the President took the chair and the 
 Senate and Representatives their seats. He rose and all arose, and 
 he addressed them. (See the address.) 
 
 This great man was agitated and embarrassed more than ever he 
 was by the leveled cannon or pointed musket. He trembled, and 
 several times could scarce make out to read, though it must be sup- 
 posed he had often read it before. He made a flourish with his 
 right hand which left rather an ungainly impression. I sincerely, 
 for my part, wished all set ceremony in the hands of the dancing 
 masters, and that this first of men had read off his address in the 
 plainest manner, without ever taking his eyes from the paper ; for 
 I felt hurt that he was not first in everything. He was dressed in 
 deep brown, with metal buttons with an eagle on them, white stock- 
 ings, a bag, and sword. f 
 
 * Congress sat in the city hall, called Federal Hall, situate on Wall street, 
 opposite the head of Broad street. To gratify the public curiosity, an open 
 gallery adjoining the Senate Chamber had been selected as the place where 
 the ceremony should take place. Presidents of the U. #., by Edwin Williams. 
 
 I In the Pennsylvania, Packet, under date of Tuesday, April 28, 1789, rela- 
 tive to the inauguration it is stated : In the evening was exhibited, under the 
 direction of Col. Baunian, a very ingenious and splendid show of fireworks. 
 The Count de Moustier's house was elegantly illuminated, and a variety of 
 transparent paintings were exhibited. His Excellency Don Diego de Gardo- 
 qui's house also displayed a great assemblage of beautiful figures, executed 
 in the most masterly and striking manner, and which attracted considerable 
 attention from the vast multitude of citizens assembled .to view the various 
 scenes of the evening. The ceremony of this remarkable day completed the 
 organization of the Federal body. Every honest man must feel a singular 
 felicity in contemplating this day. Good government, the best of blessings, 
 now commences under favorable auspices. We beg leave to congratulate our 
 readers on the great event. 
 
 A writer in the same, under date of May 7, remarks that " the fire-works 
 exhibited in the evening were truly brilliant, and the illuminations and 
 transparent paintings of the French and Spanish ambassadors surpassed even 
 conception itself." 
 
IN THE FIRST SENATE OF THE UNITED STATES. 17 
 
 From the Hall there was a grand procession to St. Paul's church, 
 where prayers were said by the Bishop. The procession was well 
 conducted and without accident, as far as I have heard. The mili- 
 tia were under arms, lined the street near the church, made a good 
 figure, and behaved well. 
 
 The inaugural address was as follows : 
 
 FELLOW-CITIZENS OF THE SENATE AND OF THE HOUSE OF REPRESENT- 
 ATIVES: Among the vicissitudes incident to life, no event could 
 have filled me with greater anxieties than that of which the notifica- 
 tion was transmitted by your order, and received on the 14th day 
 of the present month. On the one hand, I was summoned by my 
 country whose voice I can never hear but with veneration and love 
 from a retreat which I had chosen, with the fondest predilection ; 
 and in my flattering hopes, with an immutable decision, as the asy- 
 lum of my declining years a retreat which was rendered every day 
 more necessary, as well as more dear to me, by the addition of habit 
 to inclination, and of frequent interruptions in my health, to the 
 gradual waste committed on it by time. On the other hand, the 
 magnitude and difficulty of the trust to which the voice of my coun- 
 try called me, being sufficient to awaken, in the wisest and most 
 experienced of her citizens, a distrustful scrutiny into his qualifica- 
 tions, could not but overwhelm with despondence, one who, inher- 
 iting inferior endowments from nature, and unpracticed in the duties 
 of civil administration, ought to be peculiarly conscious of his own 
 deficiencies. In this conflict of emotions, all I dare aver is, that it 
 has been my faithful study to collect my duty from a just appreci- 
 ation of every circumstance by which it might be effected. All I dare 
 hope is, that if, in executing this task, I have been too much swayed 
 by a grateful remembrance of former instances, or by an affection- 
 ate sensibility to this transcendent proof of the confidence of my 
 fellow-citizens, and have thence too little consulted my incapacity, 
 as well as disinclination, for the weighty and untried cares before 
 me, my error will be palliated by the motives which misled me, and 
 its consequences be judged by my country, with some share of the 
 partiality in which they originated. 
 
 Such being the impressions under which I have, in obedience to 
 the public summons, repaired to the present station, it would be pe- 
 
 In relation to the inaugural address of Washington, Fisher Ames, who was 
 possessed of a more poetic temperament than that of Mr. Maclay, wrote : " It 
 was a touching scene, and quite solemn kind. His aspect, grave, almost to 
 sadness; his modesty, actually shaking; his voice, deep, a little tremulous, 
 and so low as to call for close attention ; added to the sense of objects present- 
 ed to the mind and overwhelming it, produced emotions of the most affecting 
 kind upon the members." Works of Fisher Ames, Vol. /, p. 84. 
 2 
 
18 SKETCHES OF DEBATES 
 
 culiarly improper to omit, in this first official act, my fervent sup- 
 plication to that Almighty Being who rules over the universe, who 
 presides in the councils of nations, and whose providential aids can 
 supply every human defect, that His benediction may consecrate 
 to the liberties and happiness of the people of the United States, a 
 Government instituted by themselves, for these essential purposes ; 
 and may enable every instrument employed in its administration to 
 execute, with success, the functions allotted to his charge. In ten- 
 dering this homage to the Great Author of every public and private 
 good, I assure myself that it expresses your sentiments not less than 
 my own, nor those of my fellow-citizens at large less than either. 
 No people can be bound to acknowledge and adore the invisible 
 hand which conducts the affairs of men more than the people of the 
 United States. Every step by which they have advanced to the 
 character of an independent nation, seems to have been distinguished 
 by some token of providential agency ; and in the important revo- 
 lution just accomplished in the system of their united Government, 
 the tranquil deliberations and voluntary consent of so many distinct 
 communities from which the event has resulted, cannot be compared 
 with the means by which most Governments have been established, 
 without some return of pious gratitude, along with an humble an- 
 ticipation of the future blessings which the past seems to presage. 
 These reflections, arising out of the present crisis, have forced them- 
 selves too strongly on my mind to be suppressed. You will join 
 with me, I trust, in thinking that there are none under the influence 
 of which the proceedings of a new and free Government can more 
 auspiciously commence. 
 
 By the article establishing the executive department, it is made 
 the duty of the President " to recommend to your consideration 
 such measures as he shall judge necessary and expedient." The 
 circumstances under which I now meet you will acquit me from en- 
 tering into that subject, further than to refer to the great constitu- 
 tional charter under which you are assembled ; and which, in defin- 
 ing your powers, designates the objects to which your attention is 
 to be given. It will be more consistent with those circumstances, 
 and far more congenial with the feelings which actuate me, to sub- 
 stitute, in place of a recommendation of particular measures, the 
 tribute that is due to the talents, the rectitude, and the patriotism, 
 which adorn the characters selected to devise and adopt them. In 
 these honorable qualifications, I behold the surest pledges, that, as 
 on one side, no local prejudices or attachments, -no separate views, 
 nor party animosities, will misdirect the comprehensive and equal 
 eye which ought to watch over this great assemblage of communi- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 19 
 
 ties and interests ; so, on another, that the foundations of our na- 
 tional policy will be laid in the pure and immutable principles of 
 private morality ; and the preeminence of free government be ex- 
 emplified by all the attributes which can win the affections of its 
 citizens, and command the respect of the world. I dwell on this 
 prospect with every satisfaction which an ardent love for my coun- 
 try can inspire. Since there is no truth more thoroughly established 
 than that there exists, in the economy and course of nature, an in- 
 dissoluble union between virtue and happiness ; between duty and 
 advantage ; between the genuine maxims of an honest and magnan- 
 imous policy, and the solid rewards of public prosperity and felicity ; 
 since we ought to be no less persuaded that the propitious smiles 
 of heaven can never be expected on a nation that disregards the 
 eternal rules of order and right, which heaven itself has ordained ; 
 and since the preservation of the sacred fire of liberty, and the des- 
 tiny of the republican model of government, are justly considered 
 as deeply, perhaps as finally, started on the experiment entrusted to 
 the hands of the American people. 
 
 Besides the ordinary objects submitted to your care, it will remain 
 with your judgment to decide how far an exercise of the occasional 
 power delegated by the fifth article of the Constitution, is rendered 
 expedient at the present juncture, by the nature of objections which 
 have been urged against the system, or by the degree of inquietude 
 which has given birth to them. Instead of undertaking particular 
 recommendations on this subject, in which I could be guided by no 
 light derived from official opportunities, I shall again give way to 
 my entire confidence in your discernment and pursuit of the public 
 good ; for, I assure myself, that while you carefully avoid every al- 
 teration which might endanger the benefits of a united and effective 
 government, or which ought to await the future lessons of experi- 
 ence, a reverence for the characteristic rights of freemen, and a re- 
 gard for the public harmony, will sufficiently influence your delib- 
 erations on the question, how far the former can be more impregna- 
 bly fortified, or the latter be safely and advantageously promoted. 
 
 To the preceding observations I have one to add, which will be 
 more properly addressed to the House of Representatives. It con- 
 cerns myself, and will, therefore, be as brief as possible. 
 
 When I was first honored with a call into the service of my coun- 
 try, then on the eve of an arduous struggle for its liberties, the light 
 in which I contemplated my duty required that I should renounce 
 every pecuniary compensation. From this resolution I have in no 
 instance departed. And being still under the impression which pro- 
 duced it, I must decline, as inapplicable to myself, any share in the 
 
20 SKETCHES or DEBATES 
 
 personal emoluments which may be indispensably included in a per- 
 manent provision for the executive department ; and must accord- 
 ingly pray that the pecuniary estimates for the station in which I 
 am placed, may, during my continuance in it, be limited to such 
 actual expenditures as the public good may be thought to require. 
 
 Having thus imparted to you my sentiments, as they have been 
 awakened by the occasion which brings us together, I shall take my 
 present leave ; but not without resorting once more to the benign 
 Parent of the human race, in humble supplication, that since He has 
 been pleased to favor the American people with opportunities for 
 deliberating in perfect tranquillity, and dispositions for deciding with 
 unparalleled unanimity on a form of Government for the security 
 of their union, and the advancement of their happiness, so His divine 
 blessing may be equally conspicuous in the enlarged views, the tem- 
 perate consultations, and the wise measures, on which the success 
 of this Government must depend. 
 
 G. WASHINGTON. 
 
 April 30, 1789. 
 
 The Senate returned to their chamber after service, formed, and 
 took up the address. Our President called it his most gracious 
 speech. I cannot approve of this. A committee was appointed on 
 it Johnson, Carroll, Patterson. Adjourned. 
 
 In the evening, there were grand fire-works. The Spanish am- 
 bassador's house was adorned with transparent paintings; the 
 French minister's house was illuminated ; the Hall was grandly 
 illuminated, and after all this the people went to bed. 
 
 The journal of Mr. Maclay proceeds as follows : 
 
 May 1. Attended at the Hall at eleven. The prayers were over 
 and the minutes reading. When we came to the minute of the 
 speech, it stood, His most gracious speech. I looked all round the 
 Senate. Every countenance seemed to wear a blank. The Secre- 
 tary was going on. / must speak or nobody would. 
 
 Mr. President, we have lately had a hard struggle for our lib- 
 erty, against kingly authority. The minds of men are still heated. 
 Everything related to that species of government is odious to the 
 people. The words prefixed to the President's speech are the same 
 that are usually placed before the speech of his Britannic Majesty. 
 I know they will give offense. I consider them as improper. I 
 therefore move that they be struck out, and that it stand simply 
 address or speech, as may be judged most suitable. 
 
 Mr. President rose in his chair, and expressed the greatest sur- 
 prise that anything should be objected to on account of its being 
 
IN TIIK FIKST SENATE OF THE UNITKD STATKS. 21 
 
 taken from the practice of that government under which we had 
 lived so long and so happily, formerly. That he was for a dignified 
 and respectable government, and as far as he knew the sentiments 
 of the people, they thought as he did. 
 
 Painful as it was, I had to contend with the Chair. I admitted 
 that the people of the Colonies (now States) had enjoyed formerly 
 great happiness under that species of government ; but the abuses 
 of that government, under which they smarted, had taught them 
 what they had to fear from that kind of government. That there 
 had been a revolution in the sentiments of people respecting gov- 
 ernment, equally as great as that which had happened in the Gov- 
 ernment itself. That even the modes of it were now abhorred. 
 The enemies of the Constitution had objected to it the facility there 
 would be of transition from it to kingly government, and all the 
 trappings and splendor of royalty. That if such a thing as this 
 appeared on our minutes, they would not fail to represent it as the 
 first step of the ladder in the ascent to royalty. 
 
 The President rose a second time, and declared that he had men- 
 tioned it to the Secretary. That he could not possibly conceive 
 that any person could take offense at it. 
 
 I had to get up again, and declare that though I knew of its 
 being mentioned from the Chair, yet my opposition did not proceed 
 from any motive of contempt that although it was a painful task, 
 it was solely a sense of duty that raised me. 
 
 The President stood during this time. Said he had been long 
 abroad, and did not know how the tempers of people might be 
 now. 
 
 Up now rose Mr. Reed, and declared for the paragraph. He saw 
 no reason to object to it because the British speeches were styled 
 most gracious. If we chose to object to words because they had 
 been used in the same sense in Britain, we should soon be at a loss 
 to do business. 
 
 I had to reply. It is time enough to submit to necessity when 
 it exists. At present there is no loss for words. The words speech 
 or address, without any addition, will suit us well enough. 
 
 The first time I was up, Mr. Lee followed me with a word or two 
 by way of seconding me ; but when the President, on being last up, 
 declared that he was the person from whom the words were taken, 
 Mr. Lee got up and informed the Chair that he did not know that 
 circumstance, as he had been absent when it happened. 
 
 The question was put and carried for erasing the words, without 
 a division. 
 
 After the house adjourned, the President took me to one side, 
 
22 SKETCHES OF DEBATES 
 
 declared how much he was for an efficient Government, how much 
 he respected General Washington, and much of that kind. 
 
 I told him I would yield to no person in respect to General Wash- 
 ington ; that our common friends would, perhaps, one day inform 
 him that I was not wanting in respect to himself ; that my wishes 
 for an efficient Government were as high as any man's, and begged 
 him to believe that I did myself great violence when I opposed him 
 in the chair, and nothing but a sense of duty would force me to it. 
 He got upon the subject of checks to Government and the bal- 
 ances of power. His tale was long he seemed to expect some 
 answer. I caught at the last word, and said, undoubtedly, without 
 a balance there could be no equilibrium, and so I left him hanging 
 in geometry. 
 
 May 2. Attended Senate. This a day of no business whatever. 
 Langdon came and shook hands very heartily with me. Some of the 
 other New England men shy. Patterson only was at the Senate 
 chamber before me. He passed censure on the conduct of the 
 President ; said he made himself too busy. He hinted as if some 
 of the Senate would have taken notice of the gracious officer, if I 
 had not. I told him I was no courtier, and had no occasion to trim ; 
 but said it was a most disagreeable thing to contend with the Chair, 
 and I had already held that disagreeable post more than once. 
 
 Monday, 4th May. Went early to the post office. As I came 
 back, met General St. Glair. He seemed desirous of speaking with 
 me. Said he had been to my lodgings, and asked me what I thought 
 of the President's new arrangements. It was the first I had heard 
 of them. 
 
 The President is neither to entertain or receive invitations. He 
 is to have levee days on Tuesdays and Fridays, when only he is to 
 be seen. 
 
 I told the General, that General Washington stood on as difficult 
 ground as he had ever done in his life. That to suffer himself to be 
 run down, on the one hand, by a crowd of visitants, so as to engross 
 his time, would never do, as it would render his doing business im- 
 practicable. But, on the other hand, for him to be seen only in 
 public, on stated times, like an Eastern Lama, would be equally of- 
 fensive. If he was not to be seen but in public, where nothing con- 
 fidential could pass between him and any individual, business would, 
 to all appearance, be done without him, and he could not escape the 
 charge of favoritism ; all court would be paid to the supposed fa- 
 vorite, weakness and insignificance would be considered as charac- 
 teristic of the President, and he would not escape contempt ; that 
 it was not thus the General gained the universal plaudits of his 
 
Ix THE FIRST SENATE OF THE UNITED STATUS. 23 
 
 admiring fellow-citizens. I reiterated these ideas in every shape 
 and in every different light I could place them, for nearly half an 
 hour, that we walked in front of St. Paul's church. The General 
 said he wished to collect men's sentiments, and the design was to 
 communicate them to the General. I told him my late conduct in 
 the Senate had been such as would render any opinion of mine very 
 ungracious at court, and, perhaps, he had better never make men- 
 tion of my name. Much more was said, but not worth committing 
 to paper. 
 
 Washington to Hamilton. 
 
 NEW YORK, May 5, 1789. 
 
 DEAR SIR : I beg you to accept my unfeigned thanks for your 
 friendly communications of this date, and that you will permit me 
 to entreat a continuation of them, as occasions may arise. 
 
 The manner chosen for doing it is most agreeable to me. It is 
 my wish to act right ; if I err, the head and not the heart shall, with 
 justice, be chargeable. 
 
 With sentiments of sincere esteem and regard, 
 I am, dear sir, 
 
 Your obedient servant, 
 
 GEO. WASHINGTON. 
 
 In 4th Hamilton's works, p. l,is the following letter of Hamilton 
 to Washington : 
 
 NEW YORK, May 5, 1789. 
 
 SIR : In conformity to the intimation you were pleased to honor 
 
 me with on evening last, I have reflected upon the 
 
 etiquette proper to be observed by the President, and now submit 
 the ideas which have occurred to me on the subject. The public good 
 requires, as a primarj^ object, that the dignity of the office should 
 be supported. 
 
 Whatever is essential, that ought to be pursued, though at the 
 risk of partial or momentary dissatisfaction. But care will be neces- 
 saiy to avoid extensive disgust or discontent. Men's minds are 
 prepared for a pretty high tone in the demeanor of the executive, 
 but I doubt whether for so high a tone as in the abstract might be 
 desirable. The notions of equality are yet, in my opinion, too gen- 
 eral and too strong to admit of such a distance being placed between 
 the President and other branches of the Government as might even 
 be consistent with a due proportion. The following plan will, I 
 think, steer clear of extremes, and involve no very material incon- 
 veniences : 
 
 1. The President to have a levee day once a week for receiving 
 
24 SKETCHES OF DEBATES 
 
 visits ; an hour to be fixed at which it shall be understood that he 
 will appear, and consequently that visitors are to be previously as- 
 sembled. 
 
 The President to remain half an hour, in which time he may con- 
 verse cursorily on indifferent subjects, with such persons as shall 
 invite his attention, and at the end of that half hour disappear. 
 Some regulation will be hereafter necessary to designate those who 
 may visit. 
 
 A mode of introduction, through particular officers, will be in- 
 dispensible. ]STo visits to be returned. 
 
 2. The President to accept no invitations, and to give formal en- 
 tertainments only twice or four times a year the anniversaries of 
 important events in the Revolution. If twice, the day of the declara- 
 tion of independence and that of the inauguration of the President 
 which completed the organization of the Constitution to be pre- 
 ferred. If four times, the day of the treaty of alliance with France, 
 and that of the definitive treaty with Britain, to be added. The 
 members of the two Houses of the Legislature, principal officers of 
 the Government, foreign ministers, and other distinguished strangers 
 only to be invited. The numbers form, in my mind, an objection ; 
 but there may be separate tables, in separate rooms. This is prac- 
 ticed in some European courts. I see no other method in which 
 foreign ministers can, with propriety, be included in any attentions 
 of the table, which the President may think fit to pay. 
 
 3. The President, on the levee days, either by himself or some 
 gentleman of his household, to give informal invitations to family 
 dinners on the days of invitation. Not more than six or eight to 
 be invited at a time, and the matter to be confined essentially to 
 members of the Legislature and other official characters. The Pres- 
 ident never to remain long at table. 
 
 I think it probable that the last article will not correspond with 
 the ideas of most of those with whom your Excellency may con- 
 verse ; but, on further mature reflection, I believe it will be neces- 
 sary to remove the idea of too immense an inequalit}^, which, I fear, 
 would excite dissatisfaction and cabal. The thing may be so man- 
 aged as neither to occasion much waste of time nor to infringe on 
 dignity. 
 
 It is an important point to consider what persons may have ac- 
 cess to your Excellency on business. The heads of departments 
 will, of course, have this privilege. Foreign ministers of some de- 
 scriptions will also be entitled to it. In Europe, I am informed, 
 ambassadors only have direct access to the chief magistrate. Some- 
 thing very near what prevails there would, in my opinion, be right. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 25 
 
 The distinction of rank between diplomatic characters requires at- 
 tention, and the door of access ought not to be too wide to that 
 class of persons. I have thought that the members of the Senate 
 should also have a right of individual access on matters relative to 
 the public administration. In England and France, peers of the 
 realm have this right. We have none such in this country, but I 
 believe that it will be satisfactory to the people to know that there 
 is some body of men in the State who have a right of continual com- 
 munication with the President. It will be considered a safe-guard 
 against secret combination to deceive him. 
 
 I have also asked myself, will not the Representatives expect the 
 same privilege, and be offended if they are not allowed to partici- 
 pate with the Senate ? There is sufficient danger of this to merit 
 consideration, but there is a reason for the distinction in the Con- 
 stitution. The Senate are coupled with the President in certain 
 executive functions, treaties, and appointments. This makes them 
 in a degree his constitutional counselors, and gives them a peculiar 
 claim to the right of access. On the whole, I think the discrimina- 
 tion will be proper, and may be hazarded. 
 
 I have chosen this method of communication, because I under- 
 stood your Excellency that it would be most convenient to you. 
 The unstudied and uncermonious manner of it will, I hope, not ren- 
 der it less acceptable. And if, in the execution of your commands, 
 at any time, I consult frankness and simplicity more than ceremony 
 or profession, I flatter myself you will not, on that account, distrust 
 the sincerity of my cordial wishes for your personal happiness, and 
 the success of your administration. 
 
 I have the honor to be, with the highest respect, 
 
 Your Excellencjr's most obedient and humble servant, 
 
 Though out of order, as to date, the letter of President Washing- 
 ton to John Adams, and the reply of Mr. Adams, is here given : 
 
 17th May, 1789. 
 
 The President of the United States wishes to avail himself of your 
 sentiments on the following points : 
 
 1. Whether a line of conduct equally distant from an association 
 with all kinds of company on the one hand, and from a total seclu- 
 sion from society on the other, ought to be adopted by him ? And 
 in that case, how is it to be done ? 
 
 2. What will be the least exceptionable method of bringing any 
 system which may be adopted on this subject before the public and 
 into use ? 
 
26 SKETCHES OF DEBATES 
 
 3. Whether, after a little time, one day in every week will not be 
 sufficient for receiving visits of compliment ? 
 
 4. Whether it would tend to prompt impertinent applications, 
 and involve disagreeable consequences, to have it known that the 
 President will, every morning, at eight o'clock, be at leisure to give 
 audience to persons who may have business with him ? 
 
 5. Whether, when it shall have been understood that the Presi- 
 dent is not to give general entertainments, in the manner the Presi- 
 dents of Congress have formerly done, it will be practicable to draw 
 such a line of discrimination, in regard to persons, as that six, eight, 
 or ten official characters, including in rotation the members of both 
 Houses of Congress, may be invited, personally or otherwise, to dine 
 with him on the day fixed for receiving company, without exciting 
 clamors in the rest of the community ? 
 
 6. Whether it would be satisfactory to the public for the Presi- 
 dent to make about four great entertainments in a year, on such 
 great occasions as the anniversary of the Declaration of Independ- 
 ence, the alliance with France, the peace with Great Britain, the or- 
 ganization of the General Government ; and whether arrangements 
 of these two last kinds could be in danger of diverting too much of 
 the President's time from business, or of producing the evils which 
 it was intended to avoid by his living more recluse than the Presi- 
 dents of Congress have hitherto lived ? 
 
 7. Whether there would be any impropriety in the President's 
 making informal visits ; that is to say, in his calling upon his ac- 
 quaintances or public characters, for the purpose of sociability or 
 civility ? And what as to the form of doing it, might evince these 
 visits to have been made in his private character, so as that they 
 may not be construed into visits from the President of the United 
 States ? And in what light would his visits rarely at tea-parties be 
 considered ? 
 
 8. Whether, during the recess of Congress, it would not be ad- 
 vantageous to the interests of the Union for the President to make 
 the tour of the United States, in order to become better acquainted 
 with their principal characters and internal circumstances, as well 
 as to be more accessible to numbers of well-informed persons who 
 might give him useful information and advice on political subjects ? 
 
 9. If there is a probability that either of the arrangements may 
 take place, which will eventually cause additional expenses, whether 
 it would not be proper that these ideas should come into contem- 
 plation at the time when Congress shall make a permanent provision 
 for the support of the Executive ? 
 
IN THE FIRST SENATE OF THE UNITED STATES. 27 
 
 Remarks 
 
 On the one side no augmentation can be effected in the pecuniary 
 establishment, which shall be made in the first instance for the sup- 
 port of the Executive. On the other, all moneys destined to that 
 purpose, beyond the actual expenditure, will be left in the treasury 
 of the United States, or sacredly applied to the promotion of some 
 national objects. 
 
 Many things which appear of little importance in themselves and 
 at the beginning, may have great and durable consequences from 
 their having been established at the commencement of a new Gen- 
 eral Government. It will be much easier to commence the admin- 
 istration upon a well adjusted system, built on tenable grounds, than 
 to correct errors or alter inconveniences after they shall have been 
 confirmed by habit. The President, in all matters of business and 
 etiquette, can have no object but to demean himself in his public 
 character in such a manner as to maintain the dignit}^ of his office, 
 without subjecting himself to the imputation of superciliousness or 
 unnecessary reserve. Under these impressions, he asks for your 
 candid and undisguised opinion. 
 
 Vice President's Answer. 
 
 NEW YORK, 17th May, 1789. 
 
 The Vice President has the honor to present his humble opinion, 
 on the points proposed for his consideration. 
 
 1. That an association with all kinds of company, and a total se- 
 clusion from society, are extremes which, in the actual circumstances 
 of this country, and under our form of government, may be properly 
 avoided. 
 
 2. The system of the President will gradually develop itself in 
 practice ,without any formal communication to the Legislature , or pub- 
 lication from the press. Paragraphs in the public prints may, how- 
 ever, appear from time to time, without any formal authority, that 
 may lead and reconcile the public mind. 
 
 3. Considering the number of strangers from many countries, and 
 of citizens from various states, who will resort to the seat of gov- 
 ernment, it is doubted whether two days in the week will not be in- 
 dispensable for visits of compliment. A little experience, however, 
 will elucidate this point. 
 
 4. Under the fourth head, it is submitted to consideration whether 
 all personal applications ought not to be made, in the first instance, 
 to a minister of state. Yet an appeal should be open, by petition, 
 to the President, who, if he judges the subject worthy of it, may 
 admit the party to a personal interview. Access to the Supreme 
 
28 SKETCHES OF DEBATES 
 
 Magistrate ought not to be rigorously denied in any case that is 
 worthy of his consideration. Nevertheless, in every case, the name, 
 quality, and, when these are not sufficient to raise a presumption in 
 their favor, their business, ought to be communicated to a chamber- 
 lain or gentleman in waiting, who should judge whom to admit and 
 whom to exclude. Some limitation of time may be necessary, too, 
 as, for example, from eight to nine or ten ; for, without it, the whole 
 forenoon, or the whole day, may be taken up. 
 
 5. There is no doubt that the President may invite what official 
 characters, members of Congress, strangers, or citizens of distinc- 
 tion he pleases, in small parties, without exciting clamors; but this 
 should always be done without formality. 
 
 6. The entertainments mentioned in this article would much more 
 properly be made by a minister of state for foreign or domestic 
 affairs, or some other minister of state, or the Vice President, whom, 
 upon such occasions, the President, in his private character, might 
 honor with his presence. But in no case whatever can I conceive 
 it proper for the President to make any formal public entertainment. 
 
 7. There can be no impropriety in the President's making or re- 
 ceiving informal visits among his friends or acquaintances at his 
 pleasure. Undress, and few attendants, will sufficiently show that 
 such visits are made as a man, a citizen, a friend, or acquaintance. 
 But in no case whatever should a visit be made or returned in form 
 by the President ; at least, unless an Emperor of Germany, or some 
 other sovereign, should travel to this country. The President's 
 pleasure should absolutely decide concerning his attendance at tea- 
 parties in a private character, and no gentleman or lady ought ever 
 to complain if he never or rarely attends. The President's private 
 life should be at his own discretion, and the world should respect- 
 fully acquiesce. As President, he should have no intercourse with 
 society, but upon public business, or at his levees. This distinction 
 it is, with submission, apprehended, ought to govern the whole 
 conduct. 
 
 8. A tour might, no doubt, be made with great advantage to the 
 public, if the time can be spared; but it will naturally be consid- 
 ered, as foreign affairs arrive every day, and the business of the 
 executive and judicial departments will require constant attention, 
 whether the President's residence will not necessarily be confined 
 to one place. 
 
 Observations. 
 
 The civil list ought to provide for the President's household. 
 What number of chamberlains, aides-de-camp, secretaries, masters 
 of ceremonies, &c., will become necessary, it is difficult to foresee. 
 
IN THE FIRST SEN ATP; OF THE UNITED STATI 29 
 
 But should not all such establishments be distinct from the allow- 
 ance to the President for his services, which is mentioned in the 
 Constitution ? In all events, the provision for the President and 
 his household ought to be large and ample. The office, by its legal 
 authority, denned in the Constitution, has no equal in the world, 
 excepting those only which are held by crowned heads ; nor is the 
 royal authority in all cases to be compared to it. The royal office 
 in Poland is a mere shadow in comparison with it. The Dogeship 
 in Venice, and the Stadtholdership in Holland, are not so much. 
 Neither dignity nor authority can be supported in human minds, 
 collected into nations or any great numbers, without a splendor and 
 majesty in some degree proportioned to them. The sending and 
 receiving ambassadors is one of the most splendid and important 
 prerogatives of sovereigns, absolute or limited ; and this, in our 
 Constitution, is wholly in the President. If the state and pomp 
 essential to this great department are not in a good degree pre- 
 served, it will be in vain for America to hope for consideration with 
 foreign powers. 
 
 These observations are submitted, after all, with diffidence, con- 
 scious that my long residence abroad may have impressed me with 
 views of things incompatible with the present temper and feelings 
 of our fellow-citizens, and with a perfect disposition to acquiesce in 
 whatever may be the result of the superior wisdom of the Presi- 
 dent. 
 
 Attended Senate. Soon after the bill prescribing the oath, &c., 
 was taken up, and the amendments. 
 
 On the Senate journal, under date of May 2, it is stated that Mr. 
 Strong, from the committee to whom the bill from the House of 
 Representatives was referred, to regulate the time and manner of ad- 
 ministering certain oaths, reported sundry amendments thereto, 
 which were assigned for consideration on Monday next. 
 
 Monday, May 4. The Senate proceeded to the consideration of 
 the report of the committee on the bill to regulate the time and 
 manner of administering certain oaths. 
 
 In line one, strike out the words '' Congress of the United States," 
 and insert, " Senate and Representatives of the United States of 
 
 NOTE. It is a singular fact that this should be the only answer to the Presi- 
 dent's queries on this delicate subject which has been found among Wash- 
 ington's papers. It is certain that he submitted them to Mr. Madison and Mr. 
 Jay, and it is likely to several other persons in whose judgment he trusted. 
 Mr. Hamilton's answer, which is informal, has been published, for the first 
 time, in the late collection made of his works, vol. 4, page 1. 
 
30 SKETCHES OF DEBATES 
 
 America, in Congress assembled." At the end of the second para- 
 graph, add the words " of the Senate," and insert the following 
 clause : 
 
 u And be it further enacted, that the members of the several State 
 Legislatures, and all executive and judicial officers of the several 
 States, who have been heretofore chosen or appointed, or who shall 
 be chosen or appointed before the first day of August next, and who 
 shall then be in office, shall, within one month thereafter, take the 
 same oath or affirmation, except where they shall have taken it be- 
 fore ; which may be administered by any person authorized by the 
 law of the State in which such office shall be holden to administer 
 oaths. And the members of the several State Legislatures, and all 
 executive and judicial officers of the several States, who shall be 
 chosen or appointed after the said first day of August next, shall, 
 before they proceed to execute the duties of their respective 
 offices, take the foregoing oath or affirmation, which shall be admin- 
 istered by person or persons, who, by the law of the State, shall be 
 authorized to administer the oath of office ; and the person or per- 
 sons so administering the oath hereby required to be taken, shall 
 cause a record or certificate thereof to be made, in the same manner 
 as by the law of the State, he or they shall be directed to record or 
 certify the oath of office."- 
 
 In the last paragraph, strike out the words " of the United States 
 of America," in the third and fourth lines, and insert the same words 
 in the fourth line, next after the words " as the case may be ; " and 
 which being accepted, Tuesday morning, eleven o'clock, was assigned 
 for the third reading of the bill. 
 
 Mr. Maclay, in his journal, remarks : 
 
 The first amendment Was on the enacting clause. It stood by the 
 Congress of the United States. The amendment, by the Senate and 
 Representatives. 
 
 It was openly avowed by Mr. Izard that the dignity and preemi- 
 nence of the Senate was the object aimed at by the amendment. 
 But the words of the Constitution are, All legislative power herein 
 granted, shall be vested in a Congress of the United States. Again, 
 section eight. The Congress shall have power, &c. The amount of 
 all I said resolved itself into this. The legislative authority (the power 
 of making laws in certain cases) is given to Congress. Let Con- 
 gress execute this trust under the same name. In other words, it 
 is under the^rm of Congress, that we have received our authority 
 and power. Let us execute it under the same firm. 
 
 Ellsworth, who is a vastly better speaker than I am, was in senti- 
 ment with me this time. He placed the subject in various lights, 
 
IN THE FIRST SKXATE OF THE UNITED STATES. 31 
 
 and said enough, I thought, to convince any one who was not deter- 
 mined to be otherwise. But the fact with us is, that the point sought 
 after is to find what will be most agreeable ; or, in other words, 
 where will the majority be ; for never was a text more practiced on 
 than that, in a multitude of counselors (say Senators) there is safe- 
 ty. Indeed, it seems the governing principle. 
 
 Mr. Izard gave us a kind of dissenting speech from both original 
 and amendment. He wanted the President's name in it. 
 
 The President rose in the chair to deliver sentiments to the same 
 purpose ; and upon this principal he was rather against the amend- 
 ment, because it did not mention the President. The amendment 
 carried. 
 
 The next amendment was a clause obliging the officers of the 
 State Legislatures to take the oath within a month after the 1st of 
 August. 
 
 Mr. Ellsworth argued on the inaccuracy of the language of the 
 amendment that it was doubtful as to the intent of it every way. 
 I thought he nearly exhausted the subject. 
 
 Before the vote was put I chose to say something. It amounted 
 to this that the subject was a doubtful one every way the power 
 of Congress at any time ; or the propriety of exercising it at this 
 time, if admitted. The words of the amendment were also doubt- 
 ful and doubted. I would, therefore, deal in no doubtful matters. 
 
 Izard rose in a flame ; declared he knew not what gentlemen meant 
 by talking of doubts he never heard of any. He was very angry. 
 
 Mr. Langdon followed him. Read the Constitution, that all offi- 
 cers, both of the United States and several States, shall be bound 
 by oath, &c. 
 
 I had to get up in my own defense. I observed that gentlemen 
 mistook the point. The question was not whether the officers should 
 take the oath, but was it our business to interfere in it. It was 
 equally clear that Senators, Representatives, and electors were to be 
 chosen by the State, but who ever thought of a law to oblige them 
 to do these things. The adopting States, by the terms of their adop- 
 tion, had pledged themselves to conform to the Constitution, which 
 contained these things among its fundamental rules. Among the 
 powers delegated to Congress this was not mentioned, nor was it 
 necessary, being already provided for in the Constitution. 
 
 As to doubts, individuals had doubted, and States had doubted. 
 Massachusetts, it appeared, considered the power of making a law 
 to be with Congress. Connecticut thought so differently that they 
 had passed a State law for the purpose. For my part, I greatly 
 doubted, at least, the propriety of meddling with it, unless the 
 
32 SKETCHES OF DEBATES 
 
 States should be guilty of neglect. But I was not so uncharitable 
 as to damn him that doubted not. 
 
 Up rose Lee. He was for the amendment, but had more doubts 
 than anybody. 
 
 The rage of speaking caught hold of half the Senate at least. 
 Some sensible things were said, but a great many foolish ones. Ells- 
 worth rose a second time. He took nearly the track I had been on ; 
 but he explained everything with a clearness and perspicuity which 
 I was quite incapable of. I was highly pleased with him. How 
 readily the sentimental strings sound unisons when both are touched 
 by the same agreeable motive. But enough ; the amendment was 
 carried against us. 
 
 I learned this day that the title selected from all the potentates of 
 the earth for our President was to have been taken from Poland, 
 viz : Elective majesty. What a royal escape. 
 
 Dined this day with the French minister. The first place I have 
 been at since my illness. But I have minuted enough for this day ; 
 so stop. 
 
 The Senate journal is as follows : 
 
 Thursday, May 5. The bill to regulate the time and manner of 
 administering certain oaths was read the third time and passed, with 
 amendments. 
 
 Ordered, That the Secretary carry the aforementioned bill to the 
 House of Representatives, together with the amendments, and ad- 
 dress the Speaker in the words following : 
 
 SIR : The Senate have passed the bill, entitled "An act to regulate 
 the time and manner of administering certain oaths,' 1 with amend- 
 ments, to which they desire the concurrence of your House. 
 
 Ordered, That when a bill has passed the Senate, the Secretary 
 shall indorse the final determination thereon, and the day when such 
 final question was taken, previous to its being transmitted to the 
 House of Representatives : 
 
 Mr. Maclay, in his journal, remarks : 
 
 May 5. The bill of yesterday had a third reading. But now how 
 is it to be sent to the other House. A motion was made and sec- 
 onded, that it go by the Secretary. From half after eleven to half 
 after one, was this important question agitated. The other House 
 had effronted the Senate by sending up the bill in a letter ; and now 
 we would not send it down by a member. The dignity of the House 
 was much insisted on. We were plagued with the Houses of Lords 
 and Commons, and parliamentary was the supplementary word to 
 every sentence. I doubted much whether I should rise or not. 
 However, where everybody had something to say,' I scorned to be 
 
IN THE FIRST SENATE OF THE UNITED STATES. 33 
 
 silent. I remarked that I rose with reluctance on a subject when I 
 had not been able to draw any information from experience, as the 
 State I had the honor to represent had but one House. Yet from 
 what I could learn, the States in the Union, which had two Houses, 
 carried on their communications by their members. That this I 
 considered the most cordial and friendly mode of intercourse ; and 
 that I would much rather take example from our own States than 
 from Great Britain. That this intercourse, therefore, was the one 
 which I most sincerely wished, and thought the sooner it was adopted 
 the better. If our members should be ill-treated below, as had been 
 alleged by some gentlemen, the fault would not be ours ; and then 
 we would be fully justified by adopting some other mode. A com- 
 munication by our Secretary was a bad one it interrupted business, 
 as we could not proceed without him. If we meant it by way of 
 returning the affront that had been offered us, this was wrong. We 
 should send the bill by letter ; and this would be treating them in 
 kind. 
 
 I was answered at least, an attempt was made ; but I was not 
 convinced. Mr. Langdon got up soon after, and seemed to adopt 
 all I had said ; but the motion was carried against us. Mr. Ells- 
 worth was with us, and so was Mr. Carroll; but he concluded, with 
 saying, he would, this time, vote for the Secretary to go down with 
 the bill. 
 
 I forgot to minute a very long speech of Mr. Ellsworth, when the 
 bill was on the third reading. He prefaced his discourse by saying 
 he would make no motion, but gentlemen might do as they pleased 
 after he had delivered his sentiments. The whole amounted to this, 
 that the great and dignified station of the President, and the con- 
 spicuous part which he would act in the field of legislation, as all 
 laws must pass in review before him, and were subject to his revis- 
 ion and correction, &c., &c., entitled him to have his name or place 
 marked in the enacting clause of the laws ; or, at least, he should 
 be brought into view among the conspicuous parts of Congress. 
 
 Ideas of the above kind were dwelt on, and varied with agreeable 
 enough diction, for near a quarter of an hour. I was confident he 
 neither wished nor expected to have any serious motion made on 
 such untenable ground. What, then, could be his motive, solely to 
 play the courtier. Something of this kind had been hinted from the 
 Chair. Mr. Izard had been explicit on the subject. Mr. Ellsworth 
 now plays the middle game. He knows the thing cannot take place, 
 but he will bring it fully into view, so that he can say it was not my 
 fault, and thus secure his interest with the high-toned courtiers. 
 No motion was made. Indeed, the spirit of his address was reduc- 
 3 
 
34 SKETCHES OF DEBATES 
 
 ible to this : I will make no motion. If any of you are foolish 
 enough to do it you may. 
 
 May 6. No Senate this day. There was a Commencement at St. 
 Paul's church. The Senate were served with tickets. Dr. Johnson, 
 the principal of the college, could not attend with us. I had heard 
 that Mr. Morris was come to town. I went for his lodging. This, 
 another useless journey, for he has not come. I would have been 
 very glad of Mr. Morris' company. It has happened otherwise, I 
 have been alone. I have had to bear the chilling cold of the North 
 and the intemperate warmth of the South, neither of which are fav- 
 orable to the middle States, from which I come. Lee and Izard, 
 hot as the burning sand of Carolina, hate us. Adams, with all his 
 frigid friends, cool and wary, bear us no good will. I could not 
 find a confidant in one of them ; or say, to my heart, here is the 
 man I can trust. What has been my conduct then spirit of recti- 
 tude bear witness for me have I trimmed to one of them ? Or have 
 I once withheld a single sentiment that my judgment approved of ? 
 I trust I have not. Regardless of consequences, with no eye to 
 emolument, without desire for reappointment, I mean to act as if I 
 were immortal, and yet I wish to give satisfaction and content to 
 the State that sent me here. Never, however, will I purchase that 
 with discontent in my own bosom ; nor does my dear country de- 
 mand such a sacrifice at my hand. 
 
 The journal, under date of the 7th May, proceeds : 
 The committee reported an answer to the President's speech. It 
 was read. One part was objected to, which stated the United States 
 to have been in anarchy and confusion, and the President stepping 
 in and rescuing them. A very long debate. The words were struck 
 out. Mr. Lee offered a part of a sentence which I thought filled 
 the sentence with propriety. It was, however, lost. Mr. Patterson 
 offered a clause, " rescued us from evils impending over us." This 
 was carried ; but nearly half the Senate made sour faces at it. Mr. 
 Ellsworth said it was tautological ; but seemed at a loss as to mend- 
 ing it. I rose, more in consequence of a kind of determination 
 that I have adopted of saying something every day than from any 
 fondness of the subject. I admitted that there appeared something 
 
 NOTE. It is said that the celebrated Charles Fox, in his early service in 
 Parliament, was in the habit of speaking as frequently as a suitable oppor- 
 tunity was offered him. One object in his course was to advance his reputa- 
 tion as an orator ; and to this practice, it is said that he attributed, in a consid- 
 erable degree, his proficiency as a debater. Of him Burke said that he was 
 "the greatest debater the world ever saw." Pitt observed that "whenever I 
 have made a better speech than usual, I observe that Fox, in his reply, sur- 
 passes himself." See Earl Russell's Recollections, 219, 220. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 35 
 
 tautological in the words, and it was not easy to mend them con- 
 sistent with elegant diction ; but if the first syllable was taken from 
 the word impending, it would then stand, " evils pending over us." 
 The objection would be obviated, but I would not say the language 
 would be eloquent. But since I was up, I could not help remarking 
 that I thought the whole clause improper. That to state the whole 
 Union as being in anarchy, or under impending ruin, was to sanc- 
 tify the calumnies of our enemies, who had long labored in the for- 
 eign gazettes to represent us as a people void of government. It 
 was fixing a stain on the annals of America ; for future historians 
 would appeal to the transactions of this very day as a proof of 
 our disordered circumstances. I, therefore, was against the whole 
 clause.' 
 
 Mr. Wyngate followed me, and was for having the clause struck 
 out. This could not well be done, consistent with order. I men- 
 tioned that if a reconsideration was moved, I would second it. It 
 was reconsidered and amended, and afterwards recommitted to the 
 same committee. They retired for the purpose of dressing it. 
 
 Now, the President rose, to draw the attention of the Senate to 
 the manner of returning the answer to the President. A committee 
 was appointed to confer, on this and other subjects, with a commit- 
 tee of the Representatives. 
 
 There are three ways, gentlemen, (said our President,) by which 
 the President may communicate with us. One is, personally. If 
 lie comes here, we must have a seat for him. In England, it is 
 called a throne. To be sure, it is behind that seat we must seek for 
 shelter and protection. The second is by a Minister of State. The 
 third is by his chamberlain, or one of his aids-de-camp , I had almost 
 said ; but that is a military phrase. It may become a great consti- 
 tutional question. 
 
 Seeing the House look blank, he said, I throw these things out 
 for gentlemen to think of. 
 
 Mr. Lee got up, and said something on the propriety of having a 
 seat, with a canopy, for the President. 
 
 Mr. Langdon said something, but did not seem well collected, and 
 spoke so low, I did not hear him. The time was trifled till near 
 eight o'clock. The day was cold, and the members collected near 
 the fire, leaving their seats. The committee returned with the mes- 
 sage, and it really read vastly better, and was altered in the except- 
 ion;! hie phrases. In one place, speaking of the Government, it men- 
 tioned dignity and splendor. I submitted it to the gentlemen who 
 had the amending of it, whether respectability was not better than 
 splendor. Mr. Carroll, of the committee, did not defend the word 
 
36 SKETCHES OF DEBATES 
 
 splendor ; but said respectability had been used before, if he recol- 
 lected right. Mr. Patterson said it sounded much better than re- 
 spectability, and rounded the period. Doctor Johnson said splendor 
 signified, in this place, the highest perfection of government. These 
 were the three members of the committee. 
 
 I mentioned that if the word respectability had been used imme- 
 diately before, it would be improper ; that dignity alone, I thought, 
 expressed all that was wanted. As to the seeking of sounding 
 names and pompous expressions, I thought them exceptionable on 
 that very account, and that no argument was necessary to show it. 
 Different men had a train of different ideas raised by the same 
 word. (Splendor, when applied to government, brought into my 
 mind, instead of the highest perfection, all the faulty finery, brilli- 
 ant scenes, and expensive trappings of royal government, and im- 
 pressed my mind with an idea quite the reverse of republican re- 
 spectability, which, I thought, consisted in firm and prudent coun- 
 cils, frugal^, and economy. I found I was well seconded, and con- 
 cluded that my motion went to recommend a reconsideration of the 
 word splendor to the committee. They did not alter it, and the an- 
 swer was agreed to. 
 
 The President rose in the chair, and repeated twice, with more 
 joy on his face than I had ever seen him assume before, that he hoped 
 the Government would be supported with dignity and splendor. I 
 thought he did it by way of triumph over me for a former defeat I 
 gave him, but it may be I was mistaken. 
 
 The following is the answer to the President's speech, reported 
 by the committee : 
 
 SIR : We, the Senate of the United States, return you our sincere 
 thanks for your excellent speech delivered to both Houses of Con- 
 gress ; congratulate you on the complete organization of the Federal 
 Government ; and felicitate ourselves and our fellow-citizens on 
 your elevation to the office of President ; an office highly important 
 by the powers constitutionally annexed to it, and extremely honor- 
 able from the manner in which the appointment is made. The unan- 
 imous suffrage of the elective body in your favor, is peculiarly ex- 
 pressive of the gratitude, confidence, and affection of the citizens 
 of America, and is the highest testimonial at once of your merit 
 and their esteem. We are sensible, sir, that nothing but the voice 
 of your fellow-citizens could have called you from a retreat, chosen 
 with the fondest predilection, endeared by habit, and consecrated 
 by the repose of declining years. We rejoice, and with us all Amer- 
 ica, that, in obedience to the call of our common country, you have 
 returned once more to public life. In you all parties confide ; in 
 
IN THE FIRST SENATE OF THE UNITED STATES. :>7 
 
 you all interests unite ; and we have no doubt that your past ser- 
 vices, great as they have been, will be equaled by your future exer- 
 tions ; and that your prudence and sagacity as a statesman will tend 
 to avert the dangers to which we are exposed, to give stability to 
 the present government, and dignity and splendor to that country 
 which your skill and valor as a soldier so eminently contributed to 
 raise to independence and empire. 
 
 When we contemplate the coincidence of circumstances and won- 
 derful combinations of causes, which gradually prepared the people 
 of this country for independence when we contemplate the rise, 
 progress, and termination of the late war, which gave them a name 
 among the nations of the earth % we are, with you, unavoidably led 
 to acknowledge and adore the great Arbiter of the universe, by 
 whom empires rise and fall. A review of the many signal instances 
 of divine interposition, in favor of this country, claims our most 
 pious gratitude ; and, permit us, sir, to observe, that, among the 
 great events which have led to the formation and establishment of a 
 Federal Government, we esteem your acceptance of the office of 
 President as one of the most propitious and important. 
 
 In the execution of the trust reposed in us, we shall endeavor to 
 pursue that enlarged and liberal policy to which your speech so 
 happily directs. We are conscious that the prosperity of each State 
 is inseparably connected with the welfare of all, and that, in pro- 
 moting the latter, we shall effectually advance the former. In full 
 persuasion of this truth, it shall be our invariable aim to divest our- 
 selves of local prejudices and attachments, and to view the great 
 assemblage of communities and interests committed to our charge 
 with an equal eye. We feel, sir, the force, and acknowledge the just- 
 ness of the observation, that the foundation of our National policy 
 should be laid in private morality. If individuals be not influenced 
 by moral principles, it is in vain to look for public virtue ; it is, 
 therefore, the duty of Legislators to enforce, both by precept and 
 example, the ultility , as well as the necessity, of a strict adherence to 
 the rules of distributive justice. We beg you to be assured that 
 the Senate will, at all times, cheerfully cooperate in every measure 
 which may strengthen the Union, conduce to the happiness, or secure 
 and perpetuate the liberties of this great confederated Republic. 
 
 We commend you, sir, to the protection of Almighty God, earn- 
 estly beseeching Him long to preserve a life so valuable and dear to 
 the people of the United States ; and that your administration may 
 1)' prosperous to the nation and glorious to yourself. 
 
 Read and accepted ; and ordered that the Vice President should 
 affix his signature to the address, in behalf of the Senate. 
 
38 SKETCHES OF DEBATES 
 
 As to the Subject of Titles. 
 
 May 8. Senate formed. Mr. Ellsworth moved for the report of 
 the joint committee on the subject of Titles to be taken up ; and it 
 was accordingly done. Mr. Lee led the business. He took his 
 old ground all the world, civilized and savage, called for titles. 
 There must be something in human nature that occasioned this gen- 
 eral consent ; therefore he conceived it was right. Here he began 
 to enumerate many nations who gave titles such as Venice, Genoa, 
 &c. The Greeks and Romans, it was said, had no titles ; but, mak- 
 ing a profound bow to the Chair, you were pleased to set us right 
 in this, with respect to the Conscript Fathers, the other day. Here 
 he repeated the President's speech, of the 23d ultimo, all over, al- 
 most verbatim. 
 
 Mr. Ellsworth rose. He had a paper in his hat, which he looked 
 constantly at. He repeated almost all that Mr. Lee had said, but 
 got on the subject of Kings declared that the sentence, in the 
 primer, of " fear God and honor the King" was of great import- 
 ance that kings were of divine appointment. Saul, the head and 
 shoulders taller than the rest of the people, was elected by God and 
 anointed by His appointment. 
 
 I sat after he had done for a considerable time to see if anybody 
 would rise. At last I got up. and first answered Lee, as well as I 
 could, with nearly the same arguments, drawn from the Constitu- 
 tion, as I had used on the 23d ultimo. I mentioned that within 
 the space of the last twenty years, more light had been thrown on 
 the subject of government, and on human affairs in general, than 
 for several generations before. This light of knowledge had dimin- 
 ished the veneration for titles ; and that mankind now considered 
 themselves as little bound to imitate the follies of civilized nations 
 as the brutalities of savages. The abuse of power and the fear of 
 bloody masters had extorted titles, as well as adoration, in some 
 instances, from the trembling crowd. The impresson now on the 
 minds of the citizens of these States, was that of horror for kingly 
 authority. 
 
 Izard got up. He dwelt almost entirely on the antiquity of kingly 
 government. He could not, however, well get further back than 
 Philip of Macedon. He seemed to have forgotten both Homer and 
 the Bible. He urged for something equivalent to nobility having 
 been common among the Romans ; for they had three names that 
 seemed to answer to Honorable, or something like it before and 
 something like it behind. He did not say Esquire. 
 
 Mr. Carroll rose, and took my side of the question. He followed 
 
IN THE FIRST SENATE OF THE UNITED STATES. 39 
 
 nearly the track I had been in, and dwelt miich on the information 
 that was now abroad in the world. He spoke against Kings. 
 
 Mr. Lee and Mr. Izard were both up again. Langdon was up 
 several times, but spoke short each time. Patterson was up, but 
 there was no knowing which he was of. Lee considered him against 
 him, and answered him ; but Patterson finally voted with Lee. Ells- 
 worth was enumerating how common the appellation of President 
 was. . The President put him in mind that there were presidents of 
 fire companies and of a cricket club. Mr. Lee, at another time, was 
 saying he believed that some of the States authorized titles by their 
 constitution. The President, from the chair, told him that Connect- 
 icut did it. At sundry other times, he interfered in a like manner. 
 I had been frequently up, to answer new points, during the debate. 
 I collected myself for a last effort. 
 
 I read the clause in the Constitution against titles of nobility 
 showed that the spirit of it was against not only granting titles by 
 Congress, but against the permission of foreign potentates granting 
 any titles whatever. As to kingly government, it was equally out 
 of the question, as a republican government was guaranteed to 
 every State in the Union ; that they were both equally the forbidden 
 fruit of the Constitution. I called the attention of the House to 
 the consequences that were likely to follow. Gentlemen seemed to 
 court a rupture with the other House. The yflepresentatives had 
 adopted the report, and were this day acting on it, or, according to 
 the spirit of the report. We were proposing a title. Our conduct 
 would mark us to the world as actuated with the spirit of dissen- 
 tion, and the characters of the Houses would l)e as aristocratic and 
 democratical. The report was, however, rejected. 
 
 Excellency was moved for as a title by M 1 . Izard. It was with- 
 drawn by Mr. Izard, and highness^ with some prefatory word, pro- 
 posed by Mr. Lee. Now long harrangues were made in favor of 
 this title. Elective was placed before. It was insisted that such 
 a dignified title would add greatly to the weight and authority of 
 the Government, both at home and abroad. I declared myself 
 totally of a different opinion. That at present it was impossible to 
 add to the respect entertained for General Washington. If you gave 
 him the title of any foreign prince or potentate a belief would 
 follow that the manners of that prince and his modes of government 
 would be adopted by the President. (Mr, Lee had just before I got 
 up read over a list of the titles of all the princes and potentates of 
 the earth, marking where the word highness occurred. The grand 
 Turk had it. All the princes of Germany had it. The sons and 
 daughters of crowned heads, &c.) That particularly elective highness 
 
40 SKETCHES OF DEBATES 
 
 which, sounded nearly'like electoral highness, would have a most 
 ungrateful sound to many thousands of industrious citizens who had 
 fled from German oppression. Highness was part of the title of a 
 prince or princes of the blood, and was often given to dukes. It 
 was degrading our President to place him on a par with any prince 
 of any blood in Europe ; nor was there one of them that could enter 
 the lists of true glory with him. But I will minute no more. The 
 debate lasted till half after three o'clock, and it ended in appointing 
 a committee to consider of a title to be given to the President. 
 
 This whole silly business is the work of Mr. Adams and Mr. Lee. 
 Izard follows Lee, and the New England men, who always herd to- 
 gether, follow Mr. Adams. Mr. Thompson says this used to be the 
 case in the old Congress. / had, to be sure, the greatest share in 
 this debate, and must now have completely sold (no, sold is a bad 
 word, for I have got nothing for it) every particle of Court favor, 
 for a Court our House seems determined on, and to run into all the 
 fooleries, fopperies, and pomp of Royal etiquette. 
 
 May 9. Attended the Hall, at ten o'clock, to go on the Judicial 
 Committee. Met many of the members. I know not the motive ; 
 but I never was received with more familiarity, nor quite as much, 
 before, by the members. Ellsworth, in particular, seemed to show 
 a kind of fondness. The Judicial Committee did no business. Sen- 
 ate formed it took a long time to correct the minutes. At length 
 the committee came in and reported a title His Highness, the 
 President of the United States of America and Protector of the 
 Eights of the Same. 
 
 Mr. Few had spoke a word or two with me, and signified his un- 
 willingness to do anything hastily. He got up and spoke a great 
 deal against hasty measures. He did not pointedly move for post- 
 ponement, but it amounted nearly to it. The clerk of the other 
 House, in the meantime, appeared at the bar, and announced the 
 adoption of the report of the joint committee, (rejecting titles.) 
 
 I got up and expressed my opinion that what had fallen from the 
 honorable gentleman from Georgia amounted to a motion for a post- 
 ponement, and asked leave to second him. I then pointed out the 
 rupture that was likely to ensue with the other House that this 
 was matter of very serious import ; and I thought it our indispens- 
 ible duty to avoid any inconvenience of that kind that by the ar- 
 rangement between the Houses, in case of disagreement, a confer- 
 ence might be requested that my intention was, if a postponement 
 was carried, to move, immediately, for a committee of conference to- 
 be appointed, on the difference between the two Houses ; and I had 
 hopes that, by these means, all subject of debate would be done away. 
 
Ix THE FIRST SEXATE OF THE UNITED STATES. 41 
 
 Mr. Reed got up and moved that the report might be adopted. 
 He was not seconded j but the motion was in itself idle. Mr. Strong 
 spoke in favor of the postponement, and was interrupted from the 
 Chair. Mr. Dalton, after some time, spoke in favor of it. I could 
 now see a visible anxiety in the Chair. I had a fine, slack, and easy 
 time of it to-day. Friends seemed to rise in succession. Lee went 
 over his old ground twice, but owned, at last, there was great diffi- 
 culty every way ; but said, plainly, the best mode was for the House 
 (Senate) to adopt the report, and then the other House would fol- 
 low. He found, however, the current begin to turn against him, 
 and he laid his head on his hand, as if he would have slept. Mr. 
 Strong was up again. He said, among other things, that he thought 
 the other House would follow ; but there was a risk in it. 
 
 Mr. Izard got up at last. He, too, was for a postponement. I 
 could see that the President kindled at him. Mr. Izard said we 
 knew the other House had adopted the report. The President in- 
 terrupted him, and said no, we had no right to know it, nor could 
 we know it until after the clerk had, this morning, given official in- 
 formation. The members fixed themselves, and the question was 
 called for. 
 
 Up now got the President, and for forty minutes did he harrangue 
 us from the chair. He began first on the subject of order, and 
 found fault with everything almost ; but down he came to particu- 
 lars, and pointedly blamed a member for disorderly behavior. The 
 member had mentioned the appearance of a captious disposition in 
 the other House. This was disorderly, and spoke with asperity. 
 The member meant was Mr. Izard. All this was only prefatory. 
 On he got on his favorite topic of titles, and over the old ground 
 of the immense advantage, of the absolute necessity of them. 
 
 When he had exhausted this subject, he turned a new leaf. I be- 
 lieve, on a conviction, that the postponement would be carried, a"nd 
 perhaps the business lost, by an attention to the other House. 
 
 Gentlemen, I must tell you that it is you and the President that 
 have the making of titles. Suppose the President to have the ap- 
 pointment of Mr. Jefferson at the Court of France. Mr. Jefferson 
 is, in virtue of that appointment, the most illustrious, the most 
 powerful, and what not. But the President himself must be some- 
 thing that includes all the dignities of the diplomatic corps, and 
 something greater still. What will the common people of foreign 
 countries what will the sailors and soldiers say, George Washing- 
 hurton, President of the United States, they will despise him. This 
 is all nonsense to the philosopher ; but so is all government, what- 
 ever. 
 
42 SKETCHES OF DEBATES 
 
 The above I recollect with great precision ; but he said fifty more 
 things, equally injudicious, which I do not think worth mentioning. 
 It is evident that he begins to despair of getting the article of titles 
 through the House of Representatives, and he has turned his eye 
 to get it done solely by the Senate. 
 
 Having experienced relief, by the interference of sundry mem- 
 bers, I had determined not to say another word, but his new leaf 
 appeared so absurd, I could not help some animadversions on it. 
 
 The Constitution of the United States has designated our chief 
 magistrate by the appellation of the President of the United States 
 of America. This is his title of office, nor can we alter, add to, or 
 diminish it, without infringing the Constitution. In like manner, 
 persons authorized to transact business with foreign powers are 
 styled embassadors, public ministers, &c. To give them any other 
 appellation would be an equal infringement. As to grades of or- 
 ders or titles of nobility, nothing of this kind can be established 
 by Congress. 
 
 Can then the President and Senate do that which is prohibited 
 to the United States at large ? Certainly not. Let us read the 
 Constitution : " No title of nobility shall be granted by the United 
 States." The Constitution goes further. The servants of the public 
 are prohibited from accepting them from any foreign State, king, 
 or prince. So that the appellations and terms given to nobility in 
 the Old World, are contraband language in the United States ; nor 
 can we apply them to our citizens, consistent with the constitution. 
 
 As to what the common people, soldiers, and sailors of foreign 
 countries may think of us, I do not think it imports us much. Per- 
 haps the less they think, or have occasion to think of us, the better. 
 
 But suppose this a desirable point, how is it to be gained ? 
 The English excepted, foreigners do not understand our language. 
 
 We must use Hohen Mogende to a Dutchman ; be 
 
 to a Turk or Algerine ; and so of the rest. From the English, 
 indeed, we may borrow terms that wonld not be wholly unintelligi- 
 ble to our own citizens. But will they thank us for the compliment ? 
 Would not the plagiarism be more likely to be attended with con- 
 tempt than respect among all of them. It has been admitted that 
 all this is nonsense to the philosopher. I am ready to admit that 
 every high-sounding, pompous appellation, descriptive of qualities 
 which the object does not possess, must appear bombastic nonsense 
 in the eye of every wise man. But I cannot admit such an idea 
 with respect to government itself. Philosophers have admitted not 
 only the utility but the necessity of it. Their labors have been 
 directed to correct the views and expose the follies which have been 
 
IN TIII: "FmsT SENATE OF THE UNITED STATK-. 43 
 
 engrafted upon it, and to reduce the practice of it to the principles 
 of common sense, such as we see exemplified by the merchant, the 
 mechanic, and the farmer, whose every act or opinion tends to a 
 productive or beneficial effect, and above all, to illustrate this fact, 
 that Government was instituted for the benefit of the people, and 
 that no act of Government is justifiable that has not this for its ob- 
 ject. Such has been the labor of the philosophers with respect to 
 Government, and sorry, indeed, would I be if their labors should be 
 in vain. 
 
 After all this, he had to put the question, and the postponement 
 was carried. I kept my word, and offered the resolution for a con- 
 ference, &c. It was carried, and the committee appointed. 
 
 Ellsworth drew up a new resolution. It was to keep the differ- 
 ence out of sight, and to proceed, de nouo, on a title for the Presi- 
 dent. 
 
 I did not care to enter into debate, but expressed my fear that 
 the House of Representatives would be invited, and would not 
 meet us on that ground. As if they meant to provoke the other 
 House, they insisted that the minute of rejection should go down 
 with the appointment of the committee. Little good can come of 
 it thus circumstanced, more especially as the old committee were 
 reappointed. 
 
 From the Senate Journal, it appears that Mr. Lee, Mr. Ellsworth, 
 and Mr. Johnson were the committee, and the instruction to the 
 committee was as follows : a That they consider and report under 
 what title it will be proper for the President of the United States 
 in future to be addressed ; and confer thereon with such committee 
 as the House of Representatives may appoint forjthat rjurpose." 
 It is further stated that the Secretary carried to the House of Rep- 
 resentatives the " rejection of the report of the committee appointed 
 to consider what style, &c., it will be proper to annex to the offices 
 of President and Vice President ; and the appointment of a com- 
 mit tee on the part of the Senate to confer on a title under which it 
 will be proper to address the President of the United States." 
 
 The committee of conference on the part of the House were Mr. 
 Madison, Mr. Trumbull, Mr. Page, Mr. Benson, and Mr. Sherman. 
 
 In his memorandum of May 10, Mr. Maclay complains of the de- 
 lay of the impost bill, to the great loss of the revenue. 
 
 The President at the Theater. 
 
 I received a ticket from the President United States, to use his 
 box this evening at the theater, being the first of his appearance at 
 the play-house since his entering on his office. Went. The Presi- 
 
44 SKETCHES OF DEBATES 
 
 dent, Governor of the State, Foreign Ministers, Senators from 
 New Hampshire, Connecticut, Pennsylvania, Maryland, and South 
 Carolina, and some ladies in the same box. I am old, and notices 
 or attentions are lost on me. I could have wished some of my 
 dear children in my place. They are young, and would have en- 
 joyed it. Long might one of them live to boast of their having 
 been seated in the same box with the first character in the world. 
 The play was The School for Scandal. I never liked it. Indeed, 
 I think it an indecent representation before ladies of character and 
 virtue. Farce, The Old Soldier. The house greatly crowded, and 
 I thought the players acted well ; but I wish we had seen the 
 Conscious Lovers, or some one that inculcated more prudential 
 manners. 
 
 12th May. Went early this morning to wait on Mr. Fitzsimmons. 
 Was informed that Mr, Morris had called to see him this morning. 
 Took no notice of this, but went in quest of Mr. Morris. Found 
 him at the door, where he kept his office. Took a long walk with 
 him, and gave him a detail of all that had happened in the Senate 
 since he left it, as exactly as I could. He seemed to listen to me 
 in a friendly way* Came to the House at eleven, Senate met, but 
 there really was nothing happened worth mentioning. The busi- 
 ness of considering the title which was laid on the table was post- 
 poned, to see what would be the result of the conference of the 
 joint committee on that business. Adjourned. 
 
 Went to hear the debates of the House of Representatives from 
 the gallery. From there, went with Mr. Morris to the President's 
 levee. Stayed until the company began to withdraw. Felt, I be- 
 lieve, a little awkward, for my knee pained me, and the business of 
 standing was not very agreeable to me. Left Mr. Morris at the 
 levee, came home. Stayed till four o'clock, and went and dined 
 with the Speaker. 
 
 This day the President gave us no set speech from the chair ; 
 but I know not whether it was want of memory or design, but a 
 motion made by me and seconded 'by Lee was passed by by him, 
 and a second motion put. He, however, seemed confused. The 
 speech which he made yesterday was on the subject of our having 
 a sergeant-at-arms. He seemed to wish that the officer should be 
 Usher of the Black Rod. He described this office as appurtenant 
 to the House of Lords, and concluded by telling us that Sir Fran- 
 cis Mollineaux was the officer, and that he had the honor of being 
 introduced by him to the House of Lords. 
 
 My business with Mr. Fitzsimmons this morning was to inform 
 him how much I feared the cabal of the New England members in 
 
IN TUP: FrusT SKXATK OF TIIK UNITED STATI>. 45 
 
 the Senate, and that if they were not gratified in some measure, as 
 to their favorite article of molasses, they would join with ever} 7 
 member who objected to any single article, and promise him grati- 
 fication in his particular humor, if he would join them. By these 
 means, all the discontents being invited and indulgence given, even 
 to caprice and whim, the bill would be lost. He laughed at my 
 fears. The molasses affair was to be called up again. I asked 
 him if he was sure of a majority in the House for continuing the 
 duty at six cents. Very confident of it, yet he was mistaken, and 
 it was reduced to five. 
 
 I felt great joy on the coming of Mr. Morris to town ; for now I 
 shall have one in whom I can confide. 
 
 May 13. Paid some visits this morning. Senate met. The title 
 lay on the table. Mr. Lee informed the House that the committee 
 on that business had met, but being in the Senate chamber, were 
 dispersed on the meeting of the Senate, and had agreed to meet to- 
 morrow morning. 
 
 Report for classing the Senate permitted to lie on the table. 
 Moved and a committee appointed to confer on the subject of news- 
 papers. A committee of nine appointed for the penal federal laws. 
 I can observe a total change of behavior, or at least a considerable 
 one, in our President. Instead of directing two Senators to read 
 the ballots for committee men, as he did heretofore, he this day 
 read them aloud from the chair, and the clerk tallied. This is the 
 first step towards reformation, and I hope it will be progressive. 
 
 May 14. Senate met. The President reminded us of the title 
 report. The committee were out on that business. The classing 
 report adopted. A motion of yesterday was on the table for the 
 regulating joint committees. Ellsworth, according to his custom, 
 drew another one. Mr. Langdon withdrew his in complaisance to 
 Ellsworth. Lee moved to strike out the latter part of Ellsworth's. 
 Ellsworth, in complaisance to Lee, seconded him. This spoiled the 
 motion ; and all complaisance being at an end, the rest was rejected 
 by the House. It was here the President made us his speech for 
 the day. He said parliamentary customs, when found convenient, 
 should be followed as good examples ; (this is the first time ever I 
 heard him guard his parliamentary lessons, but I observed yester- 
 day that there was a change ; ) that conferences were very seldom 
 used by the Houses in Great Britain ; that little benefit was obtained 
 from them ; they could be but of little use only in case of difference 
 of opinion with respect to bills. 
 
 The whole seemed to aim at lessening the intercourse between 
 
46 SKETCHES OF DEBATES 
 
 the two Houses. I could not help thinking of his speech of the 9th 
 instant. It seemed the second part of it. 
 
 May 14. Now rose Mr. Lee to report on Titles, fr&m the joint 
 committee. He reported that the committee from the other House 
 had adhered in the strictest manner to their former resolution. He 
 moved that the report, which had been laid on the table, in favor 
 of titles, should be entered on the files of the House ; and that a 
 motion which he had in his hand should be adopted. The spirit of 
 the motion was, that to keep up a proper respect for our chief 
 magistrate, attention should be paid to the customs of civilized 
 nations. That the appearance of the affectation of simplicity 
 would be injurious that the Senate had decided in favor of titles 
 from these motives ; but that, in conformity to the practice of the 
 other House, for the present they resolve to address the President 
 without title. 
 
 It is stated, on the Senate Journal, that the committee of confer- 
 ence reported their inability to agree with the committee of the 
 House, and, also, that the committee appointed on the 9th instant, 
 to consider and report under what title it will be proper for the 
 Senate to address the President of the United States of America, 
 reported that, in the opinion of the committee, it will be proper to 
 address the President : " His Highness, the President of the United 
 States of America, and Protector of their Liberties." Which re- 
 port was postponed ; and the following resolve was agreed to, to wit : 
 
 From a decent respect for the opinion and practice of civilized 
 nations, whether under monarchical or republican forms of govern- 
 ment, whose custom is to annex titles of respectability to the office 
 of their chief magistrate; and that, on intercourse with foreign na- 
 tions, a due respect for the majesty of the people of the United 
 States may not be hazarded by an appearance of singularity, the 
 Senate have been induced to be of opinion that it would be proper 
 to annex a respectable title to the office of President of the United 
 States ; but the Senate, desirous of preserving harmony with the 
 House of Representatives, where the practice lately observed in 
 presenting an address to the President was without the addition of 
 titles, think it proper, for the present, to act in conformity with the 
 practice of that House ; therefore, 
 
 Resolved, That the present address be, " To the President of the 
 United States," without addition of title. (See antea, end Preface.) 
 
 A motion was made to strike out the preamble as far as the words 
 " but the Senate ;" which passed in the negative ; 
 
 And, on motion for the main question, it passed in the affirma- 
 tive. 
 
I\ THE FIRST 8i<:\ATK OF THE UNITED STATI 47 
 
 Yesterday Mr. Muhlenberg accosted me with " your Highness of 
 the Senate." On my pausing, he said Wynkoop had been christened 
 by them his Highness of the Lower House, and he thought I was en- 
 titled to the same distinction in the Senate. 
 
 The journal proceeds, (and this appears to refer to the proceedings 
 in the Senate,) As we had the business all over again, I determined 
 to try whi.t ridicule could do. If all men were of our stature, there 
 would be neither high nor low. Highness, when applied to individ- 
 uals, must naturally denote the excess of stature which he possesses 
 over other men. An honorable member told us, the other day, 
 of a certain king who was the head and shoulders taller than any- 
 body else. This, more especially when he was greased with a great 
 horn of oil, must render him highly conspicuous. History, too, if 
 I mistake not, will furnish us with an example where a great Thra- 
 cian obtained the empire of the world from no other circumstance. 
 But if this antiquated principle is to be adopted, give us fair play. 
 Let America be searched, and it is most probable that the honor 
 will be found to belong to some huge Patagonian. This, indeed, is 
 putting one sadly over the head of another. True, but Nature 
 has done it, and men should see where she leads before they adopt 
 her as a guide. 
 
 It may be said that this business is metaphorical, and the high 
 station of the President entitled him to it. Nothing can be true 
 metaphorically which is not so naturally, and under this view of 
 the proposed title, it belongs with more propriety to the Man in 
 the Moon, than anybody else, as his station (when we have the 
 honor of seeing him) is certainly the most exalted of any that we 
 know of. 
 
 Gentlemen may say this is fanciful. Would they wish to see the 
 subject in the most serious point of view that it is possible to place 
 it. Rome, after being benighted for ages in the darkest gloom of 
 ecclesiastic and aristocratic tyrrany, beheld a reformer, in the four- 
 teenth century, who, preaching from stocks and stones, and the 
 busts and fragments of ancient heroes, lighted up the lamp of lib- 
 erty to meridian splendor. Intoxicated with success, he assumed 
 a string of titles, none of which, in my recollection, was equally 
 absurd with the one before you. In consequence of which, and of 
 his aping some other symbols of nobility and royalty, he fell, and 
 pulled down the whole republican structure along with him, mark- 
 ing particularly the subject of titles as one of the principal rocks 
 on which he was shipwrecked. 
 
 As to the latter part of the title, I would only observe that the 
 power of war is the organ of protection. This is placed in Con- 
 
48 SKETCHES OF DEBATES 
 
 gress by the Constitution. Any attempt to divest them of it and 
 place it elsewhere, even with General Washington, is treason against 
 the United States, or, at least, a violation of the Constitution. 
 
 In order to get out of the kind of puzzle which Lee had engaged 
 us in, we moved a general postponement of the report on the title, 
 hoping this would cut up the whole matter by the roots. It was 
 carried. And even after this, Lee hung with obstinacy to the idea 
 of putting it on the files of the House. 
 
 " Through the whole of this business, I have endeavored to mark 
 the conduct of General Washington. I have no clue that will lead 
 me fairly to any just conclusion as to his sentiments. I think it 
 scarce possible but he must have dropped something on a subject 
 which has excited so much warmth. If he did, it was not on our 
 side, or I would have heard it. But no matter, I have by plowing 
 with the heifer of the other House completely defeated them. 1 ' 
 
 Mr. Carroll rose and opposed the imperfect resolution being put 
 on the files by the order of the House. I seconded him in opposing 
 this, as putting such a thing on the files by special order of the 
 House was giving it an authority which no postponed paper should 
 have, and carried the air of an adoption. Papers were never 
 specially ordered on the files but with a view of perpetuating in- 
 formation. A special order for putting on the files would hereafter 
 be considered as an adoption, this part of this motion being lost by 
 a general postponement of the report. 
 
 The journal of Mr. Maclay proceeds 
 
 " Mr. Morris rose after the question had been carried, and ex- 
 pressed his dislike of the title, viz : Highness and protector of the 
 rights of America. He said the protection lay with the whole 
 Congress. He was right in his remarks, but he was told the ques- 
 tion was carried." 
 
 " Mr. Carroll expressed great dislike at the forepart of the mo- 
 tion, which stated the acts of the Senate to be in favor of titles, 
 when, in fact, no such resolution ever had passed the Senate." 
 
 " I rose and moved a division of the motion Was immediately 
 seconded by Mr. Carroll." 
 
 " Now a long debate ensued. Mr. Ellsworth traversed the whole 
 field of titles over again. Doctor Johnson spoke much more to the 
 point. Mr. Patterson, after reading over the motion, was of opinion 
 that a division should take place at the word Senate. I was also, 
 with Mr. Morris, of opinion that the division would stand best at 
 this place. I withdrew my motion, and seconded his for the divi- 
 sion from the word Senate. The division was fu^. enough to answer 
 all the purposes which they avowed, taking it at this place. But 
 
Ix TIII: FIRST SKXATK OF THE UNITED STATUS. 49 
 
 it is evident they have not given up the idea of titles, and seem in- 
 sultingly to say so to the House of Representatives. Affectation 
 of simplicity is directly charged on the other House. This they 
 amended by putting in the word appearance. I endeavored to 
 draw my principal argument, when last up, from the unfairness of 
 the forepart. It expressly recited a determination of the Senate to 
 grant titles. No such resolution had ever passed. It might be im- 
 plied that the Senate were in favor of titles, but why refer to a res- 
 olution that did not exist. Accommodation was the principle held 
 out. But was ever thing done with so ill a grace ? It was saying 
 we meet you on the principles of accommodation, but you are com- 
 pletely wrong, and we are perfectly right. Can any good come of 
 such accommodation ? Mr. Carroll declared that the idea held forth 
 was that the Senate were for titles, but it was well known they were 
 not all for titles. He was opposed, and so were sundry other gen- 
 tlemen. He wished onl}- for a fair question, that it might be seen 
 who were for them, and who were not. He wished the yeas and 
 nays, and let the world judge. 
 
 Mr. Few declared the gentleman had missed the opportunity of 
 the yeas and nays. They should have been called when the report 
 against titles was rejected. Mr. Few was much out in this ; for 
 there were but three of us, and he need not have made his remarks. 
 It was evident that they wished to prevent the yeas and nays. The 
 question was put. The House divided. Eight with us. Ten 
 against us. Mr. Garoll called for the yeas and nays. 'None rose 
 with him but Mr. Henry and myself, and for want of another man, 
 we lost them. 
 
 The committee was now ordered to wait on the President to 
 know the timg whence will be pleased to receive the address of the 
 Senate. 
 
 The report of the joint committee on the enrollment of papers 
 was read, and the House adjourned. And now I hope we have dis- 
 posed of a business (viz : relating to titles,) which in one shape or 
 other has engaged almost the whole time of the Senate from the 
 23d of April, the day that our President began it. Had it not been 
 for Mr Lee, I am firmly convinced no other man would have ven- 
 tured to have followed our President. But Lee led, Ellsworth sec- 
 onded him, the New England men followed r and Izard joined them ; 
 but really hand equix po^mlnis, for he was only for the title of 
 Excellency, which had been sanctified by use. Lee has a culti- 
 vated understanding, great practice in public business, with a fac- 
 tious, restless disposition. He has acted as high priest through the 
 whole of this idolatrous business. It is easy to see what his aim is. 
 4 
 
50 SKETCHES OF DEBATES 
 
 By following the President of the Senate, he hopes to govern all 
 the members from New England, and with a little assistance from 
 Carolina or Georgia, to be absolute in the Senate. Ellsworth, and 
 some mor.e of the New England men, flatter him in turn, expecting 
 he will be with them on the subject of residence. Had it not been 
 for our President and Lee, I am convinced the Senate would have 
 been as averse to titles as the House of Representatives. The game 
 that our President and Mr. Lee appear to have now in view is to 
 separate the Senate as much as possible, from the House of Repre- 
 sentatives. Our President's doctrine is that all honors and titles 
 should flow from the President and Senate only. But once more, 
 subject of titles, farewell! May I never hear motion or debate on 
 thee more ! Mem. The fall of Rienzi, the Roman reformer, who 
 split on the rock of titles, was completely in point. 
 
 In connection with this subject, I give the following extract from 
 a letter dated 16th May, 1789, addressed by William Maclay to 
 Tench Coxe, of Philadelphia ; 
 
 You will readily gather from the public papers that there has 
 been some difference of sentiment between the Houses on the sub- 
 ject of titles. This business, after having agitated us for near three 
 weeks, is, I expect, blown over. I sincerely hope it never will again 
 be blown up so as to kindle the fire of contention. The minority 
 in this business was so small as to be unable to obtain the yeas and 
 nays in our House, except on one question, when the greater part 
 declined calling them ; and yet they were firm to the last, and with 
 the assistance derived from the countenance and determinations of 
 the other House, have really obtained a temporary victory. They 
 had some other difficulties to contend with, which at present shall 
 be nameless. 'Mr. Morris was absent during this troublesome busi- 
 ness. 
 
 The impost bill will be with us on Monday next. It is limited 
 to seven years, and a variety of opinions are held on this point. I 
 will be happy to have yours on this or any other subject. 
 
 May 15. Senate met. On the reading of the minutes, Mr. Few 
 got up and moved warmly that the minute of yesterday on the 
 division of Mr. Lee's motion should be struck out. L^e was for it 
 in a moment. By these means, the vote of yesterday, which re- 
 spected titles, would have the appearance of unanimity. It was 
 opposed by Mr. Carroll, Ellsworth, and myself. The minute, how- 
 ever, remained. 
 
 The committee reported that the President of the (United) States 
 would receive our address a quarter after twelve, on Monday. It 
 was said we should go in carriages. 
 
IN THE FIRST SENATE OF THE UNITED STATES. f)l 
 
 The classing report was called for ; the ballots were drawn. I 
 fell in the first class with Mr. Dalton, Mr. Ellsworth, Mr. Elmer, 
 Mr. Carroll, and Mr. Grayson. 
 
 The President now informed the Senate that a letter had come 
 to his hand, which he supposed was intended for him ; but it was 
 tnost improperly directed. It was directed to his Excellency the 
 Vice President. He asked the opinion of the Senate laughingly, 
 ami concluded it was against all rule. 
 
 I said that until we had a rule obliging people to be regular, we 
 must submit to'their irregularities, more especially of this kind. 
 
 Mr. Morris said the majesty of the people would do as they 
 pleased. 
 
 All this I considered sportive. But he put a serious question, 
 should the letter, so directed, be read. Langdon and sundry others 
 said yes ; and read it was. From Loudon, the printer, offering to 
 print for us. Adjourned. 
 
 May 16. A message came from the House of Representatives. 
 It was on the affair of a joint committee on newspapers and em- 
 ploying printers. Sundiy petitions had come in from different 
 printers. One was just now read from one Fenno I moved that 
 Fenno's, and all petitions of a similar nature, should be referred, 
 for information, to the committee on newspapers and employing 
 printers. It was seconded. Ellsworth rose in great warmth, and 
 opposed it violently- Some more of the New England men joined 
 him. It really seemed to me as if he wished to try whether he 
 could not carry anything. He was, however, disappointed. A re- 
 port of a committee for revising the minutes was read. The peti- 
 tion of one Duncan Campbell was read, and occasioned sundry 
 remarks. Laid on the table. 
 
 The address (to the President) was now produced, engrossed. 
 The word To disobliged Ellsworth, and a long debate ensued about 
 it. I did not touch this trite subject. But it was to be signed ; 
 and here a mighty difficulty was signified from the chair, and the 
 wisdom of the House called on to determine if the chair had done 
 right. Every act had been signed J. A., Vice President. The 
 President gave this information in such a way as left nobody in 
 doubt that his opinion went with the practice. Mr. Carroll got up, 
 and said he thought it a matter of indifference, and concluded that 
 he agreed it should be signed Vice President. His looks, I 
 thought, betrayed' dissent. But the goddess of good nature 
 apologize for this slight aberration from sentimental rectitude. 
 He has, for some ti^e past, been equally, with myself, opposed to 
 
52 SKETCHES OF DEBATES 
 
 the opinions of the Chair, and this was his peace offering. Two 
 weeks ago, I was with Mr. Reed, of the Delaware State, in the up- 
 per galley of the House of Representatives. A message came from 
 the Senate. The signature was read aloud, John Adams, Vice Pres- 
 ident. Mr. Reed turned to me, and said " that is wrong." Yet Mr. 
 Reed now made a very long speech, declaring there was no impro-. 
 priety in it. Mr. Lee hinted, very diffidently, his disapprobation of 
 it. Mr. Morris said our acts should be signed by our own President. 
 Mr. Ellsworth showed some inconvenience that would attend this 
 practice. 
 
 I rose. Said the very term Yice President carried on the face of 
 it the idea of holding the place of the President in his absence, 
 That every act done by the Yice President, as such, implied that 
 when so acting he held the place of President. In this point of 
 view, nothing could be more improper than the Yice President 
 signing an address to the President. It was like a man signing an 
 address to himself. The business of the Yice President was when 
 he acted exactly the same with that of President, and could not mix 
 itself with us as a Senate. 
 
 Here the President tried very hard to raise a laugh. Seeing him 
 willing to bear me down, I continued : Sir, we know you not as 
 Vice President within this House. As President of the Senate 
 only do we know you. As President of the Senate only can you 
 sign or authenticate any act of this body. 
 
 He said, after I sat down, that he believed he need not put the 
 question, a majority of those who had spoken seemed to be in favor 
 of his signing as President of the Senate. Mr. Carroll said he need 
 not put the question, and none was put. Adjourned. 
 
 Sunday, Ifth May. Stayed at home this day. Wrote letters to 
 sundry persons. Did not go out until four o'clock, when I thought 
 it warm enough. Called at the lodgings of Mr. Fitzsimmons and 
 Clymer. They had gone to Brunswick. Walked to the Speaker's. 
 We walked to Cuyler's Hook. The east wind blew raw and cold. 
 I left them, and came home. Found myself rather indisposed. 
 Caught some cold in my walk, and was the worse for it. I never 
 have been in a place remarkable for such variable weather. Set 
 out when one will with ever such agreeable sunshine, I never have 
 been able to go two miles and return without a change of air. 
 The wind which crosses the North river Ts cold. But there is a 
 rawness in the east wind that, with me, seems Ao clog the springs 
 of life. Mr. Scott, however, from Washington county, has expe- 
 rienced a favorabie revolution in his health spce he came here. 
 
 ' 
 
IN THE KlIl*T SENATE OF THE UNITED STATE*. 53 
 
 Address to the President. 
 
 Monday 18th. Senate met. The address (to the President) was 
 read over, and we proceeded in carriages to the President's to pre- 
 sent it. Having no part to act but that of a mute, I had nothing 
 to embarrass me. We were received in an ante-chamber. Had 
 some little difficulty about seats, as there were several wanting ; 
 from whence may be inferred that the President's major domo is 
 not the most provident, as our numbers were well enough known. 
 We had not been seated more than three minutes, when it was sig- 
 nified to us to wait on the President in his levee room. Our Presi- 
 dent went foremost, and the Senators followed, without any particu- 
 lar order, We made our bows as we entered ; and our President, 
 having made a bow, began to read an address. He was much con- 
 fused. The paper trembled in his hand, though he had the aid of 
 both by resting it on his hat, which he held in his left hand. He 
 read very badly all that was on the front pages. The turning of 
 the page seemed to restore him, and he read the rest with more 
 propriety. This agitation was the more remarkable as there were 
 but twenty-two persons present, and none of them strangers. 
 
 The President took his reply out of his pocket. He had his spec- 
 tacles in his jacket pocket ; having his hat in his left hand and the 
 paper in his right. He had too many objects for his hands. He 
 shifted his hat between his forearm and the left side of his breast. 
 But taking his spectacles from the case embarrassed him. He got 
 rid of this small distress by laying the spectacle case on the chim- 
 ney-piece. Colonel Humphreys stood on his right, Mr. Lear on his 
 left. Having adjusted his spectacles, which was not very easy, con- 
 sidering the engagements on his hands, he read the reply with tol- 
 erable exactness, and without much emotion, 
 
 I thought he should have received us with his spectacles on, 
 which would have saved the making of some uncouth motions. 
 Yet, on the whole, he did nearly as well as anybody else could have 
 done the same motions. Could the laws of etiquette have permitted 
 him to have been disencumbered of his hat, it would have relieved 
 him much. 
 
 After having read his reply, he delivered the paper to our Presi- 
 dent, with an easy inclination, bowed round to the company, and 
 desired them to be seated. This politeness seems founded in reas- 
 on, for men, after standing quite still some time, want to sit, if it 
 were for only a minute or two. Our President did not comply, nor 
 did he refuse, but stood so long that the President repeated the re- 
 quest. He deelinecli it by a low bow, and retired. We made our 
 
54 SKETCHES OF DEBATES 
 
 bows, came out to the door, and waited till our carriages took us 
 up. Colonel Humphreys waited on us to the door. Returned. 
 
 Senate formed. The address and reply were ordered on the min- 
 utes. The reply was as follows 
 
 GENTLEMEN . I thank you for your address, in which the most 
 affectionate sentiments are expressed in the most obliging terms. 
 The coincidence of circumstances which led to this auspicious crisis, 
 the confidence reposed in me by my fellow-citizens, and the assist- 
 ance I may expect from councils which will be dictated by an en- 
 larged and liberal policy, seem to presage a more prosperous issue 
 to my administration than a diffidence of my abilities had taught 
 me to anticipate. I now feel myself inexpressibly happy in a be- 
 lief that Heaven, which has done so much for our infant nation, will 
 not withdraw its providential influence ^before our political felicity 
 shall have been completed , and in a conviction that the Senate will 
 at all times cooperate in every measure which may tend to promote 
 the welfare of this confederated Republic. Thus supported by a 
 firm trust on the Great Arbiter of the universe, aided by the col- 
 lective wisdom of the Union, and imploring the divine benediction 
 on our joint exertions in the service of our country, I readily en- 
 gage with you in the arduous but pleasing task of attempting to 
 make a nation happy. 
 
 G. WASHINGTON. 
 
 The Clerk of the House brought up the impost bill. Thursday 
 was assigned for it. Some petitions were read, and the House ad- 
 journed. 
 
 May 19- Senate met at eleven. A report was taken up regulat- 
 ing the mode of keeping the journals, and directing them to be pub- 
 lished monthly. Agreed to, and the committee appointed to pre- 
 pare them for the press. Adjourned. Had agreed with sundry 
 of our Pennsylvania friends to go to the levee. General Muhlen- 
 berg came to me, and told me they would meet me in the committee- 
 room. We did so, and we went to the levee. I went foremost, and 
 left them to follow, and do as well as they could. Indeed, they had 
 no great thing of a pattern, for I am but a poor courtier. The 
 company was large for the room. The foreign Ministers were there. 
 Van Berkel, the Dutch Minister, (for the first time, 1 suppose,) 
 gaudy as a peacock. Our Pennsylvanians withdrew before me. 
 The President honored me with a particular tete-a-tete. How will 
 this weather suit your farming? Poorly, sir; the season is the 
 most backward I have ever known. It is remarkably so here, but, 
 by letters from Pennsylvania, vegetation is slow in proportion there. 
 
 The fruit, it is to be expected, will be safe, and backward seasons 
 
IN TIM-: KIKST SKXATK OF THE UNITED STATKS. 55 
 
 are in favor of it ; but in Virginia it was lost before I left that 
 pl:uv. . . . Much depends on the exposure of the orchard. Those 
 with a northern aspect have been found by us to be the most cer- 
 tain in producing fruit. . . . Yes ; that is a good observation, 
 and should be attended to. Made my bow, and retired. 
 
 May 20. I attended at the Hall about half after ten o'clock. The 
 committee did not meet me. Senate met, but there was no business 
 done. Adjourned, that the committees might go to work. I 
 thought I got cold yesterday in the House of Representatives, and 
 set off to come home. Colonel Few overtook ine, and we took a 
 long walk to view the garden of a Dutchman, who lives beyond the 
 Bowery. Spent some time, with a degree of satisfaction, viewing 
 his harmless and silent little beauties of the garden. On the road, 
 Mr. Few threw out many generous sentiments on the subject of the 
 temporary residence. The general belief is, however, that he is 
 favorable to this place. 
 
 May 21. Went about half after nine to Mr. Morris' lodging. He 
 was out, but expected in. Stayed until ten, and then went to the 
 Hall and stayed till the Senate met. Our President is progressive 
 in reformation. He used to keep us until half after eleven, or a 
 quarter., at least. He was here this day at eight or ten minutes 
 before eleven, and, strange to tell, he was without a sword. 
 
 The impost bill, being the order of the day, was taken up, and 
 postponed until Monday. A resolution was handed to the Chair 
 by Ellsworth. It was for the Senate forming something like a 
 committee of the whole. However, it seemed to amount to nothing 
 more than a suspension of our rules for the time mentioned or 
 alluded to in it. Adjourned. I returned home to write letters. 
 
 An idea has gone abroad that the mercantile interest has been 
 exerted to delay this bill. The merchants have undoubtedly regu- 
 lated the prices of their goods agreeable to the proposed duties, 
 so that the consumers of dutied articles really now pay the whole 
 of the impost ; and whatever the proposed duties exceed the State 
 duties now paid is clear gain to the merchant. Some of them, 
 indeed, dispute the payment of the State impost. 
 
 No IK. The resolution adopted on this day appears from the journal to 
 have been : 
 
 Resolved, That all bills on a second reading shall be considered by the 
 Senate in the same manner as if the Senate were in a committee of the whole, 
 before they shall be taken up and proceeded on by the Senate, agreeably to 
 the standing rules, unless otherwise ordered. 
 
 On this day, William Grayson, from Virginia, appeared and took his seat. 
 He was added to the committee appointed on the 13th May, to define the 
 crimes and offenses that shall be cognizable under the authority of the United 
 States, and their punishment. 
 
56 SKETCHES OF DEBATP;S 
 
 The interim collection bill is rejected in the lower House ; and 
 the reason given is the most loose I ever heard assigned, viz : It 
 was said a better one was forming. Surely this was no parliament- 
 ary reason. Had any new bill been offered to the House had any 
 been in the hands of a committee, the reason would have justified 
 the measure ; but because it is said Mr. Williams, of Baltimore, is 
 making one, of his own motion, and without any order of the 
 House, it is not so proper. Perhaps it may turn out best. 
 
 May 22. Attended at the Hall at ten o'clock, and waited a whole 
 hour for the committee for arranging the rooms. They did not 
 meet. The Senate met. Soon after, the clerk of the lower House 
 attended with the bill for taking the oaths, which was presented to 
 the Chair. 
 
 The President rose and addressed the House : 
 
 I have, since the other day when the matter of my signing was 
 talked of in the Senate, examined the Constitution. I am placed 
 here by the people. To part with the style given me is a dereliction 
 of my right. It is being false to my trust. Vice President is my 
 title, and it is a point I will insist upon. 
 
 He said several other things ; then paused and looked over the 
 bill. He then addressed the Senate again, and, with great positive- 
 ness, told them that he would sign it as Vice President of the United 
 States and President of the Senate. 
 
 He asked Mr. Lee if it had been compared, and handed it to Mr. 
 Lee. I cannot say whether he signed it before he spoke to Mr. Lee 
 or after ; but it was not read, nor was any question whatever put 
 upon it whether it should be read, whether it should be signed, or 
 any other motion whatever. 
 
 Mr. Ellsworth got up and declared himself satisfied with that way 
 of signing it. Mr. Strong got up and thought it should be Vice 
 President alone. This is certainly a most egregious insult to any 
 deliberative body ; but as Patterson told me a day or two after the 
 gracious affair, that if I had not opposed that measure somebody 
 else would, I determined to see who would oppose this and all was 
 silence. Adjourned till Monday, at eleven o'clock. 
 
 Called on Mr. Morris this afternoon. Told him that murmurs 
 were abroad against the conduct of the Congress. That although 
 the duty was not collected for the use of the public, yet, as the rates 
 were in the possession of everybody, the merchants had raised then- 
 goods in proportion. That the public was now in the act of paying, 
 and the merchants gainers, for the public treasury got nothing. 
 That commercial influence was blamed for the delay. He replied, 
 " I suppose they blame me." I answered, these things were said 
 
IN THE FIRST SENATE OF TIM: UNITED STATES. 57 
 
 before you came to town. I desired him to appoint some time when 
 I could wait on him in order to examine the impost bill, that we 
 might be prepared for any amendment which we would offer. I 
 asked his opinion as to the height of the duties generally. He said he 
 wished to see the bill for collection, and to know under what penal- 
 ties smuggling would be prohibited. That from them he would 
 form an opinion whether they were too high or not. I replied that 
 they would not be too high with regard to the revenue raised, and 
 I would have the penalties and prohibitions against smuggling as 
 severe as possible ; and if, under the circumstances, the depravity 
 and villainy of people would render the impost unproductive, it 
 would, at. least, demonstrate the necessity of adopting some other 
 mode of supplying the treasury. 
 
 Saturday, 23d. This is a fine day, and all the world are run a 
 gadding. Mr. Dennis called this morning. He says the ship Chesa- 
 peake, from Bengal, is unloading at Amboy. The duties on this ship 
 would, by this act, have been about 8,000 some say ten. I am 
 much distressed with the delajr of Congress. The reputation of our 
 administration will be ruined. The merchants have already added 
 the amount of the duties to the price of their goods. In this point 
 of view the impost is levied, but not a farthing goes into the treas- 
 ury of the United States ; and all the difference between the State 
 duties levied and the proposed duties, is clear gain to the merchants. 
 In the Jerseys, it is all clear gain, for they have no duties ; and 
 vessels are daily crowding there to store their goods until the im- 
 post takes place. Delany's estimate of the impost for Pennsylvania 
 for a year was $863,623=323,858:12:6. Half of this taken for 
 the spring importation, is 161,929:6:6; as Pennsylvania is sup- 
 posed one half of the Union, if we were adopting States, the loss 
 would be 1,2954,34 : 10 ; and the devil of it is, that the sum will 
 actually be paid by the consumers. I could not bear my own 
 thoughts on th>s subject any longer. I considered it my duty to 
 go and rouse our Pennsylvania members. I called on the Speaker 
 and his brother first. They admitted all I said. From there, I went 
 to Mr. Scott. He said it^was undeniable. I endeavored to rouse 
 all of them. From there, I went to the lodgings of Fitzsimmons 
 and Ellsworth. Found Mr. Fitzsimmons. Declared my mind with 
 great freedom, and he heard me with more patience than ever I re- 
 member. He said he wished he had stuck to this business from the 
 beginning. That he had brought this draft of a bill, which was 
 committed to Gerry, Lawrence, and himself. He left it with Law- 
 rence, being an official man, to correct. That Lawrence kept it 
 three weeks, and did nothing. That then Gerry took it, and kept it 
 
58 SKETCHES OF DEBATES 
 
 two weeks, and put it in the hands of Mr. Williams, of Baltimore, 
 who had kept it until within three or four days. That it came from 
 Williams a most voluminous thing of more than forty pages. That 
 he would now stick to it until it was finished. 
 
 The foregoing calculation, founded on Delaney's estimate, is cer- 
 tainly much too high. But if we suppose the port of Philadelphia 
 to receive one fifth only of the importations, and throw one half off 
 for error and accidents, yet still the loss sustained will be near a 
 million and a half of dollars, and the greater part of this sum 
 actually remains as profit to the merchants. Mr. Fitzsimmons has 
 promised that the bill shall be reported on Monday. The Speaker 
 has promised to go among the members, and rouse them all in his 
 power. For my part, think what they will of me, I will not be 
 silent. 
 
 Sunday, 24th. I attended Mr. Morris, agreeable to appointment. 
 We did not perfectly agree about the preamble of the bill, but there 
 was no difference of consequence. It was verbal only. We came 
 to the discrimination between nations in treaty and those not. 
 Here we differed. He was totally against it. He used arguments. 
 I made some reply, but each retained his opinion. Mr. Morris said 
 that teas would bear more. He said double, and I agreed to it. I 
 alleged that all seven and a half ad valorem articles should be raised 
 at least to ten per cent. Mr. Morris seemed of the same way of 
 thinking. Mr. Morris, however, suddenly exclaimed, " Let us go 
 to Fitzsimmons ; he knows all about it he has been thinking on 
 the subject. I want to go and take a stroll somewhere." I thought 
 by this, he did not like close thinking. I have been of this opinion 
 before now. He has, however, a strong and vigorous mind, when 
 it does act. To Fitzsimmons we went, and found him very busy 
 at the bill. Mr. Carroll, of House of Representatives, came in. 
 We got on the discrimination. We were all of a different opinion 
 from Mr. Morris. We asked Mr. Fitzsimmons the reason of so 
 many articles being at seven arid a half, which we thought should 
 be ten, along with glass and china. He said there really was no 
 reason for it, but the House would not agree to it. 
 
 Mr. Morris proposed a jaunt to the Narrows, but no boat could 
 be got. We then walked up the North river to one Brannan's, who 
 has the green-house and garden. Here we dined. Mr. Morris often 
 touched me on the subject of my dislike to the Yice President. We 
 got on the subject of their salaries. Mr. Morris mentioned $20,000 
 for the President, and $8,000 for the Yice President. I opposed 
 both, but it was in the funny way, all of it. Mr. Morris had alleged 
 that the Vice President must see the foreign ministers, &c., as the 
 
IN THE FIRST SENATE OF THE UNITED STATES. 59 
 
 President could no* ., and the salary was to enable him to do so ; and 
 what obligation is he under to do so. Some of the Presidents of 
 Pennsylvania have had 1,250 to enable them to see strangers. 
 Some have not spent ten pounds per annum in that way. Strolled, 
 after dinner, about the house taken by the Vice President. Sat in 
 the shade. Crossed the fields, and came, at length, to Baron Pol- 
 nitz. This man we found sensible, and well informed. He has stud- 
 ied agreeableness, and has more . . . in that way 
 than I have seen before. I have heard him spoken rather disre- 
 spectfully of. This, however, I suppose flowed from the force of 
 our old habits, derived from the English, who seldom ever speak 
 well of a foreigner. I will see him again. It is said he has moved 
 in the highest stations of life, and seen much. But I intend to 
 hear from him, and perhaps will hear more of him in the meanwhile. 
 
 May 25. Went early to the Hall. The Senate met. The impost 
 bill was taken up, and, according to Ellsworth's resolution, we were 
 to act as if in a committee of the whole. But the President kept the 
 chair, and I thought it made Mr. Ellsworth look foolish. A mes- 
 sage was announced from the President by General Knox. Accord- 
 ing to the resolution, we were in committee ; but the President kept 
 the chair, and the General advanced and laid the papers (being very 
 bulky) on the table. Our President had given us a speech, before 
 the minutes were read, on the subject of receiving a message from 
 the President. His supreme delight seems to be in etiquette. 
 
 Wo sat on the impost bill, and debated long on the style of the 
 enacting clause. It was an old field, and the same arguments were 
 used which had formerly been advanced ; but the style of the law, 
 which had already passed, was adopted. 
 
 Now came the first duty of twelve cents on spirits of Jamaica 
 proof. We debated until a quarter past three ; and it was reduced 
 to eight. Adjourned. 
 
 When I came home in the evening, I told Mr. Wynkoop the bus- 
 iness of the day. He said things of this kind made him think 
 whether our style government in Pennsylvania was not best. Cer- 
 tain it is that a government with so many branches affords a large 
 field for caballing ; first in the lower House, and, the moment a 
 party finds a measure lost, or likely to be lost, all engines are set to 
 work, in the upper House. If they are likely to fail here, the last 
 attempt is made with the President ; and as most pains are always 
 taken by bad men to support bad measures, the calculation seems 
 in favor of the exertions and endeavors that are used more than in 
 the justness of the measure. 
 
 On the other hand, a fuller field is opened for investigation, but 
 
60 SKETCHES OF DEBATES 
 
 unfortunately, intrigue and cabal takes place of fair inquiry. Here 
 an observation forces itself upon me : That, in general, the further 
 any measure is carried from the people, the less their interests are 
 attended to. 
 
 1 fear that our impost bill will be rendered in a great measure un- 
 productive. This business is the work of the New England men. 
 They want the article of molasses quite struck out, or, at least, 
 greatly reduced ; therefore, they will strike at everything ; or, to 
 place it in a different point of view, almost every part will be pro- 
 scribed either by one or other of those who choose to be opponents, 
 for every conspirator must be indulged in the sacrifice of his par- 
 ticular enemy. I called on Mr. Fitzsimmons sometime ago to ex- 
 press my fears on this very head, and I wished him to consent to a 
 reduction of the molasses duty to four cents to avoid a thing of 
 this kind, but I was not attended to. Indeed, I thought he had the 
 best right to know. I felt too much confidence about that time in 
 the return of Mr. Morris. 
 
 May 26. Attended the Hall early. Was the first. Mr. Morris 
 came next, the President next. I made an apology to the Presi- 
 dent for the absence of our Chaplain, Mr. Linn. There had been 
 some conversation yesterday in the Senate, about the style of the 
 Bishop. It had been entered on the minutes right reverend. The 
 President revived this discourse, and got at me about titles. I 
 really never had opened my mouth on the affair of yesterday. He, 
 however, addressed to me all he said, concluding, you are against 
 titles. But there are no people in the world so much in favor of 
 titles, as the people of America ; and the government never will be 
 properly administered, until they are adopted in the fullest manner. 
 We think differently, indeed, on the same subject. I .am convinced 
 that were we to adopt them in fashion of Europe, we would ruin all. 
 You have told us, sir, that they are idle, in a philosophic point of 
 view. Governments have long been at odds with common sense. I 
 hope the conduct of America will reconcile them. Instead of add- 
 ing respect to government, I consider that they would bring the 
 personages who assumed them into contempt and ridicule. 
 
 Senate met. After some motions as to the business which should 
 be taken up, and the appointment of a committee of conference on 
 the mode of receiving communications from the President, the im- 
 post was taken up. 
 
 There was a discrimination of five cents, in favor of nations hav- 
 ing commercial treaties with us, per gallon on Jamaica spirits. Then 
 rose against all discrimination, Mr. Lee, Mr. Dalton, Mr. Izard, Mr. 
 Morris, Mr. Wingate, Mr. Strong. At first, they rather gave opin- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 61 
 
 ions than any arguments. I declared for discrimination. That if 
 commercial treaties were of any use at all, nations in treaty should 
 stand on better terms than those who had kept at a sulky distance. 
 But if we now treated all alike, we need never, hereafter, propose a 
 commercial treaty. I asked, if we were not called on by gratitude, 
 to treat with discrimination those nations who had given us a help- 
 ing hand in the time of distress. Mr. Carroll rose on the same side 
 with me. 
 
 I was, however, answered from all sides. All commercial treaties 
 were condemned. It was echoed from all parts of the house that 
 nothing but interest governed all nations. My very words were 
 repeated, and contradicted in the most pointed terms. I never had 
 delivered anything in the speaking way on which I was so hard run. 
 Strong, who is but a poor speaker, showed ill-nature. Said nothing 
 like reason or argument had been offered. It was insisted that this 
 discrimination was showing an inimical disposition to Great Britain ; 
 it was declaring commercial war with her. 
 
 I had to reply as well as I could. I alleged that these arguments 
 were against the whole system of administration under the old 
 Congress, and, in some measure, against the engagements entered 
 into by that body, although these engagements were sanctified by 
 the Constitution ; that Great Britain had nothing to do in this busi- 
 ness ; that nations in treaty were on terms of friendship. Stran- 
 gers had no right to be offended at acts of kindness between friends. 
 She might be a friend if she pleased, and enjoy these favors. On 
 the contrary, I thought our friends were the people who had a 
 right to be offended if no discrimination took place. 
 
 It had been asserted that interest solely governed nations. I 
 was sorry it was so much the case, but I hoped we would not in 
 every point be governed by that principle. The conduct of France 
 to us in our distress, I thought was founded, in part, on more gen- 
 erous principles. Had the principle of interest solely governed, she 
 would have taken advantage of our distress, when we were in abject 
 circumstances, and would have imposed hard terms on us, instead 
 of treating on the terms of mutual reciprocity. She likewise re- 
 mitted large sums of money. Was this from the principle of in- 
 terest only ? What had been the conduct of the two nations since 
 the peace ? Civility on the part of the French, and very different 
 treatment by the British. Our newspapers teemed with these ac- 
 counts. (Ellsworth had said, it has been asked if we are not called 
 on by gratitude, &c. I answered, no.) The answer no has been 
 given to the calls of gratitude in this business ; but the great voice 
 of the people at large would give a very different answer. So far 
 
62 SKETCHES OF DEBATES 
 
 as my sphere of knowledge extended, I had a right to say so. But 
 the sense of the people at large expressed by their representatives 
 in the clause before us, holds a different language. 
 
 Mr. Langdon spoke, and seemed to be of our opinion. I did not 
 hear a no, however, on the question, but Mr. Carroll's and my own. 
 All ran smooth now till we came to molasses. Till quarter after 
 three did the New Englanders beat this ground, even to the bait- 
 ing of the hook that caught the fish that went to buy the molasses. 
 The motion was to reduce it to four cents, from five. I had pre- 
 pared notes, but there was such an eagerness to speak, and finding 
 that we should carry it, I let them fight it out. The votes for four 
 carried. All the arguments of the other House were repeated over 
 and over. 
 
 May 27. Attended Senate. The minutes were read. I was as- 
 tonished to hear Strong immediately get up and begin a long har- 
 rangue on the subject of molasses. One looked at another. Mr. 
 Carroll had taken his seat next to me. Several of the gentlemen 
 murmured. At last Mr. Carroll rose, and asked pardon for inter- 
 rupting any gentleman ; but said that matter had been determined 
 yesterday. The President said the question had been taken on four 
 cents being put instead of five ; but no question had been taken on 
 the paragraph after it was amended. The whole sentence was on 
 molasses per gallon, four cents. That a second question should be 
 put on it was idle ; but it was plain that the matter had been agreed 
 on between the President and the New England men ; and, in all 
 probability, they had got some people, who voted for four yester- 
 day, to promise to vote for less to-day. 
 
 Dalton, however, got up, and made a long speech that some of the 
 gentlemen are absent, and particularly the gentlemen who moved 
 for the four cents ; and desired it might be put off until to-mor- 
 row. 
 
 Now came on wine of Madeira. All the arguments of yesterday 
 were had over again, and it was voted at eighteen cents. When we 
 came to loaf sugar, it was postponed. When we came to cables, the 
 New England men moved to postpone everything of that kind Mr. 
 Langdon being absent until we came to steel. I then moved an 
 adjournment, as it was near the time, for I wished Mr. Morris to be 
 here, as I expect a pointed opposition on that business, and as he 
 has got all the information on the most of subjects. I have been as 
 attentive as possible to get information, as far as my sphere of in- 
 fluence extended ; but the private communications of the citizens 
 of Philadelphia have, generally, been by letter to Mr. Morris, Mr. 
 Fitzsimmons, or Mr. Clymer. I regret that they furnish me with 
 
IN THE FIRST SENATE OF THE UNITED STATES. 63 
 
 none of this information. I must, however, serve my country as 
 well as I can. 
 
 The collection bill is at last reported. I cannot think but that 
 there has been studied delay in this business. The bill itself is said 
 to be a volume. It is ordered to be printed. 
 
 M:iy 28. Having found the opposition to run hard yesterday 
 against the impost, I determined to go this morning among all my 
 Pennsylvania friends, and call on them for any information which 
 they could give me in the way of their private letters, or otherwise. 
 I got an account of all the sugar-houses in Philadelphia from the 
 Speaker. Called on Mr. Morris. Told him the war on molasses 
 was to be waged again. Called on Mr. Clymer and Mr. Fitzsim- 
 mons. Got from Mr. Fitzsimmons a list of the Pennsylvania pro- 
 tecting duties. Then went to the Hall. I was here over an hour 
 before any person came. Langdon, Carroll, and the President 
 came. The discourse was general on the subject of government. 
 If our new government does well, (said our President.) I shall be 
 more surprised than ever I was in my life. Mr. Carroll said he 
 hoped well of it it would be sufficiently powerful. If it is, said 
 he, I know not from whence it is to arise. It cannot have energy. 
 It has neither rewards nor punishments. Mr. Carroll replied the 
 people of America were enlightened. Information and knowledge 
 would be the support of it. Mr. Adams replied information and 
 knowledge were not the sources of obedience. That ignorance was 
 a much better source. Somebody replied that it had formerly been 
 considered as the mother of devotion, but the doctrine of late was 
 considered rather stale. 
 
 I began now to think of what Mr. Morris had told me, that it 
 was necessar}- to make Mr. Adams Vice President, to keep him 
 quiet. He is anti-federal, but one of a very different turn from the 
 general cast. A mark ma} r be missed as well above as below. 
 
 Senate met. Cables, cordage, &c., came up. They stood at 
 seventy-five. Mr. Langdon spoke warmly against this. Mr. Morris 
 moved a reduction to fifty. I urged him so much that he said sixty. 
 This was seconded. I had to show some pointed reason why I 
 urged sixty. Indeed, it was -very much against my will that any 
 reduction took place. The protecting duties of Pennsylvania were 
 4/2 about fifty-six cents. To place the manufacturers of Penn- 
 sylvania, who had a claim on the faith of the State, on a worse ground 
 than they stood before, would be injurious, in a degree, to their 
 private property, and break the engagement the State had made 
 with them. This argument went to all the protecting duties of 
 Pennsylvania. Gentlemen had complained that they had no hemp 
 
64 SKETCHES OF DEBATES 
 
 in the Western States. This was the case of Pennsylvania. At 
 the close of the war, the protecting duties on cordage called for the 
 manufacturing of it. The manufacture called for the hemp. It was, 
 in fact, a bounty on the raising of that article. The effect of the 
 protecting duty in Pennsylvania, was at first felt by the importers. 
 It was, for a time, an unproductive expense. It is thus, almost, 
 with every distant prospect. He that plants an orchard, cannot im- 
 mediately eat the fruit of it. But the fruit had already ripened in 
 Pennsylvania, and so it would in other places. I was up four times 
 in all. We carried it, however, at sixty. 
 
 We passed on, with little interruption, until we got to twine. Mr. 
 Lee kept us an hour and a quarter on this business, because the 
 Virginians had hitherto imported their nets from Britain. Once for 
 all, I may remark of him, that he has given opposition to every 
 article, especially the protecting duties. He declares openly against 
 the principle of them. Grayson declared against all impost, as the 
 most unjust and oppressive mode of taxation. It was in vain Lee 
 was told he could be supplied with all the nets Virginia wanted, 
 from any part of New England. That what could be supplied from 
 any one part of the Union, should be protected by duties on the 
 importations of the same articles from foreign parts. It was low- 
 ered to one dollar and fifty cents. 
 
 And now for the article of molasses. 
 
 Lee declared the second question totally out of order. 
 
 It is true, parliamentary precedent might be alleged in favor of 
 such second question ; but in the present case I guessed some par- 
 ties had changed sides. From the discourse, it appeared to rne that 
 Few, of Georgia, had changed. 
 
 The President made a harangue on the subject of order. The 
 facts were all agreed to, viz : That it was agreed to strike out five 
 cents. That the first motion seconded was to insert two cents. The 
 second motion seconded was for three cents. The third motion sec- 
 onded was for four cents. That a very long and tedious discussion 
 took place with all the three motions before the Chair. That ad- 
 journment had been called for and negatived, expressly on the 
 avowed reason that the committee would first get rid of the article. 
 That the President mentioned from the chair that he would put the 
 question on four first, being the highest sum. The question was 
 put and carried, and the Senate afterwards adjourned. 
 
 The President made a speech, which really was to me unintelligi- 
 ble. He seemed willing to persuade the members that the above was 
 a very unfair mode of doing business, and that they had not an op- 
 portunity of declaring their sentiments freely in the above way. He 
 
IN TIIK FIRST SKNATK OF THE UMTKD STATES. 65 
 
 concluded, however, that after the four had been carried, it was in 
 order to move for any lower sum. 
 
 Mr. Morris rose, and declared it was with reluctance that he dif- 
 fered with the Chair on a question of order, and was beginning to 
 arum' on the subject. But the New England men, seeing their dar- 
 ling President likely to be involved in embarrassment for the un- 
 guarded steps he had taken in their favor, with one consent declared 
 they were satisfied to pass the article at present, and take it up in 
 the Senate. 
 
 Now came the postponed article of loaf sugar. Lee labored with 
 spite and acrimony in the business. He said the loaf sugar of 
 America was bad. It was lime and other vile compositions. He 
 had broke a spoon in trying to dissolve and separate it ; and so I 
 must go on breaking my spoons, and the three millions of people must 
 be taxed to support half a dozen people in Philadelphia. He pro- 
 nounced this sentence, especially the part about the spoon, with so 
 tremulous an accent, and so forlorn an aspect, as would have ex- 
 cited even stoics to laughter. There was a laugh, but no retort on 
 him. 
 
 I supported the motion by showing that the sugar baking busi- 
 ness was of importance, as it gave emploj^ment to many other arti- 
 ficers the mason, brick-maker, layer, carpenter, and all the arti- 
 ficers employed in building ; for they had to build largely. The 
 coppersmith, potter, and cooper were in much employ with them. 
 The business was in a declining state, and some sugar-houses dis- 
 continued. In Pennsylvania, the old protecting duty was 9/10 per 
 hundred weight, and the raw sugar was I/ per cent. Now there 
 was no protecting duty whatever, for one cent on the pound of 
 brown was in proportion to three on the loaf. The sugar baker 
 of Pennsylvania was, therefore, undeniably on a worse footing 
 than formerly, at least by the whole amount of the Pennsylva- 
 nia protecting duty ; and as he paid 6/6 per hundred weight more 
 on the importation of the raw material. The British, too, aimed at 
 a monopoly of this business, and gave a bounty of 26/ sterling on 
 exportation ; so that it became us to counteract them or lose the 
 manufacture. Mr. Morris and Mr. Dalton satisfied some gentlemen 
 as to the manner of importing sugars. I thought this as plain a 
 subject as could come before the House , and yet we divided, and 
 the President gave us the casting vote. He desired leave to give 
 us the reasons of his vote. This seemed to imply a degree of vanity, 
 as if among us all we had not placed the matter in a right point of 
 view. For my part, I was satisfied with his vote. It was now near 
 four o'clock. Adjourned. 
 5 
 
66 SKETCHES OF DEBATES 
 
 May 29. The article of steel was passed over with little difficulty, 
 and here, I confess, I expected a considerable opposition. Nails 
 and spikes were next. Here an opposition from the Carolina and 
 Georgia men led to an increase of the duty. Now came salt. Up 
 rose Lee, of the ancient Dominion. He gave us an account of the 
 great revenue derived from salt in France, England, and all the 
 world. Condemned the general system of the bill. Said this was 
 almost the only article in it that would reach the interior parts of 
 the State. The interior parts of the country, with their new lands, 
 could much better afford to pay high taxes than the settlers of the 
 exhausted lands. The carriage of it was nothing, for they all had 
 teams and fine horses. He concluded a lengthy harangue with a 
 motion for twelve cents, which, in his opinion, was vastly too low. 
 He was seconded by Mr. Carroll. 
 
 Ellsworth rose for an augmentation ; but said if twelve was lost, 
 he would move for nine. Lee, Carroll, Ellsworth, and Morris, 
 speakers in favor of the augmentation. Any reduction seemed out . 
 of the question with everybody. Against the augmentation, speak- 
 ers, Izard, Few, and self. I thought my friends on our side of the 
 question, were rather warm, and used some arguments that did not 
 apply well. They, perhaps, with equal justice, thought the same of 
 me. I advocated the new settlers. Endeavored to show that their 
 superior crops were justly due to superior labor ; that every acre of 
 new land cost from five to ten dollars per acre, clearing and fencing. 
 The expenses of new buildings were immense. Men spent an active 
 life often on a farm, and died with the farm in debt to them. New 
 settlers labored for posterity for the public. They were the real 
 benefactors to the community, and deserved exemption, if any did. 
 It had been said it was their choice. No ; necessity, dire necessity, 
 compelled many. But, were they exempted from the effects of 
 the other part of the bill ? No. They could raise no sheep ; of 
 course, no wool. Coarse duffels, blankets swan-skins, in a word, all 
 their woolens were imported, and they would, of course, pay the 
 impost on these articles from necessity ; which was not the case in 
 general with other citizens, who might either manufacture or buy, 
 as they had the materials. 
 
 But over and above this, luxuries would find their way among 
 them. All people down to the savage were fond of finery ; the 
 rudest, the most so. And I was convinced that the poor, the 
 amount of their several stocks taken into consideration, spent more 
 in superfluities than the rich. All these arguments apart, the article 
 of salt was the most necessary of any in. the bill, and, in proportion 
 to the original cost, was the highest taxed. It was a new and un- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 67 
 
 tried source of revenue in many of the States. It ought, therefore, 
 to be touched with a gentle hand, if at all. I knew not whether the 
 discontents would follow that had been predicted, and I hoped they 
 would not, but wished we could avoid giving occasion for any. 
 For these reasons, I should at present be for leaving it where the 
 wisdom of the other House had placed it. 
 
 The question was put. The House divided, and the President 
 gave it in our favor. 
 
 May 30. The Speaker called. He dined yesterday with the Pres- 
 ident. A number of the Senators were- present. The Pennsylva- 
 nians had agreed to call on Mr. Morris between ten and eleven. 
 Mr. Morris had yesterday mentioned that time as a convenient time 
 to him. The gentlemen of Congress have, it seems, called on Mrs. 
 Washington and all the congressional ladies. Speaker, Wynkoop, 
 and myself called on Mrs. Morris half after ten. Not at home. 
 Left our card. Being in the lady way, we called to see Mrs. Lang- 
 don and Mrs. Dalton. 
 
 June 1. The impost bill was taken up, and a number of articles 
 passed over. When we came to tea, the impost proceeded on a dis- 
 crimination in favor of our own ships. Here a motion was made by 
 Ellsworth, seconded by Lee, that went against all discrimination in 
 favor of our own shipping ; or, in other words, against any protect- 
 ing duty for the East India trade ; and, indeed, the arguments went 
 against the East India trade altogether. 
 
 I got up early in the business. I laid it down that the use of tea, 
 was now so general that any interdiction of it was impossible ; that 
 have it, the people would. If this was the case, common prudence 
 told us to get it from the first hand. That it was evident teas were 
 now obtained vastly cheaper than before our merchants traded to 
 China. This difference had been state'd at fifty per cent, on some 
 teas. It had been alleged against this trade, that it destroyed the 
 lives of seamen. The fact had been represented different to me, by 
 those who had made the voyage. It was the practice of all nations 
 to encourage their own trade ; but our permitting the British to 
 supplant us in this trade, was suffering them to encourage their 
 trade at our expense. 
 
 It had been said the British would take raw materials from us, 
 and give us teas. I was well informed that the Chinese took many 
 articles from us, and some that no other people would take. A de- 
 tail of these articles I had no doubt would be more fully entered 
 into by some of the gentlemen who would follow me. To talk of 
 not protecting a trade sought after by all the world, was a new phe- 
 nomenon in a national council. I, therefore, was clearly for the dis- 
 crimination. 
 
68 SKETCHES OF DEBATES 
 
 Mr. Morris followed, and he went most minutely into the India 
 trade. Showed that ginseng was a considerable article in that trade, 
 anchors, iron, masts, spars, naval stores of all kinds. He, in fact, 
 made it clear that a dollar, sent to Europe for East India goods, 
 would not import more than half a dollar sent to the East Indies. 
 The debate was amazingly lengthy. Both Few and Ellsworth said 
 the trade had been represented as flourishing. This it had obtained 
 without any protecting duties ; why, then, give any now. 
 
 I rose to information, and mentioned that the protecting duty of 
 Pennsylvania was two pence per pound, and the protecting duty of 
 the State of New York two pence ; and that the ill policy of with- 
 drawing these duties now, wnen the trade to the East was threat- 
 ened w T ith combination against it, was evident. 
 
 We got the discrimination carried, by nine votes against eight. 
 
 Now for the duty. Mr. Morris moved to raise all the tea duties. 
 This was lost. But I wish we had uniformly moved to raise ; for 
 by this means we secured it at the rate in the bill. 
 
 When we came to the real discrimination, now a great debate 
 arose. Four cents was the difference on Boheas ; and so, nearly in 
 proportion, Mr. Lee moved for eight ; avowedly on this principle, 
 that the four cents were more than the old protecting duty, under 
 which the trade had flourished. This debate was mostly conducted, 
 on our side, by Mr. Morris. I only showed that though the differ- 
 ence between six and ten cents was more than the old protecting 
 duties, the difference between six and eight was less ; and that the 
 gentlemen, on their own principle, should have moved for more than 
 eight. Bnt in the critical situation of the trade to the East, with 
 combinations in India, and ships fitted out at Ostend, and the in- 
 creasing endeavors of the English to engross the whole trade of the 
 East, the discrimination of four was not too much. Carried, at four 
 o'clock nine to eight. 
 
 In the first argument, I mentioned that if there had been any ex- 
 clusive company engrossing the India trade, there might be some- 
 thing in the arguments. This, however, was not the case ; nor could 
 it be. 
 
 June 2. After some preliminary business, proceeded on the im- 
 post bill, without much opposition, till we came to an enumeratiori 
 of fifteen or sixteen articles, which all stood at seven and a half per 
 cent. The most of these articles stood, in the old protecting duties 
 of Pennsylvania, at twelve per cent. I feared much the spirit of 
 reduction would get into the opposers of the impost, and that they 
 would be for lowering everything. From this sole motive I would 
 have moved an augmentation, by way of securing the duty where it 
 
Tx TIIK "FnisT SKXATK OF Tin; I'NITKD STATKS. 69 
 
 was. However, hero I had better ground. I set out with naming 
 over the greater part of the articles on which the protecting duties 
 of Pennsylvania were twelve and a half per cent. ; and thirteen per 
 cent, in Xew York. I reasoned, from the effect of these duties, on 
 the promoting the manufacture. But by the present duties, the 
 manufacturers would stand on worse ground, by five per cent., than 
 they had done under the States' laws ; that, although the United 
 States were not absolutely obliged to make good the engagements 
 of the State to individuals, yet, as individuals had embarked their 
 property in these manufactures, depending on the State laws, I 
 thought it wrong to violate those laws without absolute necessity. 
 
 I was, as usual, opposed by the southern people. Before I rose, 
 I spoke to Mr. Morris to rise and move an augmentation. He said, 
 no. 
 
 Mr. Few, of Georgia, asserted that the manufacturers of Penn- 
 sylvania would be better off under the seven and a half than they 
 had been under the twelve and a half per cent. Mr. Morris got up, 
 and asserted the same thing. I declare, I could not believe either 
 of them. Mr. Morris, however, stated the manufacture of paper 
 to be in the most flourishing condition imaginable, in Pennsylvania. 
 Said he was afraid to mention the amount of paper that had been 
 exported last year, lest he might not be believed. That it had been 
 stated to him at not less than 80,000. He went through the busi- 
 ness, down to gathering the rags in the street. 
 
 After this, it was in vain to say anything more ; but the effect 
 was, that it stood at seven and a half. 
 
 A number of articles were now raised to ten per cent. But what 
 surprised me was that Mr. Morris was against raising leather and 
 leathern manufactures, canes, walking-sticks, whips, ready-made 
 clothing, brushes, gold, silver, and plated ware, jewelry and paste 
 work, wrought tin and pewter ware. He gave no reason for this, 
 which is not usual with him. Some of the articles were, notwith- 
 standing, placed at ten, without him. His weight, in our Senate, 
 is great on commercial subjects. 
 
 Mr. Morris moved, at my request, to have cotton exempted for 
 some time, from duty. This carried by a kind of compromise. 
 
 We proceeded smoothly till we came to the drawback on fish, 
 \-( -.. and New England rum. Long conversations on this subject; 
 but agreed to. We expected a sharp debate on the drawback or, 
 . . in American vessels, but it passed nem. con. The 
 last clause Mr. Morris moved to expunge, but it was carried, and I 
 heard not a no but his own. It was now late, and we adjourned. 
 
 I omitted to mention, in its proper place, that Mr. Morris moved 
 
70 SKETCHES OF DEBATES 
 
 for ten per cent, on a long list of scythes, sickles, axes, spades, 
 shovels, locks, hinges, &c., &c., down to plow irons, but none of 
 them were carried, and, of course, stood in the mass of five per 
 cent. 
 
 June 3. At eleven, the Senate met. The clerk from the House 
 of Representatives came with a message, and brought up the law 
 about the oaths. 
 
 The impost was taken up, the title and preamble debated, and al- 
 tered a little, and now a lengthy debate took place, on a motion of 
 Mr. Lee to put off the consideration of the bill until Monday next. 
 I spoke first against the motion. I was for proceeding immediately. 
 The bill had been very long under consideration. -The public ex- 
 pectation had been tired. A million of dollars had been lost to the 
 treasury, and what was still worse, the people had paid the money ; 
 for the merchants had raised their goods, and the impost was in 
 actual collection on all the spring importations. That I wished the 
 new Government might stand fair with the public, and give no just 
 cause of censure at so early a period. 
 
 After very considerable debate, Mr. Morris moved that to-morrow 
 be assigned for the second reading in the Senate. This was agreed 
 to. 
 
 Now, a very long debate took place about the newpapers. All 
 the printers in the city crowd their papers into the hands of the 
 members. The bulk of the papers consist of advertisements. Use- 
 ful information ought not to be excluded ; but this is over-done. 
 The real mean appeared to me to be the taking of one or two papers 
 by each member. But one part of the House struggled for taking 
 all ; the other, for taking none. No vote could be carried for either ; 
 and, of course, the printers will continue their old practice of send- 
 ing, and expect payment. 
 
 June 4. Went to the Hall at ten, but found the members occupied 
 by two committees. Sauntered about till eleven ; rather disagree- 
 ably. Senate was formed. The minutes were read. They stood : 
 Mr. Langdon administered the oath to the Vice President the Vice 
 President administered, &c. The law is, the oath, &c., shall be ad- 
 ministered, by any one member of the Senate, to the President of 
 the Senate, and by him to all the members. And again : The Pres- 
 ident of the Senate, for the time being. 
 
 The minutes are totally under the direction of our President. 
 
 The Journal of the Senate stands thus : Ordered, THat Mr. 
 Langdon administer the oath to the Vice President ; which was 
 done accordingly. And the Vice President administered the oath, 
 according to law, to the following members : To Messrs. Langdon. 
 
Tx TIIK FMIST SKXATK OF THE UNJTKD STATI>. 71 
 
 Wingate, Strong, Dalton, Johnson, Ellsworth, Patterson, Maclay, 
 Morris, Read, Bassett, Carroll, Henry, Lee, Grayson, Izard, Few, 
 Guim. The same oath was, by the Vice President, administered to 
 the secretary, together with the oath of office. But now a discourse 
 was raised again, whether the members should be styled honorable 
 on the minutes The President declared, from the chair, that it was 
 a most serious affair, and a vote of the House should be taken on it. 
 He gave us a touch, again, on the subject was against using the 
 word unless right was added to it. He said a good deal to this 
 purpose. Lee was up in a moment for it. The President made us 
 a second speech. He said it was of great importance. If we took 
 the title honorable, it was a colonial appellation, and we should 
 disgrace ourselves, forever, by it that it was applied to the justices 
 of every court. 
 
 Up now rose Grayson, of Virginia, and gave us volley after vol- 
 ley against all kinds of titles whatever. Louder and louder did he 
 inveigh against them. 
 
 Lee looked like madness. Carroll and myself exchanged looks 
 and laughs of congratulation. Even the President himself seemed 
 
 struck in a heap Grayson mentioned the Doge of Venice 
 
 in his harrangue, as he was mentioning all the great names in the 
 world. Pray, do you know his title, said the President, from the 
 chair. No, says Grayson, smartly, I am not very well acquainted 
 with him. 
 
 We no\v took up the impost bill, and proceeded smoothly till we 
 come to the article of molasses. 
 
 It was the wish of a majority of the Senate, to have the question 
 without any debate. But now Mr. Dalton rose ; and we were obliged 
 to hear everything over again, which had been formerly advanced. 
 It was long and tedious. Some observations were just and perti- 
 nent, but many quite foreign to the purpose. 
 
 Dr. Johnson rose on the same side. Dalton was for lowering to 
 three cents ; but Dr. Johnson said he had been convinced that it 
 ought to be but two, or rather none at all. The drift of the Doctor's 
 arguments was : Molasses, imported, is either distilled, and then, as 
 a raw material, it ought not to be taxed ; or it is consumed by the 
 poor, as food, and so ought not to be taxed. So it ought not to be 
 taxed at all. 
 
 I'p rose Strong, and facing himself to the right, where Mr. Mor- 
 i-is :ind myself sat, fell violently on the members from Pennsylvania, 
 with insinuations that seemed to import that we wished to over- 
 charge New England witli an undue proportion of the impost. 
 AVhat was the most remarkable, Mr. Morris had whispered to n;e 
 
72 SKETCHES or DEBATES 
 
 that he would not get up on the business, but would attend with 
 the utmost attention to all their arguments, fully determined to 
 give them their utmost weight. But when this attack was begun, 
 I could see his nostrils widen, and his nose flatten like the head of 
 a viper. Ellsworth, however, got up before him, and this gave him 
 time to recollect himself. He rose after Ellsworth, and charmingly 
 did he unravel all their windings. It is too long to set down ; but 
 he was clear, strong, and conclusive. 
 
 I, in the meanwhile, busied myself in examining the abstract of 
 the importations into Philadelphia, given me by Delaney. In this 
 place, I cannot help remarking that there is something of a singular- 
 ity in my disposition. Although I was equally concerned, I really 
 felt joy on this attack, and the more so when I saw Mr. Morris was 
 moved. The bufferings that I used to get from some of these peo- 
 ple, in his absence, and the sentimental insults that I received, 
 seemed now to say, take you, too, a part. 
 
 When he had done, I rose, and repeated from their own observa- 
 tion, that the whole of the molasses imported into Massachusetts 
 was three millions of gallons. Two millions they distilled, and had 
 the drawback, if they chose to export it, so that this was totally 
 out of the question. That consumed in the State, in substance, 
 was the remaining million. But we imported, last year, so much 
 molasses into Pennsylvania, that, making sufficient allowance for 
 two distilleries that were worked, the remainder for consumption, 
 in substance was half a million. Was this the object to make such 
 a stir about? It was said some of the New England rum was 
 drunk in the State. Be it so. Take any given quantity, be it what 
 it may, it is consumed under a duty of four cents per gallon ; for, 
 the gallon of molasses yields, in .distillation, rather a larger than a 
 less quantity than gallon for gallon. But we import near one mil- 
 lion of gallons of spirits into Pennsylvania, and this is consumed 
 under a duty of from eight to ten cents. We imported, also, five 
 millions of raw sugar ; above one million of coffee, which was said 
 to be half of the coffee used in the United States ; besides a full 
 proportion of all other goods. I spoke not at random, or without 
 book. Here was the abstract in the handwriting of Sharp Delany, 
 the collector. Were we then the people for imposing unequal bur- 
 dens ? No. We were imposing no burdens of which we were not 
 about to bear a share ; a great, perhaps the greatest, share. 
 
 Dalton rose, and remarked on the great uncertainty of all calcu- 
 lations. He was, however, modest. A variety of people spoke. 
 Some heat seemed, at one time, to arise between Lee and Langdon. 
 There was a considerable shifting about the question. It was at 
 
IN THK FIRST SKNATK OF Tin-; UNITED STATES. 73 
 
 last settled that the question should be to reduce the duty to three 
 cents, expressly on the condition of taking away tho drawback. 
 Mr. Morris and myself both voted against it. Izard, Gun, and 
 some others, voted expressly on the condition of the drawback 
 being taken away. The others joined, but with a design of retain- 
 ing the drawback. So stands this curious affair till to-morrow. 
 Past three, and adjourned. 
 
 I must not omit that Carroll got up and spoke well on our side. 
 He stated the inequality of duty on molasses and sugar, as sweets ; 
 that a gallon of molasses was equal, as a sweet, to seven pounds of 
 good brown sugar. Seven cents on one, four on the other. 
 
 Friday, June 5. Called, this morning, on Mr. Fitzsimmons, and 
 got from him a list of the imposts into Pennsylvania and into Vir- 
 ginia. Went to the Hall, and waited until the meeting of the Sen- 
 ate. We now fell to the impost, and proceeded to the article of 
 loaf sugar ; and here they directly moved a reduction of one cent. 
 Lee and Ellsworth spoke against it, as formerly. I rose, and re- 
 peated the sum of the old arguments. Dr. Johnson, who was with 
 us before, now fell off. Dalton changed. It was reduced to three. 
 
 We swam on, smoothly, to the teas, imported from any other 
 country than China. This clause admitted all foreigners to come 
 directly to America, from China and India. 
 
 Dalton moved an amendment, that should confine the direct trade, 
 from India and China to the United States, to our own vessels. 
 
 Mr. Morris got up, and said that although he was, in sentiment, 
 with the gentleman, yet, as he believed it would not meet the appro- 
 bation of gentlemen, he would not second the motion, but leave the 
 matter until experience would fully show the necessity of it. 
 
 Mr. Carroll got up, said if the. matter was right, it should be 
 tried now, and "not wait for experiment, which might be attended 
 with detriment ; and seconded the motion. 
 
 And now, strange to tell, both Lee and Ellsworth rose, and sup- 
 ported the motion. I listened, with astonishment, when I recol- 
 lected the debates, on this very subject, on Monday last. The 
 whole trade to India was then inveighed against, condemned, and 
 almost execrated ; and, now, the very men declared for it, and for 
 securing it exclusively to ourselves. This change I cannot account 
 for. If there was any preconcerted measure, Mr. Morris certainly 
 knew nothing of it. One inference, however, follows clearly, from 
 the conduct of Lee and Ellsworth, that they are governed by con- 
 veniency or cabal. Had judgment been the rule of their conduct, 
 their behavior, on Monday, would not have been so inconsistent 
 with that of this day. I was content with the bill as it stood. 
 
74 SKETCHES OF DEBATES 
 
 The difference of duty, and the discount of ten per cent, in favor of 
 our own vessels, I thought pretty well for protecting our trade, 
 without absolutely excluding all the world. But I had another 
 reason. I doubt much whether the House of Representatives will 
 agree to our amendments. Every new one will, or may be a source 
 of dissension or delay. I have labored with all the diligence in my 
 power, to hasten on the impost ; but I am counteracted ; for what 
 can one man do. It now seems evident that remarkable influence 
 is exerted to delay the impost until they get in all their summer 
 goods. 
 
 Yesterday was the anniversary of his Britannic Majesty's birth. 
 It was a highday, and celebrated with great festivity, on that ac- 
 count. The old leaven of anti-revolutionism has leavened the whole 
 lump ; nor can we keep the Congress free from the influence of it. 
 
 People may act as they think proper in their elections, and they 
 will still do so. Lawyers and merchants are, generally, their choice. 
 But it seems as difficult to restrain a merchant from striking at gain, 
 as to prevent the keen spaniel from springing at game that he has 
 been trained to pursue. Habit, with them, is become a second na- 
 ture. Indeed, the strongest propensities of nature are often post- 
 poned to it. Lawyers have keenness, and a fondness for disputa- 
 tion. Wrangling is their business. But long practice in supporting 
 any cause that offers, has obliterated regard to right or wrong. 
 
 About two o'clock, the word levee, and adjourn, was repeated 
 from sundry quarters of the House adjourn to Monday. The 
 President caught hold of the last. Is it the pleasure of the House 
 that the adjournment be to Monday ? A single no would not be 
 heard among the prevailing ayes. Here are most important bills 
 before us, and }^et we shall throw all by for empty ceremony ; for 
 attending the levee is little more. Nothing is regarded at such 
 meetings but the qualifications that flow from the tailor, barber, and 
 dancing master. To be clean shaved, shirted, and powdered ; to 
 make your bows with grace, and to be master of small chat on the 
 weather, play, or newspaper anecdote of the day, are qualifications 
 necessary. Levees may be extremely useful in old countries, where 
 men of great fortunes are collected, as it may keep the idle from 
 being much worse employed. But here, I think, they are hurtful 
 They interfere with the business of the public, and instead of em- 
 ploying only the idle, have a tendency to make men idle who should 
 be better employed. Indeed, from these small beginnings, I fear 
 we shall follow on, nor cease till we have reached the summit of 
 court etiquette, and all the frivolities, fopperies, and expense prac- 
 ticed in European Governments. 
 
IN THE FIKST SKXATE OF THE UNITED STATES. 75 
 
 June 6. It was half past ten when Mr. B. called on me. He 
 seemed so earnest that I should go with him that I agreed to meet 
 him in half an hour at the Ferry House, and accompany him home. 
 The wind was high, and direct ahead. It was five when we reached 
 Elizabethtown Point. Here was Governor Livingston and a dining 
 party. They had eat their fish, and were sauntering on a porch. 
 Mr. B. introduced me to the Governor, a man plain and rather 
 rustic in his dress and appearance. I had often heard of his being 
 a man of uncommon abilities, and was all attention. But the occa- 
 sion offered nothing but remarks of a convivial kind. But we 
 learned that the old gentleman in returning late was overturned in 
 his chair, and much bruised. Heard, on my coming to my lodging' 
 of the arrival of two India men at Philadelphia, under command 
 of Barry and Truxton, who report all the rest to be on their way ; 
 and, now, perhaps, We shall get the impost and collection bills 
 passed. 
 
 On the Senate Journal, under date of Monday, June 8, it is stated 
 that Pierce Butler, from South Carolina, appeared, and took his 
 seat. 
 
 Tuesday, June 9. The bill imposing duties on tonnage was read 
 a first time, and Tuesday next was assigned for the second reading. 
 
 The Senate proceeded in the second reading of the bill for laying 
 a duty on goods, wares, and merchandise imported into the United 
 States, and Wednesday next was assigned for the third reading of 
 the bill. 
 
 The journal of Mr. Maclay proceeds : 
 
 June 9. Although I was not present yesterday, nevertheless 
 they were busy at the impost. The affair of confining the East In- 
 dia trade to the citizens of America had been negatived, and a com- 
 mittee had been appointed to report on this business. The report 
 came in with very high duties, amounting to a prohibition. But a 
 new phenomenon had made its appearance in the House since Fri- 
 day. Pierce Butler, from Carolina, had taken his seat, and flamed 
 like a meteor. He arraigned the whole impost law, and then charged 
 (indirectly) the whole Congress with a design of oppressing South 
 Carolina. He cried out for encouraging the Danes and Swedes and 
 foreigners of every kind to come and take away our produce. In 
 fact, he was for a navigation act reversed. 
 
 Ellsworth, Morris, Carroll, Dalton, Langdon for the report ; Few, 
 Izard, Butler, Lee against it. And until four o'clock was it battled, 
 with less order, less sense, and less decenc} r , too, than any question 
 I have ever yet heard debated in the Senate. 
 
76 SKETCHES OF DEBATES 
 
 I did not like the report well, but concluded to vote for it, all 
 things considered ; rather than, by rejecting it, to have all set afloat 
 on that subject again. Butler's party had conducted themselves 
 with so little decorum, that any effect their arguments might have 
 had was lost by their manner ; and nobody rose but themselves. 
 This was really the most misspent day that I remember in Congress. 
 I did not rise once, but often called for the question. 
 
 To-morrow is assigned for the third reading of the bill, and I hope 
 we will finish it; or at least send it down to the other House. If I 
 had stood in need of any proof of the instability of Lee's political 
 character, this day gave me a fresh instance of it. Now again, he 
 vilified and traduced the India trade. 
 
 June 10. Attended at the hall at the usual time, and the impost 
 bill was taken up for a third reading. I will not enter into any de- 
 tail of the speeches and arguments entered into. The lately-arrived 
 Mr. Butler is the most eccentric of creatures. He moved to strike 
 out the article of indigo. Carolina was not obliged to us for taking 
 notice of her affairs ; ever and anon crying out against local views 
 and partial proceedings ; and the most local and partial creature I 
 ever heard open a mouth. All the impost bill was calculated to ruin 
 South Carolina. He has words at will ; but scatters them the most 
 at random of any man I ever heard pretend to speak. He seems 
 to have a particular antipathy to Mr. Morris. Izard has often mani- 
 fested something of a similar disposition. 
 
 We sat until four o'clock, but did not get quite through it. 
 
 June 11. Attended the hall, as usual. Mr. Izard and Mr. Butler 
 opposed the whole of the drawbacks, in every shape whatever. Mr. 
 Gray son, of Virginia, warm on this subject. Said we were not ripe 
 for such a thing. We were a new nation, and had no business for 
 any such regulations a nation sui generis. Mr. Lee said draw- 
 backs were right, but would be so much abused he could not think 
 of admitting them. 
 
 Mr. Ellsworth said New England rum would be exported, instead 
 of West India, to obtain the drawback. 
 
 I thought it best to say a few words in reply to each. We were 
 a new nation, it was true ; but we were not a new people. We were 
 composed of individuals of like manners, habits, and customs with 
 the European nations. What, therefore, had been found useful 
 among them, came well recommended, by experience, to us. Draw- 
 backs stand as an example, in this point of view, to us. If the 
 thing was right in itself, there could be no just argument drawn 
 against the use of a thing from the abuse of it. It would be the 
 duty of Government to guard against abuses, by prudent appoint- 
 
IN r rin: FIRST SKNATK OF TIIK UNITED STATKS. 77 
 
 ments and watchful attention to officers. That as to changing the 
 kind of rum, 1 thought the collection bill would provide for this, 
 by limiting the exportation to the original casks and packages. 1 
 said a great deal more, but really did not feel much interested 
 either way. But the debate was very lengthy. Butler flamed away, 
 and threatened a dissolution of the Union, with regard to his State ? 
 as sure as God was in the firmament. He scattered his remarks 
 over the whole impost bill, calling it partial, oppressive, &c., and 
 solely calculated to oppress South Carolina ; and yet, ever and 
 anon declaring how clear of local views, how candid and dispassion- 
 ate he was. He degenerated into mere declamation. His State 
 would live free, or die glorious, &c., &c. We, however, got through 
 by three o'clock. 
 
 I will now memorandum one remark. The Senators from Jersey, 
 Pennsylvania, Delaware, and Maryland, in every act, seemed desir- 
 ous of making the impost productive, both as to revenue, and 
 effective for the encouragement of manufactures ; and seemed to 
 consider the whole of the imposts (salt excepted) much too low. 
 Articles of luxury, many of them would have raised one half. But 
 the members both from the north and, still more particularly, from 
 the south, were ever in a flame when any articles were brought for- 
 ward that were in any considerable use among them. 
 
 Dined this day with Mr. Morris. Mr. Fitzsimmons and Mr. Cly- 
 mer, all the compairy, except Mrs. Morris and three children. Mrs. 
 Morris talked a great deal after dinner. She did it gracefully 
 enough. This being a gayer place, and she being here considered 
 as at least the second female character at court. As to taste eti- 
 quette, &c., she is certainly the first. I thought she discovered a 
 predilection for New York ; but perhaps she was only doing it jus- 
 tice, while my extreme aversion, like a zealous sentinel, is for giving 
 no quarter. 
 
 I, however, happened to mention that they were ill supplied with 
 the article of cream. Mrs. Morris had much to say on this subject. 
 Declared they had done all they could, and even sent to the country 
 all about, but that they could not be supplied. She told many an- 
 ecdotes on this subject. Particularly how, two days ago, she dined 
 at the President's. A large and fine looking trjjne was brought to 
 table, and appeared exceedingly well, indeed. She was helped 1>\ 
 the President, but on taking some of it, she had to pass her hand- 
 kerchief by her mouth and rid herself of the morsel on which she 
 whispered the President, the cream of which it is made had been 
 unusually stale and rancid ; on which the General changed his pinto 
 
78 SKETCHES OF DEBATES 
 
 immediately. But, she added, with a titter, Mrs. Washington ate a 
 whole heap of it. 
 
 But where in the world has this trifle led me. I have ever been 
 very attentive to observe, if possible, General Washington's private 
 opinions on the pompous part of government. His address, fellow 
 citizens, to the two Houses of Congress, seems quite republican. 
 Mrs. Morris, however, gave us something on this subject. General 
 Washington, on a visit to her, had declared himself, in the most 
 pointed manner, for generous salaries ; and added, that without 
 large salaries proper persons never could be got to fill the offices 
 of government with propriety. He might deliver something of this 
 kind with propriety enough without using the word large. How- 
 ever, if he lives with the pompous people of New York, he must be 
 something more than human, if their high toned manners have not 
 some effect on him. On going first among Indians, I have observed 
 decent white people view them with a kind of disgust ; but when 
 the Indians were by far the most numerous, the disgust would, by 
 degrees, wear off indifference followed, and by degrees attachment, 
 and even fondness. How much more likely are the arts of atten- 
 tion and obsequiousness to make an imitative impression. 
 
 It is stated on the Senate Journal of the llth June, (inter alia,) 
 that the Senate entered on executive business, and received from 
 the President of the United States a communication in relation to 
 the functions and prerogatives of consuls, vice consuls, &c. 
 
 June 12. Mr. Lee, in behalf of the committee thereto appointed, 
 reported a bill to establish the judicial courts of the United States. 
 The Senate entered on executive business. 
 
 The journal of Mr. Maclay proceeds : 
 
 Attended the judicial committee, and had the bill read over. It 
 was long and somewhat confused. I was called out ; they, however, 
 reported it soon after the Senate met, and a number of copies were 
 ordered to be struck off. Monday se-night appointed for it 
 
 The Indian treaties were now taken up and referred to a commit- 
 tee of three to report. 
 
 Mr. Butler made a most naming speech against the judicial bill. 
 He was called to order from the chair, and was not a little angry 
 about it. 
 
 The French convention was called up and read, respecting the 
 privileges of consuls, vice consuls, &c., but was postponed. 
 
 We now adjourned, and I went to the levee. I was rather late. 
 Most of the company were coming, and I felt easier than I used to 
 do, and I believe I had better attend every day until I finish the 
 affair of Davy Harris. I spoke to Col. Humphreys, and desired to 
 
IN TIN-: FIKST SKXATK or THE UNITED STATES. 79 
 
 know when I should call on him. lie said nine o'clock. I believe 
 I will go at that hour to-morrow. In the evening Mr. White, of 
 Virginia, called on me. We walked after tea. Had much discourse 
 on the subject of removing Congress. I have not been mistaken in 
 my opinion of the Virginians. He declared for staying here rather 
 tliMii agree to the Falls of Delaware. As we came home the speaker 
 overtook us on horseback. 
 
 My mind revolts in many instances against the Constitution of 
 the United States. Indeed, I am afraid it will turn out the vilest 
 of all traps that ever was set to ensnare the freedom of an unsus- 
 pecting people. Treaties formed by the Executive of the United 
 States are to be the laws of the land. To cloak the Executive with 
 legislative authority is setting aside our modern and much boasted 
 distribution of power into legislative, judicial, and executive dis- 
 coveries unknown to Locke and Montesquieu, and all the ancient 
 writers. It certainly contradicts all the modern theory of govern- 
 ment, and in practice must be tyranny. 
 
 Mem. Get if I can the Federalist, without buying it. It is not 
 worth it. But being a lost book, Izard or some one else will give 
 it to me. It certainly was instrumental in procuring the adoption 
 of the Constitution. This is merely a point of curiosity and amuse- 
 ment, to see how wide of his (its) explanations and conjectures the 
 stream of business has taken its course. 
 
 June 15. Monday, attended at the Hall, and the tonnage act was 
 taken up. We got about half way through the first clause of it by 
 four o'clock. A clause stood : On all ships or vessels within the 
 United States, and belonging wholly to a citizen or citizens thereof. 
 Izard moved to have the latter part of it struck out, the effect of 
 which would have been that no discrimination would have been 
 made between our own citizens and foreigners. 
 
 Lee, Butler, Grayson, Izard, and Few argued in the most un- 
 ceasing manner, and I thought most absurdly on this business. 
 
 The first time, I made a short remark that the foreigner and citi- 
 zen must both build their ships in America ; and then, evidently, for 
 everything that followed, they stood alike. That the superior capi- 
 tal of the foreigners would enable them to build more ships lower 
 than us, and would, in time, give them the whole of our trade. That 
 the bill bore on the face of it a discrimination in favor of our mer- 
 chants, but the fact would turn out otherwise ; and, therefore, I was 
 for continuing the clause as it stood. 
 
 A little before the question was put, I rose a second time. Said 
 no former transaction was so likely to throw light on this subject 
 
 Mr. Reed rose, and was on his feet for an hour. He had to talk 
 
80 SKETCHES OF DEBATES 
 
 as a short history of the British navigation act. Cromwell origin- 
 ated it in spleen against the Dutch. But the effects of it were seen 
 before the Restoration, and it was then reenacted Great murmurs 
 arose. The Scotch thought themselves ruined, and sent their Peers 
 up to remonstrate against it. The tonnage of Great Britain then 
 stood ninety-five thousand two hundred and sixty-six. In fifteen 
 years, it was one hundred and ninety thousand five hundred and 
 thirty-three. In twenty years more, it was two hundred and seven- 
 ty-three thousand six hundred and ninety-three. The present ton- 
 nage of Massachusetts alone is now one hundred thousand. 
 
 It had been urged that it would be time enough half a century 
 hence to talk of measures for a navy. A single State was in a better 
 condition now, in point of shipping, than the British nations were 
 at the Restoration. Therefore, delay was the worst of policy. It 
 was generally allowed that the spirit of the navigation act was to 
 give a monopoly of the trade of the British nations to their own 
 shipping and sailors. In view solely mercantile, this was, perhaps, 
 wrong, as by these means our foreign articles would be dearer, and 
 our home produce cheaper. But the object was a national one. 
 Shipping and sailors were the objects, and, though the landed part 
 of the community was not, perhaps, so rich, yet the nation was safe, 
 for national power is of more consequence than individual wealth. 
 The suspension of the navigation act, it was believed, would be pro- 
 ductive of a great flow of wealth to the British nation, or, at least, 
 the manufacturing and agricultural part of it ; but the purchase 
 would cost them their shipping and sailors. And, finally, the for- 
 eigners would have a monopoly of the whole traffic, one of the worst 
 of evils, provided they conducted their navigation on terms of more 
 economy, as was generally believed of the Dutch. 
 
 But what were we doing. Were we passing a navigation act ? 
 No. A slight discrimination was all that was aimed at, and if the 
 motion was adopted, the discrimination would operate against us. 
 
 The question was put, and the clause remained. Near four, and 
 adjourned. 
 
 June 16. This day, passed the residue of the tonnage bill, with 
 much debate. Broke up early, and went to hear the debates in the 
 House of Representatives. After dinner, went and walked a con- 
 siderable time, to gain strength for my knee. 
 
 Some observations having called me up this day, I endeavored 
 to comprise all I had to say in as little bounds as possible, by ob- 
 serving that there were two extremes in commercial regulations 
 equally to be avoided. The principle of the navigation act might 
 be carried so far as to exclude all foreigners from our ports. The 
 
IN THE FIRST SENATE OF THE UNITED STATES. 81 
 
 consequence would be a monopoly in favor of the mercantile inter- 
 est. The other was an unlimited license in favor of foreigners, the 
 consequence of which would be a monopoly in favor of the cheapest 
 earners, and, in time, a total dependence on them. Both extremes 
 ouijlit to be avoided, by giving certain indulgences to our own 
 trade and that of our friends, in such degree as will secure them 
 the ascendency without hazarding the expulsion of foreigners from 
 our ports. 
 
 On an annexed leaf, under date of June It, 1789, he remarks: 
 The balloting business (see this hereafter referred to) prevented my 
 mentioning in order the more important debate on the tonnage 
 act. The amendments (for which we may thank the influence 
 of this city) for doing away the discrimination between foreigners 
 in and out of treaty with us, have been carried. It was in vain 
 that I gave them every opposition in my power. I laid down a 
 marked difference between impost and tonnage. The former impo- 
 sition is paid by the consumer of the goods ; the latter rests on the 
 owner of the ship, at least in the first instance. That sound policy 
 dictated the principle of encouraging the shipping of our friends ; 
 that nations not in treaty would not be considered as the most 
 friendly. I read the fifth article of the commercial treaty with 
 France, and denied that we had any power of imposing any ton- 
 nage on her shipping, save an equivalent to the one hundred sols 
 on coasters. I gave my unequivocal opinion, that a want of dis- 
 crimination in her favor was contrary to the spirit of the treaty, 
 and expressed fears of her resentment. 
 
 Ellsworth answered me ; but the most that he said was that our 
 interest called for it ; and he pledged himself that we would never 
 hear from France about it. But speaking was vain. I never saw 
 the Senate more listless or inattentive, nor more determined. 
 
 June IT. Called on Mr. Scott. Told him of the request of the 
 arrangement committee. Met, and made a short report. 
 
 The Senate formed, passed the residue of the impost bill, without 
 much debate. In now came Mr. Jay to give information respecting 
 Mr. Short, who was nominated to supply the place of Mr. Jefferson, 
 at the court of France, while Mr. Jefferson returned home. 
 
 And now the President rose to give us a discourse on the subject 
 of form how we should give our advice and consent. 
 
 I rose, perhaps more early than might have been wished by some, 
 
 and stated that this business was in the nature of election. That 
 
 the spirit of the constitution was clearly in favor of ballot that this 
 
 mode could be applied without difficulty. "When the person was 
 
 6 
 
82 SKETCHES OF DEBATES 
 
 
 
 put up in nomination, the favorable tickets should have a yea and 
 the others should be blanks. 
 
 Few, of Georgia, rose and seconded me. Izard made a long speech 
 against it. Mr. Carroll spoke against it Mr. Langdon and Mr. 
 Morris ; but Lee, Ellsworth, and Butler for it. Mr. Morris' speech 
 principally turned on its being below the dignity of the Senate, who 
 should be open, bold, and unawed by any consideration whatever. 
 
 I rose, at last, and spoke perhaps longer than I had done on any 
 former occasion. It had been considered unworthy of a Senator to 
 conceal any vote. The good of the public, however, required se- 
 crecy in many things ; but the ballot did not take away the right 
 of open conduct. On the contrary, it was the duty of every Sena- 
 tor to disclose the defects of any candidate, where they were great, 
 or might be attended with danger to the public. But, as the nomi- 
 nations came from the President, it was not to be expected that 
 characters notoriously flagitious would ever be put in nomination. 
 Every Senator, when voting openly, would feel inconvenience from 
 two quarters or, at least, he was subjected to it. I would not say r 
 in European language, that there would be court favor and court 
 resentment, but there would be about the President a kind of sun- 
 shine that people, in general, would wish to enjoy the warmth of. 
 Openly voting against the nominations of the President would be 
 the sure mode of losing this sunshine. This was applicable to all 
 Senators, in all cases. But there was more. A Senator, like an- 
 other man, would have the interest of his friends to promote. The 
 cause of a son or a brother might be lodged in his hands. Will 
 such a one, in such a case, wish openly to oppose the President's 
 judgment. 
 
 But there are other inconveniences. The disappointed candidate 
 will retaliate the injury, which he feels, against the Senator. It may 
 be said the Senator's station will protect him. This can extend 
 only to the time of his being in office ; and he, too, must return to 
 private life, where, as a private man, he must answer for the offenses 
 given by the Senator. The ballot left the judgment equally free, 
 and none of the above inconveniences followed. When, then, equal 
 advantages flowed, without any of the disadvantages, the mode least 
 subject to inconvenience was preferable. Many gentlemen had de- 
 clared how perfectly indifferent it was to them. I believed the same 
 thing of every Senator in the present House. But was this always 
 to continue ? No. We must expect men of every class and every 
 description within these walls. The present character of our Pres- 
 ident was no security that we should always have men equally em- 
 inent. That in those places where elections were conducted viva 
 
IN THE FIRST SENATE OF THE UNITED STATES. 83 
 
 voce, the hopes and fears of electors were so wrought on by the 
 wealthy, powerful, and bold, that few votes were given entirely free 
 from influence, unless it was by the happy few who were independ- 
 ent in spirit as well as in fortune ; that we need not expect the 
 Senate always to be composed of such desirable characters. It had 
 IK en clearly stated and admitted, that the mode by ballot was 
 equally applicable to the present case as that of viva voce ; and be- 
 ing free from any inconveniences that the other was subject to, 
 ought, undoubtedly, to be adopted. 
 
 June 18. And now the mode of approving or disapproving of 
 the nomination. I did not minute it yesterday'. But our President 
 rose in the chair, and delivered his opinion how the business ought 
 to be done. He read the Constitution, argued, and concluded ; I 
 would rise in the chair, and put the question, individually, to the 
 Senators : Do you advise and consent that Mr. Short be appointed 
 charge d'affaires at the Court of Prance ? Do you ? Do you ? 
 
 Mr. Carroll spoke long for the viva voce mode. He said ballot 
 was productive of caballing and bargaining for votes. He then 
 wandered so wide of the subject as to need no attention. 
 
 Mr. Ellsworth made a most elaborate harrangue. A great part 
 of it was, however, about the duty of our President, and inventing 
 a mode how he might also ballot in case of a division. He, how- 
 ever, towards the close of it, made a strange distinction : that voting 
 by ballot suited bashful men best ; but was the worst way for bad 
 and unprincipled men. 
 
 I wished to repeat nothing of what had been said yesterday, but 
 replied, that so far from balloting being productive of caballing, it 
 was the very bane and antidote against it. That men made bargains 
 for certainties , but it was in vain to purchase or bargain for a vote 
 by ballot, which there was no certainty of the party ever obtaining 
 as he had no method of securing the performance of a promise or 
 of knowing whether he was deceived or not. 
 
 As to the distinction, of balloting being the worst way for bad 
 men, I thought differently. The worst of men were known to re- 
 spect virtue. The ballot removed all extrinsic force or obligation. 
 It was the only chance of making a bad man act j ustly the matter 
 was left to his own conscience ; there were no witnesses. If he did 
 wrong, it was because he loved vice more than. virtue ; which, I be- 
 lieved, even among bad men, was not the fact, in one case out of 
 ten. The question was at last taken and carried by eleven votes 
 seven voting against it. Z. was so crooked he voted against us, 
 though he had spoken for us, and quoted Harrington to show his 
 reading. 
 
84 SKETCHES OF DEBATES 
 
 The people who lost this question manifested much uneasiness, 
 particularly the President and Mr. Langdon. Langdon was even 
 fretful. The President threw difficulties in our way. The Senate 
 had decreed their advice and consent by ballot. Nothing like this 
 in history, or ever heard of before. But what rank was Mr. Short 
 to hold in the diplomatic corps ? What kind of a commission was 
 he to have ? This must be settled by ballot. He set us afloat by 
 these kind of queries, and an hour and a quarter was lost in the 
 most idle discourse imaginable. He seemed willing to entangle the 
 Senate ; or, rather, some of them were entangled about the secre- 
 tary of the legation and the charge d' affaires, not knowing a dis- 
 tinction. We, however, got through it by a resolution, declaring 
 our advice and consent in favor of Mr. Short. 
 
 In an annexed memorandum, he further remarks as follows : 
 
 After having again explained the manner of concurring or reject- 
 ing a nomination by ballot, in a manner so plain as did not admit 
 of contradiction, I replied to the observation that no example of 
 anything of the kind could be found in history. That in the old 
 kingdom of Arragon, where, though the executive was monarchical, 
 yet that republican provisions had been attended to with unexampled 
 attention. The court appointed by the Justiza gave their sentence 
 by ballot ; and offered to produce history to the point, but was not 
 contradicted. 
 
 Took up the impost, and talked idly to past the usual time of ad- 
 journment. An adjournment called for, and took place, 
 
 I have ever been as attentive as I possibly could be to discover 
 the real disposition of the President. He has been very cautious 
 hitherto. The message about Mr. Short touches a matter that may 
 be drawn into precedent. It states the desire of Mr. Jefferson to 
 return for some time, and nominates Mr. Short to supply his place 
 during his absence. The leave for return, &c.,is not laid before the 
 Senate. Granting this power to be solely with the President, the 
 power of dismissing ambassadors seems to follow ; and some of the 
 courtiers in the Senate fairly admitted it. I chose to give the matter 
 a different turn, and delivered my opinion. That our concurring 
 in the appointment of Mr. Short fully implied the consent of the 
 return of Mr. Jefferson, That, if we chose to prevent the return of 
 Mr. Jefferson, it was only to negative the nomination of Mr. Short 
 or any other one to fill his place. It is the fault of the best gov- 
 ernors, when they are placed over a people, to endeavor to enlarge 
 their powers by applying to public stations what would be laudable 
 in private individuals, a desire of bettering their stations. Thus 
 the farmer acts well who, by industry, adds field to field. As so 
 
Ix THE FIRST SENATE OF THE UNITED STATES. 85 
 
 would the governor who would add to the public wealth or happi- 
 ness ; but adding to the personality, if I may so speak, or to the 
 personal power of the governor, is a faulty industry. A question 
 has been agitated with great warmth in the House of Represent- 
 atives whether the sole power of displacing officers, or, to speak 
 strictly, the Secretary for Foreign Affairs, shall remain with the 
 President. From the small beginning, in the case of Mr. Short, it 
 is easy to see what the court opinion will be with respect to this 
 point. Indeed, I entertain not a doubt, but many people are aim- 
 ing, with all their force, to establish a splendid court, with all the 
 pomp of majesty. Alas, poor Washington, if you are taken in this 
 snare. How will the gold become dim ? How will the fine gold be 
 changed ? How will all your glory fade ? 
 
 Friday, June 19. And now the impost bill, as sent back from the 
 House of Representatives, with an almost total rejection of our 
 amendments, was taken up. There was but little speaking. Mr. 
 Lee made a distinction, in his parliamentary way, between the word 
 insist and adhere, and it was carried to use the word insist. 
 
 After the two first articles were insisted on, Mr. Morris moved 
 that one question should be taken on all the other disagreements. 
 Saving time was his object ; but we only lost by it. He did not 
 seem to have been well understood. 
 
 I rose and explained his motion, and to his satisfaction, as he 
 said. The result of the whole was that we insisted on nearly all our 
 amendments ; and I suppose they will adhere to the original bill. 
 This really seems like playing at cross purposes, or differing for the 
 sake of sport. I voted on the principles of accommodation through- 
 out the whole. Indeed, this was but repeating my former vote. 
 Indeed, there was nothing to differ about only opinion founded on 
 conjecture. One imagined a thing was too high. Another thought 
 it too low to raise the money which we wanted. Others wished them 
 low, on purpose, that the deficiency might be so great that we would 
 be forced into an excise. I abhorred this principle, though my col- 
 league is fond of it. Adjourned over to eleven o'clock, on Monday. 
 
 Mr. Maclay continues : 
 
 The Judiciary Bill. 
 
 June 22. Attended the Senate. The bill for settling the new 
 judiciary was taken up. Much discourse about the mode of doing 
 business. We were in committee. The first and second clauses 
 postponed. A question taken whether there should be district 
 courts. Much wrangling about words. This was carried. 
 
86 SKETCHES OF DEBATES 
 
 But now Mr. Lee brought forward a motion nearly in the words 
 of the Virginia amendment, viz: that the jurisdiction of the Fed- 
 eral courts should be confined to cases of admiralty and maritime 
 jurisdiction. 
 
 Lee and Grayson supported this position. Ellsworth answered 
 them ; and the ball was kept up until past three o'clock. 
 
 The question was going to be put. I rose and begged to make a 
 remark or two. The effect of the motion was to exclude the Fed- 
 eral jurisdiction from each of the States, except in admiralty and 
 maritime cases. But the constitution expressly extended it to all 
 cases, in law and equity, under the constitution and laws of the 
 United States ; treaties made or to be made, &c. We already had 
 existing treaties, and were about making many laws. These must 
 be executed by the federal judiciary. The arguments which had 
 been used, would apply well if amendments to the constitution were 
 under consideration ; but, certainly, were inapplicable here. I sat 
 down. Some called for the question, and some for an adjournment. 
 
 The adjournment carried. 
 
 Strong, this day, in conversation, mentioned that the President 
 would continue no longer in office than he saw matters fairly set 
 going, and then Mr. Adams will begin his reign. 
 
 Mr. Maclay further observed, that Dr. Rush and himself puffed 
 Mr. Adams in the papers, and brought him forward as Yice Presi- 
 dent, and that this will probably make him President ; and that 
 their motive was to make him useful among the New England men, 
 in our scheme of bringing Congress to Pennsylvania, &c. 
 
 June 23. Attended at 'the hall a little after ten. Came into the 
 Senate chamber. There was nobody here but Mr. Adams. He was 
 in the great chair. When I came in, he left it ; came and sat near 
 me until he read a newspaper. Shifted to the chair next to me 
 
 NOTE. The judiciary bill was originated in the Senate. On the 7th of 
 April, the day after a quorum of the Senate was formed, as before observed, 
 Messrs. Ellsworth, Patierson, Maclay, Strong, Lee, Bassett, Few, and Win- 
 gate were appointed a committee to bring in a bill for organizing the judiciary 
 of the United States. On the 12th June, Mr. Lee, on behalf of the commit- 
 tee, reported a bill to establish the judicial courts of the United States. It is 
 stated in Flander's Life of Ellsworth, that the bill reported is in his hand- 
 writing, and is still preserved in the archives of the Government. It is there 
 added, that it passed with but little alteration from the original draft ; that it 
 is unknown what arguments were employed against it in the Senate ; but in 
 the House, it was decried, as wholly unnecessary ; as establishing a govern- 
 ment within a government, which would jostle and finally destroy each other. 
 A supreme court, with appellate jurisdiction, together with State courts of 
 admiralty, was the only system, it was said, that the necessities or wishes of 
 the people required. Mr. Livermore, of New Hampshire, declared that he 
 could not conceive the occasion of the new system, "unless to be to plague 
 man&twc?." - Flanders Life of Ellsworth, p. 159-60. 
 
Of THE 
 
 UNIVERSITY 
 
 OF 
 
 SI 
 
 IN THE FIRST SENATE OF THE UNITED STATES. 87 
 
 began a discourse on the subject of Pennsylvania. Said they were 
 " the best republicans in the Union. Their adoption was unequiv- 
 ocal. This could not be said of Boston, New York, or Virginia." 
 
 I replied, that we had, no doubt, our faults ; but certainly the 
 virtues of plainness, industry, and frugality would be allowed to us, 
 in some degree. That Federalism was general, but there was a gen- 
 eral abhorrence of the pomp and splendid expense of Government, 
 especially of everything which bordered on royalty. Several 
 members came in and joined us. 
 
 Senate formed, and the business of yesterday was taken up just 
 where we left it. The discourses of yesterday were all repeated. 
 Mr. Lee endeavored to give the whole business a new turn, to elude 
 the force of what I had said yesterday. According to his explana- 
 tion of admiralty and maritime jurisdiction, he would have taken 
 in a vast field. 
 
 I rose, and read over from the Constitution a number of the 
 powers of Congress, viz : collecting taxes, duties, imposts ; natur- 
 alization of foreigners ; laws respecting the coinage ; punishing the 
 counterfeiting of the coin ; treason against the United States, &c. ; 
 declared that no force of construction could bring these cases within 
 admiralty or maritime jurisdiction, and }^et all these cases were, 
 most expressly, the province of the federal judiciary. So that the 
 question expressly turned on this point, shall we follow the Consti- 
 tution, or not ? I said a good deal more ; but this was the sub- 
 stance. 
 
 Mr. Lee, after some time, opposed me with a very singular argu- 
 ment. He rose, and urged that the State judges would be all sworn 
 to support the Constitution ; that they must obe} 7 " their oath, and, 
 of course, execute the Federal laws. He varied this idea in sundry 
 shapes. 
 
 I rose, and opposed to this, that the oath taken by the State 
 judges would produce quite a contrary effect. That they would 
 swear to support the Constitution ; that the Constitution placed 
 the judicial power of the Union in one Supreme Court, and such 
 inferior courts as should be appointed ; and, of course, the State 
 judges, in virtue of their oaths, would abstain from every judicial 
 act under the Federal laws, and would refer all such business to the 
 Federal courts ; that if any matter made cognizable in a Federal 
 court should be agitated in a State court, a plea to the jurisdiction 
 would immediately be put in, and proceedings would be stayed. 
 No reply was made, the question was soon taken, and the motion 
 was rejected. 
 
 The first clause of the bill was now called for. Grayson made a 
 
SS SKETCHES OF DEBATES 
 
 long harangue. I mentioned that I thought this an improper time 
 to decide absolutely on this part of the bill. If the bill stood in its 
 present form, and the circuit courts were continued, six judges ap- 
 peared to be too few. If the circuit courts were struck out, they 
 were too many. That it would have pleased me better, but, as we 
 were in committee, I would not consider myself as absolutely bound 
 by anything that happened now ; but would reserve myself until 
 the second reading in the Senate. 
 
 Mr. Ellsworth rose, and made a most elaborate harangue on the 
 necessity of a numerous bench of judges. He enlarged on the im- 
 portance of the causes that would come before them ; of the dignity 
 it was necessary to support ; and the twelve judges of England in 
 the Exchequer Chamber were held up to view during the whole 
 harangue, and he seemed to draw conclusions that twelve were few 
 enough. 
 
 I readily admitted that the information respecting the English 
 courts was fairly stated. But in England the whole mass of litiga- 
 tion in the kingdom came before these judges the whole suits 
 arising from eight or nine millions of people. Here it was totally 
 different. The mass of causes would remain with the State j udges. 
 Those only arising from Federal laws would come before the Federal 
 judges, and there would, comparatively, be few, indeed. When they 
 become numerous, it would be time enough to increase the judges. 
 
 Mr. Grayson rose again and repeated his opinion, that numbers 
 were necessary to procure respectable decisions. 
 
 I replied that, in my opinion, the way to secure respectable de_ 
 cisions was to choose eminent Characters for judges that numbers 
 rather lessened responsibility ; and, unless they were all eminent, 
 tended to obsure the decisions. The clause, however, was passed. 
 
 Adjourned at the usual hour. 
 
 June 24. The bill for the judiciary was taken up. The first de- 
 bate that arose was whether there should be circuit courts, or courts 
 of nisi prius. This distinction was started by Mr. Johnson, from 
 Connecticut. Was adopted, and spoke long to by Mr. Butler. This 
 kept us most of the day. I did not give a vote either way indeed, 
 I do not like the bill. The vote was for district courts. 
 
 We proceeded to the clause about Quakers taking an affirmation. 
 I moved an amendment, that all persons conscientiously scrupulous 
 of taking an oath, should take the affirmation. 
 
 Great opposition to this. The Quakers abused by Izard Mr. 
 Morris and myself defended them. I read the constitution, by 
 which the affirmation is left open to every one, and called this whole 
 clause unconstitutional. The President himself may qualify by af- 
 
IN THE FIRST SENATE OF THE UNITED STATKS. 89 
 
 firmation the constitution does not narrow the ground of con- 
 science. I was up and down often on this business. A little after 
 three, the House adjourned. 
 
 Had a very long walk, this afternoon, with Mr. Contee and Mr. 
 Seney, of Maryland. They seem agreeable and accommodating 
 men. They are very willing to remove Congress from this place. 
 They named Harrisburg, I believe to try me. I said little in favor 
 of it ; but assured them that of two hundred acres, which I had ad- 
 joining that town, they should have one if they went there. 
 
 June 25. Attended at the Hall. First business was to take up 
 the impost bill. Concurred with the lower House about the style 
 of the enacting clause. (See note.) 
 
 But a spirit of great obstinacy was manifested with regard to the 
 fourth and fifth clauses. Mr. Morris, most pointedly, against dis- 
 crimination, &c., between nations in treaty, and others. Lee and 
 Ellsworth same. 
 
 The tonnage bill was read. The same difference occurred. Man- 
 agers of conference chosen on both bills. Mr. Morris, Mr. Lee, Mr. 
 Ellsworth. 
 
 Read the bill for the Department of Foreign Affairs. Laid on 
 the table. 
 
 And now took up the judiciary, and the affair of the affirmations. 
 Ran Ellsworth so hard, and the other anti-affirmants, on the anti- 
 constitutionalism of the clause, that they at last consented to have 
 a question taken, whether the clause should not be expunged ; and 
 expunged it was. Labored in the judiciary till three, and adjourned. 
 
 26th/ Attended the hall at the usual time. The managers were 
 met, and the conference begun. The Senate formed, but the man- 
 agers were absent at the conference. Some were for proceeding, 
 and others were for waiting. The members strayed to and from 
 the conference chamber. An adjournment was often spoken of ; at 
 last moved and carried. 
 
 Well may it be said that men are but children of a larger growth; 
 for, on this question being carried, there was the same flutter of 
 
 NOTE. From the proceedings of the House, on the impost bill, it appears 
 (see I Annals, 608-9) that Mr. Thatcher moved to agree to the amendments of 
 the Senate, in the enacting style, with an amendment. The House originally 
 sent the bill up in this form : " Be it enacted by the Congress of the United 
 States." The Senate proposed an amendment : " Be it enacted by the Senate 
 and Representatives." And Mr. Thatcher wished to add the words "House 
 of" before " Representatives " observing that the word Senate spoke of the 
 collective body of the Senators; and the word Representative alluded to the 
 individual members of this House only, and did not comprehend their legis- 
 lative function. There ought to be an equality in the enacting style. There- 
 fore the words " House of " were necessary. The motion was agreed to. 
 
90 SKETCHES OF DEBATES 
 
 joy among the members that I have seen among children in a 
 school, on giving leave ; and away all hurried, except a few that re- 
 mained a little to see if the conference would finish. Among them, 
 I was one who wished to know the result of the conference. 
 
 June 21. The Senate met. The managers of the conference re- 
 ported an agreement of a number of articles. But the bill was not 
 in the Senate. It seems when the conference was agreed to by the 
 Senate, and notice of such concurrence sent down to the House of 
 Representatives, our wise Secretary sent down the bills along with 
 the communication. I was for insisting that, in parliamentary lan- 
 guage, the bills were still before the Senate; they had been there 
 when the conference was appointed ; no vote of the Senate had been 
 passed to send them down ; the conference was appointed only on 
 the disagreement. There was a great deal said, the amount of 
 which resolved itself into this, that a mistake had been committed. 
 Mr. Morris said if the bills had been fairly in his possession, he 
 would have brought them back to the Senate. He actually went to 
 try to get them from the managers on the part of the House of 
 Representatives. There seemed to be a jealousy between the two 
 Houses, who should act first, as the one which acted last would re- 
 ject the bill, or, at least, have the blame of rejection, if the bill was 
 lost. Gentlemen could not reconcile themselves to act without the 
 bills, (for there were two of them, one on impost and the other the 
 tonnage act.) Some moved to act on the report of the managers. 
 After, however, much desultory conversation, it was agreed to take 
 up the bill for the judiciary. 
 
 We were proceeding on this, when a message was announced. 
 Sundry communications were brought by the clerk, and the amend- 
 ments of the Senate were all adopted, on the impost bill, save on 
 the articles of porter and coal. Such was the haste of the Presi- 
 dent, that he put one question on both these articles at once, and 
 both agreed to. But the tonnage bill was retained, and the prin- 
 ciple of discrimination between nations in treaty and those not, was 
 still adhered to by the House of Representatives, on this bill. 
 
 Made some further progress in the judiciary, and adjourned 
 about two o'clock. 
 
 Monday, 29. Attended at the Hall. Now for the judiciary. 
 I made a remark where Ellsworth in his diction had varied from 
 the Constitution. This bill is a child of his, and he defends it 
 with the care of a parent, even with wrath and anger. He kindled, 
 as he always does when it was meddled with. Lee, however, after 
 some time, joined me. Although the President showed himself 
 against us, we carried the amendment. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 91 
 
 We got on to the clause where a defendant was required, on oath, 
 to disclose his or her knowledge in the cause, &c. I rose, and de- 
 clared that I wished not to take up the time of the committee, as, 
 perhaps, few would think with me, (this I said in allusion to what 
 had happened in the committee when I had exerted myself in vain 
 against this clause ;) but that I would not pass, in silence, a clause 
 which carried such inquisitorial powers with it, and which was so 
 contrary to the sentiments of my constituents. Extorting evidence 
 from any person was a species of torture, and inconsistent with the 
 spirit of freedom. (My reason of acting thus was : I had spoke to 
 Mr. Morris, and found he would not second me in it, as Myers 
 Fisher had not taken notice of this matter in his letter.) Patter- 
 son, however, of the Jerseys, sprang up. Declared he disliked the 
 clause, and, having spoke a while, moved to strike it out. I then 
 rose, and declared, since one man was found in the Senate for strik- 
 ing it out, I would second him. 
 
 Up now rose Ellsworth, and, in a most elaborate harangue, sup- 
 ported the clause. Now, in chancery now, in common law, and 
 now common law, with a chancery side. He brought forward Judge 
 Blackstone, and read much out of him. 
 
 Patterson rose in reply, and followed him through these thorny 
 paths, as I thought, with good success. He showed, justly enough, 
 that Blackstone cut both ways, and nothing could be inferred from 
 him, but his ridiculing the diversity of practice between chancery 
 practice and that at common law. 
 
 Ellsworth heard him, with apparent composure. He rose, with 
 an air of triumph, on Patterson's sitting down. Now, said he, every- 
 thing is said that can possibly be said to support this motion. The 
 very most is made of it that ingenuity can perform ; and he entered 
 again the thorny thicket of law forms, and seemed to batter down 
 all his antagonist had said by referring all that was advanced to the 
 forms of law, with which everything had been shackled under the 
 British Government. He really displayed ingenuity in his defense. 
 He made repeated use of the term shackled, and how we were now 
 free, and he hoped we would continue so. 
 
 I determined to have a word or two at the subject. Said I was 
 happy to hear that the world was unshackled from the customs of 
 ancient tyranny. That there was a time when evidence, in criminal 
 cases, was extorted from the carcass of the wretched culprit by tor- 
 ture. Happily, we were unshackled from this ; but here was an at- 
 tempt to exercise a tyranny of the same kind over the mind. The 
 conscience was to be put on the rack. That forcing oaths or evi- 
 dence from men, I considered as equally tyrannical as extorting evi- 
 
92 SKETCHES or DEBATES 
 
 dence by torture ; and, of consequence, had only the difference be- 
 tween excusable lies and willful perjury. I hoped never to see 
 shackles of this kind imposed. Chancery had been quoted com- 
 mon law had been quoted, as practiced in England ; but neither 
 would apply to the present case. The party was to answer in chan- 
 cery ; but it was to the judge ; and his questions were in writing. 
 But here, by the clause, he must be examined in open court, before 
 the bench and jury, and cross-examined and tortured by all the ad- 
 dress and malice of the bar. I had further to add, that by the bill 
 of rights of the State that I had the honor to represent, no person 
 could be compelled to give evidence against himself. That I knew 
 this clause would give offense to my constituents. 
 
 Ellsworth rose, and admitted that three new points had been 
 started. He aimed a reply ; but, I thought, he missed the mark in 
 every one. 
 
 The rage of speaking now seemed to catch the House. Basset 
 was up Reed Strong ; and at it, we sat till half after three ; and 
 an adjournment was called before the question was put. 
 
 Ellsworth moved an amendment, that the plaintiff, too, should 
 swear, at the request of the defendant, just before the House ad- 
 journed. 
 
 June 30. Attended at the Hall at the usual time. The clause, 
 with Ellsworth's amendment, was taken up. 
 
 I rose first. Said that instead of the clause being amended, I 
 thought it much worse. That it was alleged with justice against 
 the clause, as it stood before, that great opportunities and tempta- 
 tions to perjury were held out, but this was setting the door fairly 
 open. The contest now would be who would swear most home to the 
 point. If I was against it before, I was much more so now. 
 
 Mr. Lee rose, and seemed to mistake the matter. I rose, and en- 
 deavored to do the business justice. 
 
 Up rose Ellsworth, and threw the common law back all the way 
 to the wager of law, which he asserted was still in force. 
 
 Strong rose, and took the other side in a long harangue. He went 
 back to the ancient trial by battle, which, he said, was yet unre- 
 pealed ; but said repeatedly there was no such case as the present. 
 
 Ellsworth's temper forsook him. He contradicted Strong with 
 rudeness. Said what the gentleman asserted was not fact. That 
 defendants were admitted as witnesses. That all might be witnesses 
 against themselves. Got Blackstone ; but nothing could be inferred 
 from Blackstone but such a thing by consent. 
 
 Patterson got up, and back he went to the feudal system. He 
 pointedly denied Ellsworth's positions. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 93 
 
 Bassett rose. Reed rose, and we had to listen to them all. The 
 question was, however, put first on Ellsworth's amendment, and was 
 lost. Next, on striking out, and it was carried. 
 
 The tonnage bill was taken up. We concurred in one clause, but 
 adhered in the next. 
 
 And now back to the judiciary. Mr. Lee moved that the post- 
 poned clause about the ambassadors, consuls, &c., should be taken 
 up. It was so. I saw Mr. Adams begin to fidget, with a kind of 
 eagerness or restlessness. He could not restrain himself long ; and 
 up he got to tell us all about ambassadors, other ministers, and con- 
 suls ; and what he did with his majesty here, and his majesty there ; 
 and how he got an answer in this case, and how he never got an 
 answer in that ; and how he had, with Mr. Jefferson, appointed Mr. 
 Barclay to the Emperor of Morocco and how the Parliament of 
 Bourdeaux mistook the matter, and dismissed Mr. Barclay from an 
 arrest, &c., &c. I could not help admiring the happiness of the 
 man. When he had occasion to refer to something said by Ellsworth, 
 he called him the right honorable gentleman. 
 
 July 1 , 1789. Attended at the Hall at the usual time. The clause 
 was taken up, of the judiciary bill, " that suits in equity shall not 
 be sustained in either of the courts of the United States, in any case 
 where a remedy may be had at law. 
 
 Dr. Johnson rose first against the clause. Ellsworth answered 
 him, and the following gentlemen, all in turn, Lee, Reed, Bassett, 
 Patterson, and Grayson. Strong spoke in favor of the clause. The 
 lawyers were in a rage for speaking. Many things were said in 
 favor of chancery that I knew to be wrong. Never was there a field 
 more beaten, from the first chancellor down. The lawyers seemed 
 all prepared to show their extensive reading. It was near three, 
 and I determined to say something. A case was often put, of a 
 man, covenanting to convey land, and dying before performance ; 
 that there was no relief without chancery. 
 
 I, however, rose, said much information had been given on this 
 important subject, but I wished for a great deal more. For in- 
 stance : I desired to know the number of attorneys and persons 
 employed in the law department in England, and the millions (for 
 it was said to amount to several) extorted by the law department 
 from that nation ; particularly, whether the sum so extracted did 
 not exceed the aggregate of the sums in dispute before the courts. 
 Whether any nation in the world, besides the English, would pay 
 their taxes and support such an expensive judiciary. That these 
 points being settled would afford matter of important advice to us, 
 whether it was prudent to imitate the famous English jurisprudence, 
 
94 SKETCHES OF DEBATES 
 
 in all its parts. That the advantages of chancery were, to my cer- 
 tain knowledge, overstated. That the famous case of the bond of 
 performance gave little trouble in Pennsylvania. That the person 
 having paid his bond, brought his suit, and the parties generally 
 consented to a judgment and sale of the lands, and the sheriff 
 made title. That I thought the clause a good one, and wished for 
 it to be more effectual to prevent the flowing of causes into that 
 tedious court. 
 
 Up rose George Reed, in angry mood. Said he had a cause of 
 the kind in Pennsylvania ; that he had consulted the ablest men 
 there, and received for answer there was no remedy in Pennsyl- 
 vania ; and asserted that the people of Pennsylvania wished for a 
 chancery, and many of them lamented the want of it. 
 
 I got up, declared as far as I knew the sentiments of the people 
 of Pennsylvania they disliked a chancery, but that many of them 
 knew not even the name. I never had heard any people speak in 
 favor of it, but some gentlemen of the bar and even among them 
 some doubted whether it would do most harm or good. That in 
 general it was considered, by those who knew anything of the mat- 
 ter, as the field where the gentlemen of the bar would reap the full- 
 est harvest, and, it was considered that they enjoyed a plentiful 
 crop as matters now stood. I stated the affair of the bond over 
 again, so plainly that Reed called out, " in case of consent, I grant 
 it." I had only to add, in case they do not consent, twelve honest 
 jurors are good chancellors, if not to give the land, at least to give 
 the value of it. 
 
 The clause stood on the question. The gentlemen of the bar, in 
 the House, seemed to have made a common cause of it, to push the 
 power of Chancery as far as possible. Mr. Morris seemed almost 
 disposed to join them. As we rose, he said, if I had spoke, I be- 
 lieve I should have differed from you about chancery. 
 
 This day the discrimination between the ships of nations in treaty 
 and those not, on the tonnage bill, was rejected in the House of Rep- 
 resentatives also, and, of course, the tonnage bill now passes. When 
 this doctrine was first treated in the House of Representatives, of 
 no discrimination, it was called toryism ; and there were but eight 
 votes for it on a division. But mark the influence of the city of 
 New York ; or, let me call it British influence. To work, they set 
 in the Senate ; and before the impost bill got up, they had secured 
 a majority to reject the discrimination. But some pretext was nec- 
 essary, even in the Senate. The discriminations in the impost and 
 tonnage bills were said to be arrant trifles no compensation for the 
 injuries our trade received. That a deeper mode of retaliation 
 
IN THE FIRST SENATE OF THE UNITED STATES. 95 
 
 should be entered on such as would effectually cure all disadvan- 
 tages, and carry the remedy to every particular disease, and retali- 
 ate on every nation, exactly in kind ; and where a disadvantage was 
 imposed, a corresponding one should be imposed by us, and not 
 chastise all nations out of treaty with the same punishment. As 
 to gratitude or national friendship, they were held not to exist ; and 
 all that was to be done with nations in treaty, was to observe the 
 terms of those treaties. A committee, therefore, of Mr. Morris, 
 
 Mr Langdon, and were appointed to examine the state 
 
 of our commerce, and to bring in a bill for the protection of our 
 commerce. But the discriminations are now struck out of both 
 bills, and I do not expect to hear anything more about the protect- 
 ing of our commerce, unless it should be taken up in the House of 
 Representatives. 
 
 July 2. Went this day to the Hall, at the usual time. The bill 
 for the judiciary was taken up. I really dislike the whole of this 
 bill ; but I endeavored to mend it in several places, and make it as 
 perfect as possible, if it is to be. the law of the land. But it was 
 fabricated by a knot of lawyers, who join hue and cry to run down 
 any person who will venture to say one word about it. This I have 
 repeatedly experienced, and when I am certain (for a man may some- 
 times be certain of being right) of having made obvious and proper 
 amendments, I have been pushed at, from both right and left, by 
 them, and not a man to second me. Be it so, however, this is no 
 reason that I should be silent. I run Ellsworth hard on the useless- 
 ness of part of this bill to-day ; and thought I had the advantage 
 in some of the answers I gave. But it was of little avail. Gray- 
 son, though a lawyer, told me yesterday, that it was in vain to at- 
 tempt anything. The people, who were not lawyers, on a supposition 
 that lawyers knew best, but follow the lawyers, and a party, were 
 determined to push it. I needed no information from him 011 this 
 head. 
 
 We, however, came to a clause, the import of which was, that on 
 bonds, articles of agreement, covenants, &c., the jury should find the 
 breach, and the judges assess the damages. I attacked this mixed, 
 half common law, half chancery proceeding accused the bill of in- 
 consistency ; that a clause had already been adopted, which extended 
 chancery where common law would afford a remedy. Here we had 
 a jury an(J common law acting with the cause, and we flew from it 
 to chancery powers. This was inconsistency. The jury were the 
 proper chancellors, in such a case, to assess the damages ; and I 
 liked them much better than the judges. They were from the vi- 
 cinity, and best acquainted with the parties and their circumstances 
 
96 SKETCHES OF DEBATES 
 
 When the judgment was by default or entered up, a jury of inquiry 
 of damages should ascertain the sum. 
 
 Strong made a long speech how this could not be done on the 
 principles of common law and chancery, and seemed willing to show 
 his accurate reading on these points; and concluded by saying 
 either he or the gentleman last up did not understand the principles 
 of these courts, for the gentleman was for doing what he thought 
 could not be done. 
 
 I rose quick to reply. Said the clause was before us the clause 
 was in our power what I wanted done was clearly expressed. I 
 hoped we were not always to be trammeled with the fetters of 
 English jurisprudence. That we would show we had judgment, 
 and would act for ourselves, independent of any forms, and con- 
 cluded with a question whether we were always to be considered as 
 empty bottles, that could contain nothing but what was poured into 
 them. 
 
 Several gentlemen now rose, and agreed with me in objecting to 
 the clause. But there seemed some difficulty in amending, and it 
 was postponed for amendment. 
 
 Attended at the Hall. Business went on at the usual time. It 
 was the judiciary which we were upon. Light and very trifling 
 debates in general. Mr. Reed got up, and kept hammering for a 
 long time, (as Mr. Morris termed it,) and really it was difficult to 
 say what he would be at. I did not embark in any debate until we 
 came to the clause empowering the judges, either on their own 
 knowledge, or complaint of others, to apprehend, bail, commit, &c. 
 
 I alleged that the judges would be of like passions and resent- 
 ments as other men. That they should not be both witnesses and 
 judges ; accusers and all. That the complaint, also, should be on 
 oath. I moved, therefore, to strike out those words, and insert: 
 Upon oath or affirmation made and reduced to writing, and signed 
 by the party, stating sufficient reason in law. 
 
 Lee, of Virginia, seconded me this time. But, according to cus- 
 tom, I had Ellsworth and the gentlemen of the bar up against it. 
 
 It was insisted that this was agreeable to the laws of England that 
 
 the oath of the judge would bind him to all this that a judge had 
 a right to use his private judgment, just as a jurj^man had a right 
 to act on his private knowledge. Ellsworth, Strong, Bassett, Gray- 
 son, and others, all up ; and volumes did they pour out. I could 
 not get speaking for a long time. I, however, made a short reply. 
 
 Said we were now framing the law which would be the rule of 
 conduct for the judges. That practice, such as the gentlemen in- 
 sisted on, had been used by judges ; and, from experience, we had 
 
IN THE FIKST SENATE OF THE UNITED STATKS. 97 
 
 learned the danger of it. Cases were known where the resentment 
 of a judge was the accusing spirit, and prejudice pronounced judg- 
 ment. Every part of English jurisprudence was not unexception- 
 able, nor would I blindly follow them in everything. That the case 
 adduced, of a juryman using private knowledge, would not apply. 
 A juryman, legally speaking, had no private knowledge; or, at least, 
 none that he ought to keep private. If he knew an3'thing pertinent 
 to the issue, he ought to disclose it, upon oath, to his fellows in 
 court ; and this was the law, in daily practice, upon it. If a judge 
 happened to be the only person having knowledge of the commis- 
 sion of a crime, let him apply to some other justice. This I had 
 known done. The case of a forcible entry did not apply to com- 
 mon practice, and yet, in this case, the justices would, generally, 
 bind over witnesses to prosecute. 
 
 I hinted at some other points of the clause as imperfect, and said 
 much more before I sat down ; particularly as to the dangerous 
 ground on which we trod ; considering the interference, or the 
 very possible interference, of the Federal and State Legislatures ; and 
 the giving more power over the liberty of the citizen to the former, 
 than was usually practiced by the latter, would not fail to sow the 
 seeds of dissention. 
 
 July 4. This, the anniversary of American independence. The 
 day was celebrated with much pomp. The Cincinnati assembled 
 at St Paul's church, where an oration was pronounced by Col. Ham- 
 ilton, in honor of General Green. The church was crowded. The 
 Cincinnati had seats allotted for themselves wore their eagles at 
 their button-holes and were preceded by a flag. The oration was 
 well delivered the composition appeared good, but I thought he 
 should have given us some account of his virtues as a citizen, as 
 well as a warrior, for I suppose he possessed them, and he lived 
 some time after the war, and, I believe, commenced farmer. 
 
 July 6. The judiciary was taken up, and the residue of it passed, 
 without any interesting debate. Our President called for the sense 
 of the House, when it should be read a third time. The members 
 showed plainly that they considered it as not having been touched 
 in Senate, on second reading all that had passed having only been 
 in committee. The President insisted that the bill had been twice 
 read. So it certainly had but the second reading was in a com- 
 mittee of the whole Senate. He said former bills had been treated 
 just as he wanted this one treated. We knew, or at least I knew, 
 that this was not the case. He showed a peevish obstinacy, as I 
 thought. He does not like the doctrine of a committee of the Sen- 
 ate ; nor has he ever submitted to it, for he ought to leave the chair. 
 7 
 
98 SKETCHES OF DEBATES 
 
 To-morrow, however, was assigned for the third reading, with a kind 
 of saving privilege to make amendments. 
 
 Mr. Morris came in a little before we broke up. He put into my 
 hands the letter and remarks of our chief justice, on the judiciary, 
 directed to us jointly. But the Attorney General's remarks, and 
 Judge Hopkinson's, I have not yet had the opportunity of perusing. 
 
 Thursday assigned for the bill for foreign affairs ; Friday, for the 
 Department of War ; and Monday next, for the Treasury Depart- 
 ment. 
 
 July f . Attended the Hall at the usual time. The judiciary was 
 taken up for a third reading. I can scarce account for my dislike 
 to this bill ; but I really fear it will be the gun-powder plot of the 
 constitution. So confused and so obscure, it will not fail to give a 
 general alarm. Ellsworth has led in this business, backed with 
 Strong, Patterson, Reed often, Bassett seldom. 
 
 We came to the clause which allowed the district judges to sit on 
 the hearing of appeals from themselves. I did not rise to oppose 
 this. Gray son, however, got hold of it, and hammered hard at it. 
 Bassett rose and took, partly, the same side. Now I thought the 
 matter in a hopeful way. Ellsworth immediately drew an amend- 
 ment, as he said, to cure their objections, though it was nothing like 
 the matter. I drew a clause nearly in these words : Provided that 
 no district judge shall sit on the re-hearing of any cause formerly 
 adjudged by him. We got Ellsworth's motion postponed, to put a 
 question on it. It was agreed that the sense of the House should 
 be taken on this. We carried it, and I rose and said, since the sense 
 of the House was declared on this subject, I wished some of the gen- 
 tlemen of the bar to frame a clause in the spirit of the determina- 
 tion that the effect of the determination would reach further than 
 
 tne present clause, for it would prevent the circuit judge from sit- 
 ting, in the Supreme Court, on an appeal where he had given origi- 
 nal judgment. This was agreed to, and so we killed two birds with 
 one stone. 
 
 The most trifling word catching, employed us till after three 
 o'clock. 
 
 July 8. Attended, as usual, this day at the Hall. The judiciary 
 was taken up. Ellsworth by far more accommodating, this day, 
 than I ever knew him. We sat the usual time, but the debates were 
 very trifling, indeed, and not one worth committing to paper. The 
 chief justice of Pennsylvania, Mr. Wilson, Myers Fisher, the 
 Speaker, Mr. Peters, Tench Coxe, and sundry others, have, in their 
 letters, approved of the general outlines of the bill. Any amend- 
 . Tliis was afterwards altered. 
 
Ix THE FIRST SENATE OF THE UNITED STATES. 99 
 
 s which they have offered have been of a lesser nature. I own 
 the approbation of so many men of character for abilities has less- 
 ened my dislike of it, yet I cannot think of the expense attending 
 it, winch I now consider as useless, without a kind of sickly qualm 
 overshadowing me. Bradford's and Judge Hopkinson's remarks I 
 have not yet seen, nor need I now care about them, as we will prob- 
 ;t!>ly finish it to-morrow. 
 
 July 9. A great part of this day was taken up with light debates, 
 chiefly conducted by the lawyers, on both sides, and the object 
 seemed to be the increasing the powers of chancery. Ellsworth 
 has credit with me. I know not, however, whether it be the effect 
 of judgment, whim, or caprice, but he is, generally, for limiting the 
 chancery powers. Mr. Morris and myself differed in every vote 
 this dav. We always have differed on the subject of chancery. 
 
 This day I got copies of the three bills for the great Departments. 
 Besides being calculated on a scale of great expense, two grand 
 objections offer themselves on these bills : the lessening of the power 
 of the Senate, taking away from them any vote in the removal of 
 officers, and the power of advising and consenting in one case of 
 the first consequence ; and the other, the placing the President 
 above business and beyond the power of responsibility, putting 
 into the hands of his officers the duties required of him by the 
 Constitution. Indeed, these appear to me to have been the moving 
 reasons for bringing forward the bill at all. Nor do I see the ne- 
 cessity of having made this business a subject of legislation. The 
 point of view in which it presented itself to me was, that the Presi- 
 dent should signify to the Senate his desire of appointing a minis- 
 ter of foreign affairs, and nominate the man. And so, of the other 
 necessary departments. If the Senate agreed to the necessity of 
 the office, and the man, they would concur , if not, they would 
 negative, &c. The House would get the business before them when 
 salaries came to be appointed, and could thus give their opinion by 
 providing for the officer or not. I see this mode might be abused. 
 But for the House of Representatives, by a side wind, to exalt the 
 President above the Constitution and depress the Senate below it, 
 
 is but I will leave it without a name. They know the veneration 
 
 entertained for General Washington, and believe the people will be 
 ready to join in the cry against the Senate, in his favor, when they 
 endeavor to make him a part} r . They think they have fast hold of 
 us, and that we dare not refuse our assent to these bills, and so 
 several of them have not failed to declare. 
 
 July 10, 1789. This day the lawyers showed plainly the cloven 
 foot of their intention in the House. Reed, Bassett, Patterson. 
 
100 SKETCHES OF DEBATES 
 
 Johnson, Grayson, and others had got a hasty kind of amendment 
 passed late yesterday. The amount of it was, that in the circuit 
 courts, under the name of equity, they should have all the deposi- 
 tions copied and sent up, on an appeal, to the Supreme Court as evi- 
 dence, on the rehearing of facts, or words to that import. I had 
 some conversation with Ellsworth, in the morning, about it, and of- 
 fered to him to move for a reconsideration of the matter. He wished 
 to reserve this business for himself, however. He, accordingly, 
 moved the reconsideration, in a lengthy speech, and was seconded 
 by Strong. At it they now went ; and until after three, scarce a 
 word could be got in edgewise, for the lawyers. Butler, though 
 lame, bounced up twice. I wished to speak, but could not get leave. 
 The President got up in the chair. I rose, and told him I wished 
 to say a word or two. Sir, I am no professed admirer of the ju- 
 dicial system before you, but the best part of it is the circuit courts. 
 These, sir, the amendments of yesterday, will render abortive. The 
 seeds of appeal and the materials, too, pro vide for every cause. The 
 system of delay is so firmly established, and the certainty of pro- 
 crastination such, that justice never can be obtained in it. Let us 
 follow the scheme a moment : The depositions are taken, and carried 
 up six or seven hundred miles, to a Federal court. But, by the 
 law, they cannot be used, if the part}' is able to attend. The wit- 
 ness is subpoenaed, but does not attend. An attachment issues, but 
 the party will kill the messenger, run to the woods, fly to the In- 
 dians, rather than attend. Well, but the court can issue a dedimus 
 potestatem, and commissioners may be appointed ; and in three or 
 four years the testimony may be collected. Well, and what now ? 
 Is the fact to be tried by chancery powers ? I am bold to say that 
 no issue of fact ever was tried or found, for or against, in chancery. 
 Facts often were carried into chancery, as evidence ; but, if they 
 were doubted of, issue Vas joined on them, and directed to be tried 
 by a jury. But now the business unfolds itself. Now we see what 
 gentlemen would be at. It is to try facts on civil law principles, 
 without the aid of a jury ; and this, I promise you, never will be 
 submitted to. 
 
 The question was put, and we carried it. 
 
 But the House seemed rather to break up in a storm. Here a 
 leaf from the journal has been destroyed, which was under the date 
 of Saturday, July 11. The next entry in the journal is under date 
 July 11, 1789, as follows : Should go to the nearest stack of wheat, 
 rye-straw, hay, or such like material, and draw out two stems; one 
 in the name of each party, and the longest should win the cause. 
 He showed it to me. I gave him a hearty laugh of approbation. 
 
IN TIIK FIRST SENATE OF THE UNITED STATES. 101 
 
 Not, indeed, that I admired either the wit or novelty of it; but I 
 considered it as the index of a sure vote. But I was mistaken. He 
 voted against us, and the clause was lost. 
 
 I could see an air of triumph in the visages of gentlemen of the 
 bar, Ellsworth excepted, who has really credit with me on the whole 
 of this business. The part he has acted in it, I consider as candid 
 (bating his caballing with Johnson) and disinterested. Mr. Lee, of 
 Virginia, was for the clause, and spoke well. 
 
 As we came down the stairs, Doctor Johnson was by my side. 
 Doctor, (said I,) I wish you would leave off using these side winds, 
 and boldly, at once, bring in a clause for deciding all causes on civil 
 law principles without the aid of a jury. No, no, said he, the civil 
 law is a name I am not very fond of. I replied : You need not care 
 about the name, since you have got the thing. 
 
 The 12th was Sunday. I was ill last night. My swelled knee 
 gave me great pain, .and prevented my rest. Put on flannel, and 
 stayed at home all day. Had no book but Buchan's Family Physi- 
 cian. Read a good deal in it. What a lazar house the world is. 
 Surely the pleasures of life are as chaff in the balance against pon- 
 derous lead, compared with the ills and dolors of the human race. 
 Infinite wisdom surely shows us but a small part of His works. 
 There must be a balance somewhere. Or shall we view it in another 
 light ? That the only good we enjoy is the effect of prudence. 
 Alas, she does not always command it. It is in vain, however, to 
 attempt to rend the impenetrable veil that conceals the mysterious 
 ways of Providence. 
 
 July 13. I forgot to minute yesterday that late in the afternoon 
 Charles Thomson visited me. We had much chat of the political 
 kind. He showed a great disposition to go into the field of the 
 President's power. He was clearly of opinion that the President 
 ought to remove all officers, &c. Indeed, he said so much on this 
 subject that I had like to have entertained a suspicion that he came 
 on purpose to sound, or rather prepare, me on the subject. I agreed 
 to sundry of his observations, at the same time dissented, in plain 
 but not pointed terms, from some other things. Perhaps, this is 
 the best way on the whole for an independent man to act. Honesty 
 on the whole is the best policy. I really feel for Mr. Thomson's 
 situation. A man who has been the graphic of the old Con- 
 
 gress ; the hand and pen of that body from their first organization ; 
 and who, I feel a kind of certainty of the fact, wished to die in an 
 eminent office, would not suffer his friends to continue him Secretary 
 of the Senate ; and his enemies have taken advantage of it, and de- 
 
102 SKETCHES AND DEBATES. 
 
 clared him out of office, and mean to keep him so. It was certainly 
 bad policy of him to refuse the offer of his friends. The political 
 door is harder to be opened than any other, if once it is thrown in 
 a man's face. 
 
 The Senate met, and Mr. Bassett's motion, with respect to the 
 effect of a writ of error as a supersedeas to an execution, was taken 
 up. Mr. Reed spoke long in support of the motion. Mr. Ellsworth 
 equally long against it. I rose, and made sundry remarks ; and 
 the amendment was carried. It was not a material one, however, 
 in the bill. 
 
 While the minutes were reading, I stepped to Ellsworth, and 
 asked if he would not join me in an attempt to regain the clause we 
 had lost on Saturday. He paused a little, and said he would. 
 
 Mr. Ellsworth rose, and spoke long on the subject of a discrim- 
 ination or some boundary line between the courts of chancery and 
 common law. He concluded with a motion nearly in the words of 
 the clause we had lost. Mr. Lee and myself both rose to second 
 the motion. Mr. Lee, however, sat down, and left me up. I, there- 
 fore, determined to avail myself of my situation, and say something. 
 Declared my concurrence of sentiment for limiting chancery strictly. 
 As the bill stood, chancery was open to receive everything. In 
 England, where by the letter of the law, no suit could be brought 
 in chancery if the common law afforded a remedy, yet such was the 
 nature of that court, and so advantageous had it been found to the 
 practitioners, that it had encroached greatly on the common law. 
 Gentlemen would not consider this as an inconvenience. So high 
 were their ideas of English jurisprudence, .they said all the world 
 admired it, and every member of this House must admire it. (This 
 was Doctor Johnson's language on Saturday.) I was ready to ad- 
 mire it too, but I would first endeaver to describe it. 
 
 English Jurisprudence and Chancery. 
 
 It (English jurisprudence) consisted of a great number of grades 
 of courts, rising in succession over each other, common pleas, 
 King's bench, exchequer, chancery, &c., so admirably organized 
 and connected that the one was generally ready to begin where the 
 other ended ; and so formed, that as long as a client had money 
 he might purchase delay, or in other words get law for it. That 
 in England, at this time, it was rather a trial of the depth of purse 
 than of right, and, accordingly, nothing was more common than for 
 a man who was going to law to culculate and compare his pecuniary 
 resources with his adversary. The cost, however, being fairly 
 counted, and neither party afraid, at it the angry men go. As they 
 
Ix TIM-: FIRST SENATE OF THE UNITED STATES. 103 
 
 are eager, and bleed freely, they mount, perhaps, with tolerable 
 rapidity, until they arrive at the regions of chancery. But here 
 their bills are filed and all their facts collected, and in some half 
 dozen of years, it may be, a judgment is given. But mark : the 
 first judgment is seldom or ever final. Here, then, a new number 
 of facts must be adjusted, and some ten or twenty issues, in feigned 
 wagers, must be tried in King's bench. In some three or four 
 years, a new cargo of facts are furnished. The examiner goes to 
 work, and he spends some two or three years. The chancellor, too, 
 perhaps, must have the opinion of the judges of King's bench. 
 Here is a new trial. But at last he gives a judgment. But two of 
 the counsel sign a petition for re-hearing, and the whole business 
 must be gone over again. 
 
 But, is the business done? No such thing. Another petition 
 comes in for a review, and the whole business must be gone over a 
 third time. 
 
 Here I was interrupted by the President, who said there was an 
 instance of a cause being finished, by the present chancellor, in his 
 life time. I answered quick : one swallow does not make a summer, 
 Mr. President ; and went on. But are they done yet. No such 
 thing. . The House of Lords is before them ; and by the time they 
 get out of the far end of it, one, if not both, are completely ruined. 
 This is the progress of your wealthy parties, where plum is matched 
 to plum. 
 
 But what of your unequal matches your poor and rich parties. 
 AVIiy, sir, if the relative wealth of one is to that of the other as 
 four to one, the poor man will get about one fourth part of the way ; 
 if as two to one, half way ; if as three to four, three fourths of the 
 way, before the exhausted party drops off into ruin. (Here, by way 
 of illustration, I repeated the Annesley cause.) For, never was so 
 admirable a machine contrived by the art of man, to use men's pas- 
 sions for the picking of their pockets, and to bring their justice into 
 trade. The present bill has been considered as enjoying perfection, 
 in proportion, as it approaches the British system. Sir, I have 
 given you the opinion which, I know, many sensible Americans en- 
 tertain of the system of English jurisprudence. With such people, 
 English features will be no recommendation of the bill. Sir, I can- 
 not boast a general knowledge of the sentiments of men in the 
 Tn ion. From what I know of my own State, I am confident a great 
 majority abhor a chancery. Those who I have generally heard ad- 
 vocate the chancery, were professional men. I really believed this 
 was the case, generally, over the Union. I know many people com- 
 plained of chancery in the Jersey. One hundred and twenty-six 
 
104 SKETCHES OF DEBATES. 
 
 pounds had been paid lately for taking the testimony only in a chan- 
 cery suit in that State. Suits had been pending thirty years in 
 their chancery, and had cost thousands. I was clearly of opinion 
 that everything after the verdict of a jury was a mere trap to catch 
 fees, and might be styled the toils of law, added to perplex the 
 truth. The bill, however, before you, sir ? as it now stands, is not 
 chancery. It is something much worse. The line between chancery 
 and common law is broken down. All actions may now be tried in 
 the Federal courts by the judges, without the interruption of a 
 jury. The trial by jury is considered the birthright of every Amer- 
 ican. It is a privilege they are fond of; and, let me add, it is a 
 privilege they will not part with. (See note below.) 
 
 This day the committee for considering our commercial injuries 
 reported. I do not like it. The end is answered, perhaps, for 
 which the stir was made when this committee was appointed ; and 
 now the business ends in a bubble. I will, however, get a copy of 
 the report before I pronounce on it. 
 
 Bill for the Department of Foreign Affairs, 
 
 July 14. The Senate met, and one of the bills for organizing one 
 of the public departments, that of foreign affairs, was taken up. 
 
 After being read, I begged leave of the Chair to submit some 
 general observations, which, though apparently diffuse,! considered 
 as pertinent to the bill before us. The first clause was there shall 
 be an Executive Department, &c. There are a number of such bills, 
 and may be many more, tending to direct the most minute particle 
 of the President's conduct. If he is to be directed how he shall do 
 everything, it follows he must do nothing without direction. To 
 what purpose then is the executive power lodged in the President, 
 if he can do nothing without a law directing the mode, manner, and, 
 of course, the thing to be done ? May not the two Houses of Con- 
 gress, on this principle, pass a law depriving him of all powers ? 
 You may say it will not get his approbation. But two thirds of 
 
 NOTE. In the preface to Dicken's Bleak House, it is stated. : At the present 
 moment, August, 1853, there is a suit before the court, (meaning of chancery,) 
 which was commenced nearly twenty years ago ; in which from thirty to forty 
 counsel have been known to appear at one time ; in which costs have been in- 
 curred to the amount of seventy thousand pounds; which is a friendly suit; 
 and which is (I am assured) no nearer to its termination now than when it 
 was begun. There is another well-known suit in chancery, not yet decided, 
 which was commenced before the close of the last century, and in which more 
 than double the amount of seventy thousand pounds has been swallowed up 
 in costs. If I wanted other authorities for Jarndyce and Jarndyce, I could 
 rain them on these pages. 
 
IN THE FIRST S I:\.\TI: <F THK UNITED STATES. 105 
 
 both Houses will make it a law without him, and the Constitution 
 is undone at once. 
 
 Gentlemen may say how is the Government then to proceed on 
 these points. The simplest in the world. The President communi- 
 cates to the Senate that he finds such and such officers necessary in 
 the execution of the Government, and nominates the man. If the 
 Senate approve, they will concur in the measure ; if not, refuse 
 their consent, &c., when the appointments are made. The President, 
 in like manner, communicates to the House of Representatives that 
 such appointments have taken place, and require adequate salaries. 
 Then the House of Representatives might show their concurrence 
 or disapprobation by providing for the officer or not. I thought 
 it my duty to mention these things, though I had not the vanity to 
 think I would make any proselytes in this stage of the business ; 
 and, perhaps, the best apology I could make was not to detain them 
 long. 
 
 I, likewise, said that if the Senate were generally of my mind, a 
 conference between the Houses should take place. But the sense 
 of the House would appear 011 taking the question upon the first 
 clause. The first clause was carried. 
 
 Xow came the second clause. It was for the appointment of a 
 chief clerk by the Secretary, who, in fact, was to be principal, when- 
 ever said principal officer shall be removed from office by the 
 President of the United States. There was a blank pause at the 
 end of it. I was not in haste, but rose first. 
 
 Mr. President, whoever attends strictly to the constitution of the 
 United States, will readity observe that the part assigned to the 
 Senate was an important one ; no less than that of being the great 
 check, the regulator and corrector, or, if I may so speak, the bal- 
 ance of this Government. In their legislative capacity, they not 
 only have the concoction of all bills, orders, votes, or resolutions, 
 but may originate an}* of them, save money bills. In the executive 
 branch, they have, likewise, power to check and regulate the pro- 
 ceedings of the President. Thus treaties, the highest and most 
 important part of the Executive Department, must have a concur- 
 n-iK-e of two thirds of them. All appointments under the President 
 and Vice President, must be by their advice and consent, unless 
 t'.iey concur in passing a law divesting themselves of this power. 
 By the checks, which are intrusted with them, upon both the exec- 
 utive and the other branch of the Legislature, the stability of the 
 Government is evidently placed in their hands. 
 
 The approbation of the Senate was certainly meant to guard 
 against the mistakes of the President in his appointments to office. 
 
106 SKETCHES OF DEBATES 
 
 I do not admit the doctrine of holding commissions, during pleas- 
 ure, as constitutional ; and shall speak to that point presently. But 
 supposing, for a moment, that to be the case ; is not the same guard 
 equally necessary to prevent improper steps in removals, as in ap- 
 pointments. Certainly common inference or induction can mean 
 nothing short of this. It is a maxim in legislation, as well as reason, 
 and applies well in the present case, that it requires the same power 
 to repeal as to enact. The depriving power should be the same as 
 the appointing power. 
 
 But was this a point left at large by the constitution ? Certainly 
 otherwise. Five or six times in our short constitution is the trial 
 by impeachment mentioned. In one place, the House of Repre- 
 sentatives shall have the sole power of impeachment. In another, 
 the Senate shall have the sole power to try impeachments. In a 
 third, judgment shall not extend further than to removal from office 
 and disqualification to hold or enjoy offices, &c. The President 
 shall not pardon in cases of impeachment. The President, Yice 
 President, and all civil officers of the United States, shall be re- 
 moved from office on impeachment, &c. No part of the constitu- 
 tion is so fully guarded or more clearly expressed thai^ this part of 
 it. And most justly, too ; for every good government guards the 
 reputation of her citizens, as well as their life and property. Every 
 turning out of office is attended with reproach, and the person so 
 turned out is stigmatized with infamy. By means of impeachment, 
 a fair hearing and trial is secured to the party. Without this, what 
 man of an independent spirit would accept of such an office. Of 
 what service can his abilities be to the community, if afraid of the 
 nod or beck of a superior. He must consult his will in every mat- 
 ter. Abject servility is most apt to mark the line of his conduct, 
 and this, 011 the one hand, will not fail to be productive of despot- 
 ism and tyranny on the other ; for I consider mankind as composed 
 nearly of the same materials in America as in Asia in the United 
 States as in the East Indies, The constitution certainly never con- 
 templated any other mode of removing from office. The case is 
 not omitted here ; the most ample provision is made. If gentlemen 
 do not like it, let them obtain an alteration of the constitution, but 
 this cannot be done by law. 
 
 If the virtues of the present Chief Magistrate are brought for- 
 ward as a reason for vesting him with extraordinary powers, no 
 nation ever trod more dangerous ground. His virtues will depart 
 with him, but the powers which you give him will remain, and if 
 not properly guarded will be abused by future Presidents, if they 
 
Tx Tin-: FIUST S I:\ATK OF TIN-: I'MTKI) STATI: 101 
 
 are men. This, however, is not the whole of the objection I have 
 to the clause. 
 
 A chief clerk is to be appointed, and this without any advice or 
 consent of the Senate. This Chief Clerk, on the removal of the 
 Secretary, will become the principal in the office, and so may re- 
 main during the Presidency, for the Senate cannot force the Presi- 
 dent into a nomination for a new officer. This is a direct, stroke at 
 the power of the Senate. Sir, I consider the clause as exception- 
 able every way, and, therefore, move you to strike it out. 
 
 Langdon jumped up in haste hoped the whole would not be 
 struck out, but moved that the clause only of the President remov- 
 ing should be struck out. 
 
 Up rose Ellsworth, and a most elaborate speech, indeed, did he 
 make, but it was all drawn from writers on the distribution of gov- 
 ernment. The President was the executive officer. He was inter- 
 fered with in the appointment, it is true, but not in the removal. 
 The Constitution had taken one, but not the other, from him. 
 Therefore, removal remained to him entire. He carefully avoided 
 the subject of impeachment. He absolutely vised the following ex- 
 pressions, with regard to the President : "It is sacrilege to touch an 
 hair of his head and we may as well lay the President's head on a 
 block and strike it off with one blow." The way he came to use 
 these words was, after having asserted that removing from office 
 was his privilege, we might as well do this as deprive him of it. 
 He had sore eyes and a green silk over them. On pronouncing the 
 last of the two sentences, he paused, put his handkerchief to his 
 face, and either shed tears, or affected to do so. 
 
 AVhen he sat down, both Butler and Izard sprang up. Butler, 
 however, continued up. 1 Ee began with a declaration that he came 
 into the House in the most perfect state of indifference, and rather 
 disposed to give the power in question to the President. But the 
 arguments of the honorable gentleman from Connecticut, in endeav- 
 oring to support the clause, had convinced him, in the clearest man- 
 ner, that the clause was highly improper, and he would vote against 
 it. Izard now got at it, and spoke very long against the clause. 
 Strong got up for the clause, and a most confused speech he made 
 indeed. 1 have notes of it, but think it really not worth answering, 
 unless to show the folly of some things which he said. 
 
 Dr. Johnson rose, and told us twice, before he proceeded far, that 
 he would not give an opinion on the power of the President. How- 
 ever, his whole argument went against the clause; and at last he 
 declared lie was against the whole of it. 
 
 Mr Lee rose. He spoke long and pointedly against the clause. 
 
108 SKETCHES OF DEBATES 
 
 He repeated many of my arguments, but always was polite enough 
 to acknowledge the mention I had made of them. He spoke from 
 a paper, which he held in his hand. He continued until it was past 
 three o'clock; and an adjournment was called for, and took place. 
 
 In looking over my notes, I find I omitted to set down sundry 
 arguments which I used. But no matter, I will not do it now. 
 
 July 15. Senate met. Mr. Carroll showed impatience to be up 
 first. He got up, and spoke a considerable length of time. The 
 burden of his discourse seemed to be want of power in the Presi- 
 dent, and a desire of increasing it. Great complaints of what he 
 called the atrocious assumption of power in the States. Many allu- 
 sions to the power of the British kings. The king can do no wrong. 
 If anything improper is done, it should be the ministers that should 
 answer. 
 
 Collection Bill. 
 
 The collection bill was called for, and read for the first time. 
 
 The Senate Journal states that the Senate resumed the considera- 
 tion of the bill for establishing an Executive Department, to be de- 
 nominated the department for foreign affairs. 
 
 The journal of Mr. Maclay proceeds : 
 
 Now, Ellsworth rose, with a most lengthy debate. The first 
 words that he said were: In this case, the constitution is our only 
 rule, for we are sworn to support it. But neither quoted it, nor 
 ever named it, afterwards, except as follows : He said by allusion : 
 I bu}^ a square acre of land. I bivy the trees, waters, and every- 
 thing belonging to it. The executive power belongs to the Presi- 
 dent. The removing of officers is a tree on this acre. The power 
 of removing is, therefore, his. It is in him. It is nowhere else. 
 Thus we are under the necessity of ascertaining by implication 
 where the power is. 
 
 He called Dr. Johnson Thomas Aquinas, by implication, too and 
 said things rather uncivil, of some other of his opponents. Most 
 carefully did he avoid entering on the subject of impeachment. 
 After some time, however, he got fairly on new ground. Lamented 
 the want of power in the President. Asked, did we ever quarrel 
 with the power of the Crown of Great Britain ? No ; we contended 
 with the power of the Parliament. No one ever thought the power 
 of the Crown too great. Said he was growing infirm should die, 
 and should not see it but the Government would fail, for want of 
 power in the President. He would have power, as far as he would 
 be seen in his coach and six. We must extend the executive arm. 
 (Mr. Lee, yesterday, had said something about the Dutch.) If we 
 must have examples, said he, let us draw them from the people 
 
IN THE FIRST SEN ATP: OF THE UNITED STATES. 109 
 
 whom we used always to imitate from the nation who have made 
 all others bow before them ; and not from the Dutch, who are di- 
 vided, and factions. 
 
 He said a vast deal more ; but the above was all I minuted down 
 at the time. 
 
 Mr. Izard rose, and answered. Mr. Butler rose, and spoke. 
 
 It was after three ; Mr. Lee rose ; said he had much to say, but 
 would now only move an adjournment. As it was late, the House, 
 accordingly, adjourned. 
 
 I have seen more caballing and meeting of the members in knots, 
 this day, than I ever observed before. As I came up stairs, Ells- 
 worth, Aimes, and Mr. Morris stood in a knot up stairs. Soon after, 
 Ellsworth, Carroll, and Strong got together. As soon as the House 
 adjourned, Carroll took Patterson aside, and there seemed a general 
 hunt and bustle among the members. I see plainly, public speak- 
 ing on this subject is now useless; and we may put the question 
 where we please. It seems as if a court party was forming. In- 
 deed, I believe, it was formed long ago. 
 
 July 16. Attended pretty early this morning. Many were, how- 
 ever, there before me. It was all huddling away, in small parties. 
 Our President was very busy, indeed ; running to every one. He 
 openly attacked Mr. Lee before me, on the subject in debate ; and 
 they were loud on the business. I began to suspect that the court 
 party had prevailed. Senate, however, met, and at it they went. 
 
 Mr. Lee began ; but I really believe the altercation, though not a 
 violent one, which he had with the President, had hurt him; for he 
 was languid, and much shorter than ever I had heard him on al- 
 most any subject. 
 
 Mr. Patterson got up. For a long time you could not know 
 what he would be at. After, however, he had warmed himself with 
 his own discourse, as the Indians do with their war song, he said 
 he was for the clause continuing. He had no sooner said so, than 
 he assumed a bolder tone of voice flew over to England extolled 
 its Government wished, in the most unequivocal language, that 
 our President had the same powers. Said let us take a second view 
 of England repeating nearly the same thing. Let us take a third 
 view of it, said he. And he then abused the Parliament for liMvinir 
 made themselves first triennial, and lastly septennial. Speaking of 
 the constitution, he said expressly these words, speaking of the re- 
 moving of officers : There is not a word of removability in it. His 
 argument was that the executive held this, as a matter of course. 
 
 Mr. Wyngate got up, aiid said something for striking out. 
 
110 SKETCHES OF DEBATES 
 
 Mr. Reed rose, and was on his feet for an hour. He had to talk a 
 great deal before he could bring himself to declare against the motion. 
 
 But now a most curious scene opened. Dalton rose, and said a 
 number of things, in the most hesitating and embarrassed manner. 
 It was his recantation had just now altered his mind. From what 
 had been said by the honorable gentleman from Jersey, he was now 
 for the clause. 
 
 Mr. Izard was so provoked, that he jumped up declared nothing 
 had fell from that gentleman that possibly could convince any man ; 
 that men might pretend so, but the thing was impossible. 
 
 Mr. Morris' face had reddened for some time. He rose hastity. 
 He threw censure on Mr. Izard declared that the recanting man 
 behaved like a man of honor that Mr. Patterson's arguments were 
 good, and sufficient to convince any man. 
 
 But now recantation was in fashion. Mr. Bassett recanted, too, 
 though he said he had prepared himself on the other side. We now 
 saw how it would go ; and I could not help admiring the frugality 
 of the court party, in procuring recantations or votes; which you 
 please. 
 
 After all the arguments were ended, and the question taken, the 
 Senate was ten to ten ; and the President, with great joy, cried out 
 it is not a vote, without giving himself time to declare the division 
 of the House, and give his vote in order. 
 
 Every man of our side, in giving their sentiments, spoke with 
 great freedom, and seemed willing to avow their own opinion in the 
 openest manner. Not a man of the others, who made any speech 
 to the merits of the matter, but went about it and about it. I called 
 this singing the war song ; and told Mr. Morris I would give him 
 every one who I heard sing the war song or, in other words, those 
 who could not avow the vote they were fully minded to give, until 
 they had raised spirits enough, by their own talk, to enable them 
 to do it. Grayson made a speech. It was not long, but he had in 
 it this remarkable sentence : The matter predicted by Mr. Henry is 
 now coming to pass consolidation is the object of the new Govern- 
 ment ; and the first attempt will be to destroy the Senate, as they 
 are the Representatives of the State Legislatures. 
 
 It has long been a maxim with me, that no frame of government, 
 whatever, would secure liberty, or equal administration of justice, to 
 a people, unless virtuous citizens were the legislators and governors. 
 I live not a day without finding new reason to subscribe to this doc- 
 trine. What avowed and repeated attempts have I seen to place the 
 President above the powers stipulated for him by the constitution. 
 
Ltf THE FIKST SKNATK <>F TIM; I'MTKD STATKS. Ill 
 
 For striking out : Butler, Izard, Langdon, Johnson, Wingate, 
 Few, Gunn, Gray son, Lee, Maclay 10. 
 
 Against striking out : Reed, Bassett, Ellsworth, Strong, Dalton, 
 Patterson, Elmer, Morris, Henry, Carroll. The President, John 
 Adams 11. 
 
 On the Senate Journal, under date of Friday, July 17, there is 
 an entry as follows : 
 
 Resumed the consideration of the bill for establishing an execu- 
 tive department, to be denominated the department of foreign 
 affairs, and agreed, line first, to expunge the words " Congress of 
 the United States," and insert " Senate and House of Represent- 
 atives of the United States of America, in Congress assembled," 
 and assigned to-morrow for a third reading. 
 
 On motion, that on the final question upon a bill or resolve, any 
 member shall have a right to enter his protest or dissent on the 
 Journal, with reasons in support of such dissent, provided the same 
 be offered within two days after the determination on such final 
 question. 
 
 Passed in the negative. 
 
 The engrossed bill to establish the judicial courts of the United 
 States was read, and upon the question, shall the bill pass ? the yeas 
 and nays being required by one fifth of the Senators present, the 
 determination was as follows : Yeas Messrs. Bassett, Carroll, Dal- 
 ton, Ellsworth, Elmer, Few, Gunn, Henry, Johnson, Izard, Morris, 
 Patterson, Read, and Strong. Nays Messrs. Butler ? Grayson, 
 Langdon, Lee, Maclay, and \Vinuate. 
 
 Mr. Maclay 's journal proceeds: 
 
 July 17. Attended at the Hall, half after nine o'clock. We read 
 and corrected the long judiciary. The Senate met at the usual 
 time. This same judiciary was taken up and went over. And 
 now, Mr. Butler rose against it ; Mr. Grayson spoke against it ; and 
 Mr. Lee was more pointed than any of them. Had Mr, Lee joined 
 us in my objections to it at an early period, perhaps we might have 
 now had it in better form. Mr. Butler offered a motion for leave 
 for any member to enter his dissent on the minutes. This proved 
 a most lengthy debate. It was four o'clock before it was decided. 
 He lost his motion. I thought it right. 
 
 And now Mr. Lee, Mr. Grayson, Mr. Butler, Mr. Wingate rose 
 for the yeas and nays on the judiciary bill. They were given. I 
 was iii the negative. 
 
 I opposed this bill from the beginning. It certainly is a vile law 
 system, calculated for expense, and with a design to draw by de- 
 grees all law business into the Federal courts. The constitution 
 
112 SKETCHES or DEBATES 
 
 is meant to swallow all the State constitutions, by degrees ; and 
 this to swallow, by degrees, all the State judiciaries. This, at least, 
 is the design some gentlemen seem driving at. 
 
 July 18. We had some debate yesterday about the adjournment. 
 It was agreed to sit this day expressly with a design to take up the 
 collection bill. As soon as the minutes were read, Mr. Morris called 
 for it, and I seconded it. But Ellsworth called for the bill on for- 
 eign affairs, (as he was sick, and wanted a few days absence, and 
 Bassett, who had stayed over the time he expected, was likewise 
 going out of town.) We had now much curious conversation. Mrr 
 Gray son made some remarks on our mode of doing business. Our 
 doors were shut, and a member was debarred the privilege of a 
 protest. We were shut up in conclave. We, however, have often 
 had this business before us. 
 
 The President took occasion to get up, and gave us his history 
 of protests. He said the House of Lords only had that right ; 
 they had it in a feudal right. They were, originally, an armed 
 militia for the defense of the country, and were supposed to be pos- 
 sessed of everything honorable. But as to the Scotch peers, that 
 was a piece of patchwork. The Senate -were an elective body, and 
 their motives would be to preserve their popularity, in order to se- 
 cure their elections, and, therefore, they ought not to have any 
 power of protesting. 
 
 Ellsworth made a second motion, that the bill for foreign affairs 
 should be postponed till Wednesday fortnight. . Langdon seconded 
 thiSo Sundry gentlemen called, however, for the bill. The Presi- 
 dent put the question on the bill, and it was taken up. The gentle- 
 men against the bill, Mr. Izard, Langdon, and Johnson, declared 
 all they wished was the yeas and nays, in the same form as they had 
 passed yesterday; the President giving the casting vote. Ells- 
 worth proposed that Bassett should withdraw, and then there would 
 be a tie. Bassett did not like it. Ellsworth proposed to withdraw, 
 and actually did so. All this was occasioned by the absence of 
 Butler. 
 
 And now the yeas and nays were taken on the words, by the 
 President. Our President gave the casting vote. Mr. Lee moved 
 an amendment, in the forepart of the bill, which did not seem well 
 digested. It was lost, of course. The amount of it was, that the 
 officer should be responsible. I rose, and said I would not consent 
 to it ; for, by the third clause of the bill, the officer was made such 
 an abject creature, so dependent on the nod of a superior, I thought 
 it cruel to make him, in any degree, responsible for measures in 
 which he could have no free agency He had been called servant. 
 
I.\ TIN: FIRST SF.NATK OF TIIK UMTKD STATKS. ]]3 
 
 II r was more he was the creature of the President. The Presi- 
 dent was a responsible officer, by the constitution. It had been 
 said no use would be made of this. I hoped there never would be 
 any occasion ; but respondeot superior, was a maxim in law, and I 
 supposed we would have to trust to it. 
 
 M r. Langdon moved to strike out to be appointed by the said 
 principal officer. I could not see what he aimed at. Dr. Johnson 
 got up, and complained of the approbation of the President, in the 
 last part of the clause, as reflecting on the Senate, to whom the 
 constitution had given the power of approving. I doubted whether 
 I should rise or no, thinking all opposition vain. I determined, 
 however, to speak. 
 
 M r. President, this clause calls the chief clerk an inferior officer. 
 I think differently of him. This, sir, will be the man who will do 
 the business. In England, sir that country from which we are so 
 fond of taking examples the chief clerks do the business ; so much 
 so that on an eminent character being told, by a person who seemed 
 in concern on the occasion, that the ministry were changed, asked, 
 gravely, if the clerks in the office were changed. Being answered, 
 no. Give yourself no further uneasiness, then, the business will 
 meet with no interruption. So will it be here. The calling him an 
 inferior officer, however, paves the way for his appointment by the 
 head of the department. But what is the use of the clause here ? 
 I think freely, and freely will I speak. The Secretary appoints his 
 clerk, of course, and the clerk, of course, will take care of the office 
 records, books, and papers, even if the principal should be removed. 
 The}' are to be under oath, or affirmation, faithfully to execute the 
 trust committed to them. It is not to be presumed that they will 
 abandon the papers to the winds. What, then, is the use of the 
 clause ? Clearly to put it into the power of a President, if so 
 minded, to exercise this office without the advice or consent of the 
 Senate, as to the affair The consent of the President, at the end 
 of the clause, points out this clearly. This is a kind of consent, un- 
 warranted by the constitution. The President removes the princi- 
 pal the clerk pleases him well, being the man of his approbation. 
 The Senate cannot force him to a nomination, and the business may 
 rroriM'd during- his presidency. The objects, ostensibly held out 
 by the bill, :irc nugatory. The design is but illy concealed. It was 
 for these reasons I formerly moved to strike out this clause ; and 
 I am still averse to the whole of it. 
 
 Patterson got up, said the latter part of the clause, perhaps, was 
 exceptionable, and he would have no objection to strike it out. 
 
 Mr. Morris rose, and said something to the same import ; but as 
 
114 SKETCHES OF DEBATES 
 
 Dr. Johnson had glanced something at the conduct of the other 
 House, and as what I had said leaned the same way, Mr. Morris 
 said, whatever the particular view might be of the member who 
 brought in this clause, he acquitted the House, in general, of any 
 design against the Senate. 
 
 Mr. Ellsworth rose, and said much more on the same subject. 
 
 I rose, and said I thought nothing on this subject, which I would 
 not avow. The House of Representatives had debated four days 
 on a direct clause for vesting the President with this power ; and, 
 after having carried it with an open face, they dropped and threw 
 out the clause ; and have produced the same thing, cloaked and 
 modified, in a different manner, by a side wind. I liked, for my 
 part, plain dealing ; and there was something that bore a very dif- 
 ferent aspect in this business. 
 
 Monday, 20th July. Asked leave of absence for three weeks, on 
 account of my health. Obtained it without difficulty. I remained 
 some time in my place, after business was over, to give an oppor- 
 tunity to any of the members who chose it to wish me a good jour- 
 ney, or speak to me on business, if they had any. Henry, of Mary- 
 land, and a group soon gathered about me. They seemed to think 
 that my going was owing to disaffection to public measures, as 
 much as to indisposition. This 1 would not own but in qualified 
 sense ; that my disappointment with respect to public measures and 
 constant vexation, had, perhaps, aggravated my indisposition. Fun 
 now let loose her frolics upon me, and who, of all the human race, 
 will thank you for that. Not one in a thousand will believe a word 
 of it, and if any do, they will call you fool for your pains. Grati- 
 tude no governing principle among the humanum pecus. Fear 
 only the parent of obedience among the herd of mankind. Repub- 
 lican theories well enough in times of public commotion, or at elec- 
 tions; but all sensible men, once in power, know that force is the 
 only effectual means to secure obedience. Hence has flowed, and 
 forever will flow, the failure of republican government. Oligarchies 
 and aristocracies follow, till monarchy tops the S3 T stem, and will 
 continue till some unskillful driver overloads the ass, and then the 
 restive beast throws both itself and the rider in the mire, and the 
 old process begins. A Senator will be in your place before long,, 
 said one. Your patriotism will be of great service to you then. A 
 single dinner, given by a speculator, (people who do not like you,) 
 will procure ten votes, where your disinterestedness has not pro- 
 cured you one. And you must intrigue and cabal as deep, and 
 deeper, too, than your adversaries, or we will not see you here 
 again. Is there a single one of the majestic mob who will not belie, 
 
I.v TIIK FIRST SKXATI-; OF TIN-: I'MTKD STATES. 115 
 
 defraud, deceive, and cheat you for the smallest interest. Health is 
 too Teat a sacrifice for such an herd. The whole was delivered 
 with so comic an air, that a serious answer seemed improper, and 
 yet I wished to say something, and, for the sake of harmony, if 
 possible, in the same key. Gentlemen, I have at home good neigh- 
 bors, good 
 
 [The next leaf has been torn out.] 
 
 MEM. It appears from the Senate Journal, that on the 25th July, 
 Rufus King, from New York, appeared, and took his seat ; and on 
 the 2Tth of the same month, Philip Schuyler, from New York, 
 took his seat. 
 
 The journal of Mr. Maclay proceeds: 
 
 Sunday, 16th August. Came to New York at ten o'clock at night, 
 greatly fatigued with my journey. Went after breakfast to Mr. Mor- 
 ris' lodging. He was abroad. Called on Mr. Clymer, at his lodgings, 
 and left his and Mr. Fitzsimmons' letters. Called to see Scott and 
 Elliott ; both abroad. Called on Mr. Izard. He gave me a short 
 history of the court party, which (as might be expected) is gam- 
 ing ground. A conference has been held with the President, in 
 which Mr. Izard declares that the President owned he had consulted 
 the members of the House of Representatives, as to his nomina- 
 tions ; but likewise said he had not acted so with the Senators, as 
 they could have an opportunity of giving their advice and consent 
 afterwards. Mr. Izard informed me of the attempt of Gorham to 
 get the land commonly called the triangle (now in Erie county) 
 from Pennsylvania, or, at least, to delay the business until he could 
 get a number of New England men settled on it, so as to hold it 
 by force, and make a second Wyoming of it. He said Mr. Morris 
 had got the business put off until Wednesday, expecting my com- 
 iiig to town. B} T his account, a strong party is forming by Gorham, 
 and they expect to carry it against Pennsylvania. 
 
 I immediately left him, Sunday as it was, to call on Scott and 
 Elliott, to prepare for this business. Could find none of them. 
 
 My haste and agitation on hearing of Gorham 's affair, prevented 
 my noting all Mr. Izard's communications. He said, all your meas- 
 ures are reprobated, and will be rejected. Your voting by ballot, 
 
 XOTE. The bill for the government of the Northwestern Territory was 
 first received in the Senate, from the House, on the 21st of July, 1789, when 
 Mr. Maeluv was absent, (See Senate Journal, page 52.) He appears to have 
 been absent from about the 20th of July till the 16th of August, 1789. 
 
 The bill confirming the ordinance of 1787 for the government of the terri- 
 tory northwest of the Ohio, was approved on the 7th of August. See Annals 
 of Congress, page 52. 
 
116 SKETCHES OF DEBATES 
 
 in agreeing to nominations, and so on. We have all been to dine 
 with the great man. It's all disagreeable to him, and will be altered 
 &c. He gave me clear hints of my loss of character at court, and 
 on the direct influence of the President with the members of Con- 
 gress, &c. For some time past, (as the Indian said,) I could see 
 how the watches went, but I did not know before the wa}^ they 
 were wound up. 
 
 It was to counteract a growing influence, which I observed to 
 gain ground daily, that I moved the consent to appointments to be 
 given by ballot. The having carried this matter was passing the 
 Rubicon in transgression, as it went to pluck up patronage by the 
 roots. 
 
 A thought here on the subject of influence. Strip it of its 
 courtly coloring, and it is neither more or less than corruption. 
 When Walpole debauched the British Senate, was it either morally 
 or politically different whether he did it by court favor, loans, jobs, 
 lottery tickets, contracts, offices, or expectancy of them, or with 
 the clinking guinea? The motive and effect was certainly the 
 same. 
 
 It89, Monday, Itth August, went out, although I was not very 
 well. It was near nine o'clock before I could see Mr. Scott. I saw 
 Mr. Morris, who had just received, from Mr. Ellicot, all the papers 
 about the triangle. Not one of them had ever thought that Penn- 
 sylvania had actually purchased this land from the Indians. I 
 called on Gen. St. Clair, who will set this in a clear point of view, if 
 they will not give us time to send to Philadelphia for the deed, &c. 
 
 Attended the Senate at the usual hour. The business agitated 
 this day in the Senate, was the bill for regulating the coasting trade. 
 Some progress was made in it, when it was postponed ; and the af- 
 fairs of Georgia, with respect to the Indians, was taken up. Some 
 warmth on this business. Sat until after four, and adjourned. 
 
 Tuesday, 18th August. Busy preparing for the debate on the 
 triangle, which is to come on to-morrow. Senate met at the usual 
 time. The bill for the Indian treaties was taken up, and consider- 
 able debate. I asked for information for some estimate of the ex- 
 pense ; but it seems none had been furnished. A motion was made 
 for reducing the sum appropriated from forty to twenty thousand 
 dollars ; but no estimate appeared for either. I lamented my want 
 of information, but declared I hoped the House of Representatives 
 had some just grounds to go on, when they voted the forty that 
 I would for once trust to them, since I must vote in the dark. But 
 the twenty was carried. We then read over the penal law for the 
 second time, and debated on it until the hour of adjournment. 
 
J.\ THK FIKST SKNATI-: OF TIN-: l~xn KI> STATES. 117 
 
 Wednesday. Senate met, and went on the appointment of an offi- 
 cer t<> run the line of the triangle. I will not attempt a detail of 
 the arguments, maps, resolves of Congress, contracts, &c., produced 
 by us, which those who voted for us declared carried demonstration 
 with them. We had everyman east of the Hudson against us; and 
 the most of them speakers. Dr. Johnson, in particular, was very 
 uueaiidid. Ellsworth voted against us, but spoke but little. King 
 and Sehuyler managed the debate principally. Langdon was very 
 often up. Every point on the paper annexed was canvassed, and a 
 vast many more. I cannot pretend to say how often I was up ; but 
 inv throat was really sore with speaking. So plain a case I never 
 before saw cost so much trouble. At a quarter past three we got 
 the resolve passed. 
 
 The following is the annexed paper referred to by Mr. Maclay : 
 Act of cession by the State of New York to the United States, on 
 the 1st March, 1781. Accepted by Congress, on the 29th October, 
 1782. 
 
 Here showed that the cession was made on geographical princi- 
 ples, by the map, and explain how the northwest corner of Pennsyl- 
 vania came to be placed fifty (say fifty-four and a half) miles further 
 west ; and how this company and the State of New York wish to 
 avail themselves of that circumstance. 
 
 On the 18th April, 1785, a cession of the same territory was ac- 
 cepted by Congress from the State of Massachusetts, in the same 
 words, only the Pennsylvania line is not mentioned, on a supposi- 
 tion that there was a vacancy of two minutes of a degree between 
 them. 
 
 A meridian passing through the westerly bend of Lake Erie, or 
 through a point twenty miles west of the most westerly bend of 
 Niagara river, one or the other must be the western limit of the 
 State of New York, as the boundary is to be a meridian, and must 
 pass through one or other of these points. 
 
 On the 6th of June, 1788, Congress ordered the geographer of 
 the United States to run the boundary line, giving notice to the ex- 
 ecutives of the States of New York and Massachusetts, and to make 
 an accurate survey of the land lying west of the meridian, between 
 Lake Erie and the State of Pennsylvania, that the same might be 
 sold. (Read the resolution.) 
 
 On the 16th of June, 1788, the geographer instructed Andrew 
 Ellicot, Esquire, to perform the service. (Read the instructions.) 
 
 On the 7th of July, 1788, the State of Pennsylvania offered, by 
 William JJinghiim and James Reed, three fourths of a dollar per 
 acre for this land. (Read the oiler.) 
 
118 SKETCHES OF DEBATES 
 
 On the 28th August, It82, the Pennsylvania proposals were ac- 
 cepted, and the bargain closed by the Board of Treasury. (Read 
 the acceptance.) 
 
 On the 4th of September, 1788, Congress vested the right of juris- 
 diction over the said tract in the State of Pennsylvania. (Read the 
 resolution.) 
 
 Pennsylvania, thus vested with the right both to soil and juris- 
 diction, pursued her usual system with regard to new lands ; and, 
 although it was said that the Congress ought to quiet the claims of 
 the Indians, with respect to lands sold by them, she chose, in con- 
 formity to ancient usage, to purchase of the natives. Gen. Butler 
 and Col. Gibson were appointed agents at the treaty at Muskingum ; 
 and the purchase of these lands was made. We have not the deeds 
 and other documents to produce. If they are required, we will send 
 for them. But Gen. St. Clair, now in town, was present at making 
 the contract present x at obtaining the deed and present at the 
 payment of the consideration at Fort Pitt. 
 
 The delay of making the survey keeps out of the Treasury of the 
 United States about six hundred and twenty-five thousand dollars, 
 the interest of which is about nine thousand dollars, specie, per an- 
 num ; and the State of Pennsylvania is retarded in the settlement 
 of the country. If Mr. Gorham or any individual is injured, a Fed- 
 eral court will soon be opened. But the delays are attended with 
 national as well as State disadvantages, and ought not to be pro- 
 tracted. 
 
 Mr. Morris will vote with, and support me. 
 
 Thursday, 20. This was a dull day in Senate, and might be said 
 to make amends for the bustle" of yesterday. The coasting trade 
 bill engaged us all day in a round of dullness. Not one member 
 seemed to understand the whole of it, so much had it been post- 
 poned and amended. It really seems rather a system for tolerating 
 and countenancing smuggling, than otherwise. I told them so. I 
 did not choose to embark much in it. 
 
 Mr. Lear (one of the secretaries of the President) has for two 
 days past been introduced quite up to the President's table to de- 
 liver messages. Mr. Izard rose to know the reason of this. Our 
 President said he had directed it to be so, and alleged that he un- 
 derstood the house so. There was some talk about it a few da}^s 
 ago ; but I understood the sense of the Senate to be that the head 
 of a department, if he came to deliver a message from the Presi- 
 dent, should be admitted to the table; but a private secretary re- 
 ceived at the bar. It is not one farthing matter ; but the clerk of 
 
K FIRST SKNATK OK THK UXITK.P STATES. 119 
 
 the Representatives is received at the bar, and I think him a more 
 respectable character than any domestic of the President. 
 
 Friday, 21st August. The report of the committee that had con- 
 ferred with the President was taken up. The most of it was where 
 the President should sit on his being introduced into our chamber, 
 and where our President should sit, &c., &c. 
 
 A second resolution was added, declaring that the Senate should 
 give their advice and consent in all cases viva voce. This being di- 
 rectly contrary to a former resolution which I had moved for, I 
 rose, and remarked that this matter had been solemnl}- debated 
 formerly, and decided in favor of a ballot when it came to the single 
 point of consenting to a man's nomination. That I was still of the 
 same opinion, and would vote against the resolution. 
 
 Izard rose, and said it was true that the present resolution would 
 repeal the former one, and it was so intended, as he apprehended, 
 there was a change in the sentiments of the Senate on that subject. 
 
 Mr. Morris rose, and said there was a change in the sentiments 
 of the Senate, and he hoped his honorable colleague would change 
 his sentiments for his own sake. 
 
 I rose, and said it was a matter in which I was not in any degree 
 personally concerned, and, if I even were, nothing should make me 
 for my own sake change my vote, while my judgment remained un- 
 altered. It could not, so far as I knew, affect me personally ; but, 
 even if it did, it should make no odds. 
 
 On the question, I gave my no in a voice sufficiently audible. One 
 other faint no only issued from the opposite side of the House. So 
 that now the court party triumphs at large. 
 
 The words for his own sake were not without a meaning. I have 
 never been at the table of the President or Vice President, or taken 
 the least notice of for a considerable time by the diplomatic corps 
 or the people of ton in the city. But I care not a fig for it. Davy 
 Harris, too, has lost his nomination for an office in Baltimore ; but 
 be it so. I have done what is right I followed my judgment, and 
 rejoice in it. 
 
 Notice was given just before we broke up that the President would 
 be in the Senate chamber at half after eleven to-morrow, to take the 
 advice and consent of the Senate on some matters of consequence; 
 but nothing communicated. 
 
 From the journal of the Senate, it appears that on the 20th of 
 
 . David Harris had been a revolutionary officer. He was a son of 
 John Harris, the founder of Harrisburg, and was a brother-in-law of William 
 Maclay. He was subsequently appointed Collector at Baltimore. 
 
120 SKETCHES or DEBATES 
 
 August, the President, in written communication to the Senate, 
 nominated General Lincoln as one of three commissioners to nego- 
 tiate a treaty with the Southern Indians, in pursuance of an act for 
 that purpose. And on the same day General St. Glair was nomi- 
 nated as Governor of the Western Territory. 
 
 On the same day Mr. Izard, in behalf of the committee appointed 
 on the 6th August to wait on the President, and confer with him on 
 the mode of communication proper to be pursued between him and 
 the Senate in the formation of treaties, and making appointments 
 to offices, reported; and on the next day it was Resolved, That when 
 nominations shall be made in writing by the President of the United 
 States to the Senate, a future day shall be assigned, unless the Sen- 
 ate unanimously direct otherwise, for taking them into considera- 
 tion ; that when the President of the United States shall meet the 
 Senate in the Senate chamber, the President of the Senate shall 
 have a chair on the floor be considered as at the head of the Sen- 
 ate and his chair shall be assigned to the President of the United 
 States ; that when the Senate shall be convened by the President of 
 the United States at any other place, the President of the Senate 
 and Senators shall attend at the place appointed. The Secretary 
 of the Senate shall also attend to take the minutes of the Senate. 
 
 That all questions shall be put by the President of the, Senate, 
 either in the presence or absence of the President of the United 
 States ; and the Senators shall signify their assent or dissent by 
 answering, viva voce, aye or no. 
 
 On the same day, the President nominated Cyrus Griffin and Da- 
 vid Humphreys as the two other commissioners to negotiate the 
 treaty. 
 
 On the same day, the President communicated to the Senate that 
 he would meet the Senate, in the Senate chamber, at half past eleven 
 o'clock to-morrow, to advise with them on the terms of the treaty 
 to be negotiated with the southern Indians. 
 
 It is stated on the Journal of the 22d August, that the President 
 of the United States came into the Senate chamber, attended by 
 General Knox, and laid before the Senate the following statement 
 of facts, with the questions thereto annexed, for their advice and 
 consent : 
 
 To conciliate the powerful tribes of Indians in the southern dis- 
 trict, amounting, probably, to fourteen thousand fighting men, and 
 to attach them firmly to the United States, may be regarded as 
 highly worthy of the serious attention of Government. 
 
 Here followed a further statement, for which see Senate Journal 
 of August 22, 1789, Annals of Congress, 68-9. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 121 
 
 As it is necessary that certain principles should be fixed, pre- 
 viously to forming instructions to the commissioners, the following 
 questions, arising out of the foregoing communications, are stated 
 by the President of the United States, and the advice of the Senate 
 requested thereon : 
 
 1. In the present state of affairs between North Carolina and the 
 Tinted States, will it be proper to take any other measures for re- 
 dressing the injuries of the Cherokees than the one herein sug- 
 ri-sted ? 
 
 2. Shall the commissioners be instructed to pursue any other 
 measures respecting the Chickasaws and Choctaws than those herein 
 suggested ? 
 
 3. If the commissioners shall adjudge that the Creek nation was 
 fully represented at the three treaties with Georgia, and that the 
 cessions of land were obtained with the full understanding and free 
 consent of the acknowledged proprietors, and that the said treaties 
 ouiilit to be considered as just and equitable : in this case, shall the 
 commissioners be instructed to insist on a formal renewal and con- 
 firmation thereof? and in case of a refusal, shall they be instructed 
 to inform the Creeks that the arms of the Union shall be employed 
 to compel them to acknowledge the justice of the said cessions ? 
 
 4. But if the commissioners shall adjudge that the said treaties 
 were formed with an inadequate or unauthorized representation of 
 the Creek nation, or that the treaties were held under circumstances 
 of constraint or unfairness of any sort, so that the United States 
 could not, with justice and dignity, request or urge a confirmation 
 thereof: in this case, shall the commissioners, considering the im- 
 portance of the Oconee lands to Georgia, be instructed to use their 
 highest exertions to obtain a cession of said lands ? If so, shall 
 the commissioners be instructed, if they cannot obtain the cessions 
 on better terms, to offer for the same, and for the further great ob- 
 ject of attaching the Creeks to the Government of the United 
 States, the following conditions: First, A compensation in money 
 or L'oods, to the amount of - - dollars ; the said amount to be 
 stipulated to be paid l>y Georgia, at the period which shall be fixed ; 
 or, in failure thereof, by the United States. Second, A secure port 
 on the Altamaha or on St. Mary's river, or at any other place be- 
 tween the same, as may be mutually agreed to by the commissioners 
 and the Creeks. Third, Certain considerations to some and hon- 
 orable military distinctions to other influential chiefs, on their taking 
 oalhs ot allegiance to the United States. Fourth, A solemn gu:ir- 
 antee, by the United States, to the Creeks of their remaining ter- 
 
122 SKETCHES OF DEBATES 
 
 ritory, and to maintain the same, if necessary, by a line of military 
 posts. 
 
 5th. But if all offers should fail to induce the Creeks to make the 
 desired cessions to Georgia, shall the commissioners make it an ul- 
 timatum ? 
 
 6th. If the said cessions shall not be made an ultimatum, shall 
 the commissioners proceed and make a treaty, and include the dis- 
 puted lands within the limits which shall be assigned to the Creeks ? 
 If not, shall a temporary boundary be marked, making the Oconee 
 the line, and the other parts of the treaty be concluded ? In this 
 case, shall a secure port be stipulated, and the pecuniary and hon- 
 orary considerations granted ? In other general objects, shall the 
 treaties, formed at Hopewell, with the Cherokees, Chickasaws, and 
 Choctaws, be the basis of a treaty with the Creeks ? 
 
 7th. Shall the sum of twenty thousand dollars, appropriated to 
 Indian expenses and treaties, be wholly applied, if necessary, to a 
 treaty with the Creeks ? If not, what proportion ? 
 
 The President in the Senate Chamber. 
 
 Saturday, 22d August. Senate met, and went on the coasting 
 bill. The door-keeper soon told us of the arrival of the President. 
 
 The President was introduced, and took our President's chair. 
 He rose and told us bluntly that he had called on us for our advice 
 and consent to some propositions respecting the treaty to be held 
 with the southern Indians. Said he had brought General Knox 
 with him, who was well acquainted with the business. 
 
 He then turned to General Knox, who was seated on the left of 
 the chair. Gen. Knox handed him a paper, which he handed to the 
 President of the Senate, who was seated on a chair on the floor to 
 his right. Our President hurried over the paper. Carriages were 
 driving past, and such a noise, I could tell it was something about 
 Indians, but was not master of one sentence of it. Signs were 
 made to the door-keeper to shut down the sashes. Seven heads, as 
 we since have learned, were stated at the end of the paper, which 
 the Senate were to give their advice and consent to. They were so 
 framed that this could be done by aye or no. The President told 
 us that a paper from an agent of the Cherokees was given to him 
 just as he was epming to the Hall. He motioned to Gen. Knox for 
 it, and handed it to the President of the Senate. It was read. It 
 complained hard of the unjust treatment of the people of North 
 Carolina, &c., their violation of treaties, &c. Our President now 
 read off the first article, to which our advice and consent was re- 
 quested. It referred back principally to some statements in the 
 body of the writing which had been read. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 123 
 
 Mr. Morris rose. Said the noise of carriages had been so great 
 that he really could not say that he had heard the body of the paper 
 which was read, and prayed it might be read again. It was so. 
 
 It was no sooner read, than our President immediately read the 
 first head over, and put the question, Do you advise and consent, 
 Ac.? 
 
 There was a dead pause. Mr. Morris whispered me, we will see 
 who will venture to break silence first. 
 
 Our President was proceeding : As many as 
 
 I rose reluctantly, indeed, and from the length of the pause, the 
 hint given by Mr. Morris, and the proceeding of our President, it 
 appeared to me that if I did not, no other one would, and we should 
 have these advices and consents ravished, in a degree, from us. 
 
 Mr. President : The paper which you have now read to us appears 
 to have for its basis sundry treaties and public transactions between 
 the Southern Indians and the United States and the States of Geor- 
 gia, North and South Carolina. The business is new to the Senate. 
 It is of importance. It is our duty to inform ourselves, as well as 
 possible, on the subject. I therefore call for the reading of the 
 treaties and other documents alluded to in the paper before us. 
 
 I cast an eye at the President of the United States. I saw he 
 wore an aspect of stern displeasure. 
 
 General Knox turned up some of the acts of Congress, and the 
 protests of one Blount, agent for North Carolina. 
 
 Mr. Lee rose and named a particular treaty, which he wished 
 read. 
 
 The business labored with the Senate. There appeared an evident 
 reluctance to proceed. The first article was about the Cherokees. 
 It was hinted that the person j tist come from there might have more 
 information. The President of the United States rose said he had 
 no objection to that article being postponed, and in the meantime 
 he would see the messenger. 
 
 The second article, which was about the Chickasaws and Choc- 
 taws, was likewise postponed. 
 
 The third article more immediately concerned Georgia and the 
 Creeks. 
 
 Mr. Gunn, from Georgia, moved that this be postponed till Mon- 
 day. He was seconded by Few. General Knox was asked when 
 General Lincoln would be here on his way to Georgia. He an- 
 swered not until Saturday next. The whole House seemed against 
 Gunn and Few. 
 
 I rose, and said: When I considered the newness and importance 
 of the subject that one article had already been postponed that 
 
124 SKETCHES OF DEBATES 
 
 General Lincoln, the first named of the commissioners, would not 
 be here for a week ; the deep interest Georgia had in this affair, I 
 could not think it improper that the Senators from that State should 
 be indulged in a postponement until Monday, and more especially 
 as I had not heard any inconvenience pointed out that could possi- 
 bly flow from it. 
 
 The question was put, and actually carried. But Ellsworth im- 
 mediately began a long discourse " on the merits of the business. 
 He was answered by Lee, who appealed to the constitution with re- 
 gard to the power of making war. 
 
 Butler and Izard answered, and Mr. Morris at last informed the 
 disputants that they were debating on a subject that was actually 
 postponed. Mr. Adams denied, in the face of the House, that it 
 had been postponed. This very trick has been played by him and 
 his New Englandmen more than once. The question was, however, 
 put a second time, and carried. 
 
 I had, at an early stage of the business, whispered Mr. Morris 
 that, I thought, the best way to conduct the business was to have 
 all the papers committed. My reasons were that I saw no chance 
 of a fair investigation of subjects while the President of the United 
 States sat there, with his Secretary of War to support his opinions, 
 and overawe the timid and neutral part of the Senate. Mr. Morris 
 hastily rose, and moved that the papers communicated to the Sen- 
 ate by the President of the United States should be referred to a 
 committee of five, to report as soon as might be on them. He was 
 seconded by Mr. Gunn. 
 
 Several members grumbled some objections. Mr. Butler rose. 
 Made a lengthy speech against commitment. Said we were acting 
 as a council. No council ever committed anything. Committees 
 were an improper mode of doing business. It threw business out 
 of the hands of the many into the hands of the few, &c., &c. 
 
 I rose, and supported the mode of doing business by committees. 
 That committees were used in all public deliberative bodies, &c., &c. 
 I thought I did the subject justice, but concluded the commitment 
 cannot be attended with any possible inconvenience. Some articles 
 are already postponed until Monday. Whoever the committee are, 
 if committed, they must make their report on Monday morning. 
 
 I spoke through the whole in a low tone of voice. Peevishness 
 itself, I think, could not have taken offense at anything I said. 
 
 As I sat down, the President of the United States started up in 
 a violent fret. This defeats every purpose of my coining here, 
 were the first words that he said. He then went on that he had 
 brought his Secretary at War with him to give every necessary in- 
 
IN TIN-: FIIIST SKXATK OF TIM-: r\rn:n STATKS. 
 
 formation. That the Secretary knew all about the business, and 
 yet he was delayed, and could not go on with the matter. He 
 cooled, however, by degrees. Said he had no objection to putting 
 off this matter until Monday, but declared he did not understand 
 the matter of commitment. He might be delayed. He could not 
 tell how long. 
 
 He rose a second time, and said he had no objection to postpone- 
 ment until Monday at ten o'clock. By the looks of the Senate, this 
 seemed agreed to. A pause for sometime ensued. We waited for 
 him to withdraw. He did so, with a discontented air. Had it been 
 any other than the man who I wish to regard as the first character 
 in the world, I would have said, with sullen dignit} r . 
 
 The Senate Journal, under date of Monday, August %4i is to this 
 effect : 
 
 The Senate was to-day wholly engaged in executive business. 
 
 The President of the United States being present in the Senate 
 Chamber, attended by Gen. Knox, the Senate resumed the consid- 
 eration of the state of facts and questions thereto annexed, laid be- 
 fore them by the President of the United States, on Saturday last. 
 And the first question (repeating it) being put, was answered in the 
 negative. The third question (repeating it) was wholly answered in 
 the affirmative and it proceeds to state the result as to the several 
 propositions before submitted. 
 
 The journal of Mr. Maclay, under the same date, of Monday, 24th 
 August, is to this effect : 
 
 The Senate met. The President of the United States soon took 
 his seat, and the business began. The President wore a different 
 aspect from what he did on Saturday. He was placid and serene, 
 and manifested a spirit of accommodation. Declared his consent 
 that his questions should be amended. A tedious debate took place 
 on the third article. I was called on by Mr. Lee, of Virginia, to 
 state something respecting the treaty held by Pennsylvania. This 
 brought me up. I did not speak long, but endeavored to be as 
 pointed as possible. The third article consisted of two questions. 
 The first I was for, I disliked the second, but both were carried. 
 
 The fourth article consisted of sundry questions. I moved 
 pointedly for a division. Got it. Yoted for the first, and opposed 
 the second part. A long debate ensued, which was likely to end 
 only in words. I moved to have the words in failure thereof by 
 the United States, struck out, and although Ellsworth, WyngMtc, 
 and Daltoii had spoke on the same side with me, yet I was not 
 seconded. Mv colleague had iu private declared himself of my 
 opinion, also. It was an engagement that the United States would 
 
126 SKETCHES OF DEBATES 
 
 pay the stipulated purchase money for Georgia, in case Georgia 
 did not. The arguments I used on this subject were so plain, I 
 need not set them down. Yet a shamefacedness, or I know not 
 what 5 flowing from the presence of the President, kept everybody 
 silent. 
 
 The next clause was for a free port on the Altamaha or St. 
 Mary's river. This produced some debate, and the President pro- 
 posed secure port in place of free port. Agreed to. 
 
 Now followed something of giving the Indians commissions, on 
 their taking the oaths to Government. It was a silly affair, but it 
 was carried without any debate. 
 
 Now followed a clause, whether the cession of lands should be 
 made an ultimatum with the Creeks. There was an alternative in 
 case this should be negatived ; but, strange to tell, the Senate neg- 
 atived both, when it was plain one only should have been so. 
 
 A boundary was named by a following clause which the commis- 
 sioners were to adhere to. Mone} r and honorary commissions to 
 be given to the Indians. The old treaty with the Creeks, Choctaws, 
 and Chickasaws, made the basis of the. future treaty, though none 
 of them were read to us, nor a single principle of them explained, 
 (but it was late.) The twenty thousand dollars applied to this 
 treaty, if necessary. This closed the business. The President of 
 the United States withdrew, and the Senate adjourned. 
 
 Just as the Senate had fairly entered on business, I was called 
 out by the door-keeper to speak to Col. Humphreys. It was to in- 
 vite me to dinner with the President, on Thursday next, at four 
 o'clock. I really was surprised at the invitation. It will be nry 
 duty to go ; however, I will make no inferences whatever. I am 
 convinced all the dinners he can now give, or ever could, will make 
 no difference in my conduct. Perhaps he knew not of my being in 
 town. Perhaps he has changed his mind of me. I was long enough 
 in town, however, before my going home. It is a thing, of course, 
 and of no consequence ; nor shall it have any with me. 
 
 \/' 
 
 Relative to the Permanent Residence of Congress. 
 
 The journal proceeds : 
 
 Tuesday, 25th August. Attended at the usual hour. On Satur- 
 day I had proposed to Mr Morris to bring forward all the places 
 which had been mentioned for the permanent residence of Congress, 
 at one time. He answered, rather roughly: "Let those that are 
 fond of them, bring them forward ; I will bring forward the falls 
 of Delaware." 
 
 Accordingly, although the President was every moment looked 
 for, he presented the draught of the falls to the Chair. 
 
Ix TIIK FIIIST SKXATK OF TIIK I'MTKD STATES. 1*27 
 
 Yesterday I could do nothing for the attendance of the Presi- 
 dent. This morning, however, I took the first opportunity and pre- 
 sented the draught with the description of Lancaster. I nominated 
 Wright's Ferry, Yorktown, Carlisle, Harrisburg, Reading, and Ger- 
 man! own, giving a short description of each. 
 
 After this the coasting bill was taken up, and read the third time. 
 Then the resolution for adjourning the 22d September. A debate 
 ensued, but was carried. 
 
 The amendments to the Constitution sent from the House of Rep- 
 resentatives. They were treated contemptuously by Izard, Langdon, 
 and Mr. ."Morris. Izard moved they should be postponed till next 
 session. Langdon seconded, and Mr. Morris got up and spoke 
 angrily, but not well. They, however, lost their motion, and Monday 
 was assigned for taking them up. 
 
 Now came the Compensation bill. 
 
 I moved the wages to be five dollars per day. I was seconded 
 by Klmer ; but, on the question, only he, Wingate, and myself, rose. 
 Mr. Morris almost raged; and in his reply to me said he cared not 
 for the arts people used to ingratiate themselves with the public. 
 
 In reply, I answered that I had avowed all my motives. I knew 
 the public mind to be discontented. I thought it our duty to attend 
 to the voice of the public. I had been informed that the average 
 of the wages of the old members of Congress was a little better 
 tjian five dollars per diem. I wished to establish this as a principle. 
 I would then have data to fix a price on, as the old wages were never 
 complained of. 
 
 Morris, Izard, and Butler were in a violent chaff. Mr. Morris 
 moved that the pay of the Senators should be eight dollars per day. 
 
 Up now rose Izard said that members of the Senate went to 
 boarding-houses, lodged in holes and corners, associated with im- 
 proper company, and conversed improperly, so as to lower their 
 dignity and character ; that the delegates from South Carolina used 
 to have 600 sterling per year, and could live like gentlemen, &c. 
 
 Butler rose said a great deal of stuff of the same kind ; that a 
 member of the Senate should not only have a handsome income, 
 but should spend it all. He was happy enough to look down on 
 these things he could despise them ; but it was scandalous for a 
 member of Congress to take any of his wages home he should 
 rather give it to the poor, &<., A:e. 
 
 Mr. Morris likewise paid himself some compliments on his man- 
 ner and conduct in life, his disregard of money, and the little re- 
 spect lie paid to the common opinions of people. 
 
 M r. King got up. Said the matter seemed of a delicate nature, 
 
128 SKETCHES OF DEBATES 
 
 and moved a committee to whom the bill might be referred. This 
 obtained, and a committee of five were appointed. By the com- 
 plexion of the committee, it would seem the Senate want to have 
 their wages enlarged. 
 
 August 26. Attended the Senate. The minutes were lengthy, 
 but I was surprised to find no notice taken of my presenting the 
 draft of Lancaster, the letter, and my nomination of the other 
 places in Pennsylvania, although I had put in writing the whole 
 matter, and given it to the Secretary. When he had read about 
 half way of his minutes, I rose, and called on him to know why he 
 had not inserted them. He said he was not come to them, but 
 seemed much confused. He, however, got the letter, and handed 
 it to the President to read it, and it was read. After this, the nom- 
 ination was read, and Butler opposed their being put on the min- 
 utes. I, however, had a vote for their going on. 
 
 The penal law was taken up. Ellsworth had a string of amend- 
 ments. For a while he was listened to, but he wrought himself so 
 deep in his niceties and distinctions as to be absolutely incompre- 
 hensible. He fairly tired the Senate, and was laughed at. 
 
 I forgot to minute yesterday that the Treasury bill was taken up. 
 
 A number of the Senate had recanted again on this bill, and were 
 against the power of the President's removing, and had answered 
 accordingly. The House of Representatives sent us up an adher- 
 ence, and now Mr. Morris proposed to me to leave the House. I 
 would neither do this, nor change my mind, and he was angry. 
 This was before we had the difference on the compensation bill. 
 
 The Permanent Residence. 
 
 Last night there was a meeting of the Pennsylvania delegation 
 on the subject of fixing the permanent residence. There was little 
 of consequence said. They mentioned their former agreement to 
 vote for every place that should be nominated in Pennsylvania. 
 Clymer said some things that savored more of independence than 
 any of them. Scott declared he would put himself entirely in their 
 hands, and move anything that should be agreed on. Mr. Clymer 
 declared for the Potomac rather than stay here. I understood him 
 that he thought this politically right. Fitzsimmons and the Speaker 
 seemed to second everything that Mr. Morris said. Hartley was 
 for Susquehanna and Yorktown. But, indeed, I think the whole 
 measure likely to be abortive. They have brought the matter for- 
 ward, but have no system. I saw this, but did not hazard a single 
 sentiment on the subject. Indeed, I could not, without implying 
 some kind of censure. 
 
 I called this morning, and endeavored to put Mr. Scott 011 tenable 
 
Ix THE FIRST SENATE OF THE UNITED STATKS. 129 
 
 ground on the affair of removal, and left him in a proper way of 
 thinking. At least, if he should be defeated, to advance nothing 
 but what is defensible. 
 
 Thursday, 27th August. The business in the Senate wfis the 
 third reading of the penal bill. We had but little debate until we 
 came to a clause making it highly criminal to defame a foreign 
 minister. Here Izard, King, and Johnson made a great noise for 
 the paragraph. Mr. Adams could not sit still in his chair. It was 
 a subject of etiquette and ceremony. Two or three times did his 
 impatience raise him to talk in a most trifling manner. However. 
 it did not avail. The paragraph was lost. 
 
 Mr. Morris could not sit one moment with us the subject of the 
 permanent residence was in agitation in the other House. To tell 
 the truth, Mr. Morris' whole attention seems bent to one object, to 
 get the Federal residence to Trenton. Mr. Scott (agreeable to 
 what had been settled this morning) brought in a motion to the 
 following effect : That a place ought to be fixed for the permanent 
 residence of the general Government as near the center of popula- 
 tion, wealth, and extent of territory, as is consistent with the con- 
 venience of the Atlantic navigation, having, also, a due regard to 
 the Western Territory ; and concluded that Thursday next be as- 
 signed for taking it up. This was carried. 
 
 Senate adjourned early. At a little after four, I called on Mr. 
 Bassett, of the Delaware State. We went to the President's, to 
 dinner. 
 
 Dinner with the President. 
 
 The company were : President and Mrs. Washington, Vice Presi- 
 dent and Mrs. Adams, the Governor and his wife, Mr. Jay and wife, 
 Mr. Langdon and wife, Mr. Dalton and a lady, perhaps his wife, 
 and Mr. Smith, Bassett, myself, Lear and Lewis, the President's 
 two secretaries. The President and Mrs. Washington sat opposite 
 each other, in the middle of the table. The two secretaries, one at 
 each end. It was a great dinner, and the best of the kind ever I 
 was at. The room, however, was disagreeably warm. First, was 
 soup; fish, roasted and boiled; meats gammon, fowls, &c. This 
 was the dinner. The middle of the table was garnished in the 
 usual tast}>- way, witli small images, flowers, (artificial,) &c. 
 
 The desert was first apple pies, puddings, &c. ; then iced creams, 
 jellies, &c. ; then water-melons musk-melons, apples, peaches, nuts. 
 
 It was the most solemn dinner ever I sat at. Not an health 
 drank scarce a word said, until the cloth was taken away. Then 
 the President, taking a glass of wine, with great formality, dr:mk 
 to the health of every individual, by name, round the table. Every- 
 body imitated him charged glasses ; and such a buzz of health, sir, 
 9 
 
130 SKETCHES OF DEBATES 
 
 and health, madam, and thank you, sir, and thank you madam, never 
 had I heard before. Indeed, I had like to have been thrown out in 
 the hurry ; but I got a little wine in my glass, and passed the cere- 
 mony. 
 
 The ladies sat a good while, and the bottles passed about but 
 there was a dead silence almost. Mrs. Washington at last withdrew 
 with the ladies. I expected the men would now begin, but the same 
 stillness remained. The President told of a New England clergy- 
 man, who had lost a hat and wig in passing a river called the 
 Brunks. He smiled, and everybody else laughed. He now and 
 then said a sentence or two on some common subject, and what he 
 
 said was not amiss There was a Mr. Smith, who 
 
 mentioned how Homer described JEneas leaving his wife and car- 
 rying his father out of naming Troy. He had heard somebody (I 
 suppose) witty on the occasion ; but if he had ever read it he would 
 have said Virgil. The President kept a fork in his hand, when the 
 cloth was taken away, I thought for the purpose of picking nuts. 
 He eat no nuts, but played with the fork, striking on the edge of 
 the table with it. We did not sit long after the ladies retired. The 
 President rose, went up stairs to drink coffee the company fol- 
 lowed. I took my hat, and came home. 
 
 August 28. There was a meeting of the Pennsylvania delegation, 
 at the lodgings of Clymer and Fitzsimmons. I did not hear of it 
 until I came to the Hall; but I hastened there. The Chief Justice 
 of Pennsylvania and Mr. Pettit attended, with a memorial from the 
 public creditors. Their business was soon done, as we promised to 
 present it in both Houses. 
 
 But it seems there was a further design in this meeting. Mr. 
 Morris attended to deliver proposals from Mr. Hamilton, on the 
 part of the New England men, &c., &c. Now, after the eastern 
 members have deserted the Pennsylvanians, they would come for- 
 ward with proposals through Mr. Hamilton. This same Mr. Mor- 
 ris is as easily duped as another. 
 
 I spoke early, and declared that now the New England men find 
 their deceitfulness has not availed them ; and yet they wish to try 
 their arts a second time that their only view was to get a negotia- 
 tion on foot between them and the Pennsylvanians, that they might 
 break the connection that is begun between the Pennsylvanians and 
 the Southern people. 
 
 I was extremely happy to find this sentiment pervade the Penn- 
 sylvanians. Mr. Morris labored in vain, and his chagrin was visible. 
 We came from the hall. In coming up Broad street, Mr. Mor- 
 ris declared he would oppose the Susquehanna as the permanent 
 
Ix THE FIRST SKNATK OF TIM-: UMTKD STATES. 131 
 
 residence, for it was unfavorable to commerce. He observed me, 
 and added, as far as he could consistent with the engagements he 
 had come under to the delegation. I need no such declaration of 
 his to fix my opinion of his conduct; he has had no other object in 
 view, but the Falls of Delaware, since he has been a Senator at 
 least this has been his governing object. 
 
 Attended at the Hall; and now the report of the committee on 
 the compensation bill was taken up. 
 
 As I knew there was a dead majority against everything I could 
 propose, I had determined not to say a word ; but flesh and blood 
 could not boar them. The doctrine seemed to be that all worth was 
 wealth; and all dignity of character consisted in expensive living. 
 Izard, Butler, King, Morris, led boldly. They were followed by the 
 bulk of the Senate, at least in the way of voting. Mr. Carroll, of 
 Maryland, though the richest man in the Union, was not with them. 
 I did not speak long ; and enraged as I was at such doctrines, I 
 am sure 1 did not speak well. I endeavored to show what the true 
 dignity of character of individuals consisted in, as well as of the 
 assembled Senate. And then, turning, showed that extravagant 
 expense, haughty and distant carriage, with contemptuous behavior 
 to the mass of mankind, had a direct contrary effect; that, in short, 
 mankind were not esteemed in the ratio of their wealth, and that it 
 was in vain for the Senate to attempt acquiring dignity or conse- 
 quence in that way; that I was totally against all discrimination, 
 (meaning between the Senators and Representatives as to pay;) 
 that we were all equally servants of the public; that if there really 
 was any difference in dignity, as some had contended, it could not 
 be increased by any act or assumption of ours it must be derived 
 from the Constitution', which afforded, in my opinion, no authority 
 for such distinction. 
 
 Ellsworth seemed to aim at a kind of middle course said he 
 agreed there was a difference in dignity, &c.; but at present was 
 against any difference in pay. 
 
 Mr. Adams was too impatient to keep his seat. Dignities, dis- 
 tinctions, titles, &c., are his hobby horses. Three times did he in- 
 terrupt Ellsworth. He asked him if the dignity of Senate was to 
 be settled by the people ? If the old Congress had not degenerated 
 for want of sufficient pay? When Ellsworth said the House of 
 Lords in Britain had no pay, he hastily rose and said a seat in the 
 House of Lords was worth 60,000 sterling per annum. Ellsworth 
 laid a trap for himself. 
 
 Up rose Izard, Lee, and others, and called for the sense of the 
 House, on the principle whether there should be a discrimination 
 
132 SKETCHES OF DEBATES 
 
 or not. It was in vain to urge that this was out of order. Lee 
 said it was a division of the clause. I mentioned that if they must 
 have such a question, they should move a postponement. It was 
 in vain either way they would have this question, which was a 
 leading one. Ellsworth and sundry others, who had, occasionally, 
 hinted something of the superior standing of the Senate, voted with 
 it. The yeas and nays were called. Mr. Ellsworth now took the 
 back scent. He had voted for a discrimination, but had repeatedly 
 in his former arguments mentioned six dollars as enough for the 
 Senate. To be consistent, he moved the pay of the Representatives 
 should be five dollars, and mentioned my principle of the average 
 of the pay, which, he said, applied well to the Representatives. 
 
 I rose and mentioned that this was the sum I aimed at for both 
 Houses. But if this was carried, and the Senate stood at six, we 
 who had voted against a discrimination, if there was no division of 
 the House, might stand in an odd light on the minutes. 
 
 There really was nothing of consequence in the last observation, 
 and it was not very well founded ; but when the question on the 
 five dollars was taken and lost, King and sundry others called for 
 the yeas and nays, with an avidity that I had never observed before. 
 I voted against the clause, as I did against every other clause of 
 the bill. 
 
 When the pay of the Senators came forward, in the next clause, 
 at six dollars, I rose and declared I did not wish to detain the Sen- 
 ate ; but I had voted against a discrimination when the yeas and 
 nays were taken. I had voted a pay of five dollars per day to the 
 Representatives. This, in my opinion, was sufficient pay for the 
 members of either House. The yeas and nays were, likewise, taken 
 on this question. Therefore moved that six dollars should be struck 
 out and five inserted, and concluded that then there would be con- 
 sistency in my votes. I had voted no discrimination I had voted 
 for five dollars to the Representatives ; I now wished to have my 
 vote for five dollars to the Senators on the minutes. 
 
 Such a storm of abuse, never, perhaps, fell on any member. It 
 was nonsense, stupidity it was a misfortune to have men void of 
 understanding in the House. Izard, King, and Mr. Morris said 
 every rude thing they could. I did not retort their abuse ; but still 
 explained the consistency of my motion. I stood the rage and in- 
 sult of the bulk of the House for what appeared to me an hour and 
 an half but it was not half so much, perhaps. Izard was most ve- 
 hement that no such motion should be admitted. It was foolish 
 it was nonsense it was against all rule, &c. ; and all this although 
 there never was a fairer or plainer motion before the House. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 133 
 
 It was in vain that I declared I did not begin the business of the 
 yeas and nays. It was in vain that I offered to withdraw the pres- 
 ent motion, if all the yeas and nays were taken off. Izard moved 
 for the previous question. He was replied to that this would not 
 smother the motion. When abuse and insult would not do, then 
 followed entreaty. We adhered to the motion, and had the yeas 
 and nays. General Schuyler joined us; so that we had four. 
 
 August 29, 1789. The House having adjourned over till Mon- 
 day, I had nothing to do. I wished to see the Pennsylvania Repre- 
 sentatives, and went to the Hall. I saw Hartley, and exhorted him 
 against entering into any cabal with regard to the residence. That 
 the line now marked out, and the principles laid down for fixing the 
 Federal residence, were broad, open, and honorable, and such as any 
 man might .avow ; and, above all, cautioned him to beware of the 
 arts and devices of the New England men. He took it kindly, but 
 did not seem to stand in need of any such caution. A moment 
 after, I met Mr. Smith, of Maryland. He had a terrible story, and 
 from the most undoubted authority. A contract was entered into 
 by the Virginians and Pennsylvanians to fix the permanent residence 
 on the Potomac, right or wrong, and the temporary residence was 
 to be in Philadelphia; and Clymer and Fitzsimmons were gone to 
 Philadelphia to reconcile the citizens of that place to it. I an- 
 swered I knew nothing of all this. I doubt it. I really do not be- 
 lievc it. So far as respects myself, if I am considered as included, 
 I know it to be false. He adhered to it with a firmness that sur- 
 prised me. I called on almost all the Pennsylvanians during the 
 course of the day, and informed them of the tale. They all dis- 
 owned every communication whatever in the way of contract with 
 the representation of any State. I called on Mr. Smith in the 
 evening. Told him he must be misinformed. He declared he had 
 it through one person only from one of the Pennsylvanians them- 
 selves. He, however, would give no names. I told him be that as 
 it might, I believed the matter to be groundless. I left him, having 
 paid more attention to this business than, perhaps, it merited. 
 
 Had a card to dine with the Vice President on Friday. Excused 
 myself on account of my health. 
 
 September 1. The salary bill was taken up. There seemed a dis- 
 position, in a number of the Senators, to give princely incomes to 
 all the Federal officers. I really was astonished. Can it be that 
 they wish to surround the President with a set of lordly and pomp- 
 ous officers, and thus having provided the furniture of a court, no- 
 thing but the name of majesty, highness, or some such title will be 
 wanted to step into all the forms of royalty. My honorable col- 
 
134 SKETCHES OF DEBATES 
 
 league seemed particularly attached to all the officers of the Treas- 
 ury. He either moved or seconded motions for augmenting the 
 salaries of every one of .them. I cannot, however, blame him, in 
 particular. He was more decent than many of them. The avowed 
 object of these proposed augmentations was to enable the officers 
 to live in style, to keep public tables, &c. I was not able to rise 
 against this principle ; but Ellsworth and others did the subject 
 justice. I found the parties so nearly balanced that my vote gen- 
 erally decided in favor of the lowest sum. This made me sit in ex- 
 treme pain until we got over the bill. I then withdrew, and it was 
 really with difficulty that I got to my lodging. Almost every mo- 
 tion for increasing the salaries was accompanied with a declaration 
 how vastly the salary was below the dignity of the office ; and that 
 they moved such small additions, despairing of obtaining greater 
 from the House. The citizens of New York, where it is expected 
 their salaries will be spent, and I realty believe the candidates them- 
 selves are busy, and perhaps others, too, who expect favors from 
 the officers. 
 
 September 2. I cannot attend the Hall. Mr. Morris called late 
 in the evening. By him I find advantage was taken of my absence, 
 and a reconsideration was moved, and an addition carried to some 
 of the salaries, (Adams giving the casting vote.) 
 
 The moderate part of the House exclaimed violently against the 
 taking this advantage of my absence, and obtained a poseponement 
 of the bill until to-morrow. But, alas, I cannot attend, if the whole 
 
 Union were at stake. To give me any information on this 
 
 subject was not, however, Mr. Morris' object: There has been a 
 violent schism between him and the Pennsylvania delegation, or, at 
 least, a part of them. He begged leave to give me the whole de- 
 tail of it. It was long, containing the first engagements at the City 
 Tavern, viz : That whatever place in Pennsylvania the New Eng- 
 land men should name, the Pennsylvanians should vote for it. That 
 every place named in Pennsylvania should be voted for by the whole 
 delegation. These things I knew not, they having been transacted 
 while I was absent. But what I well knew was that, when Scott's 
 motion came forward, the New England men, instead of naming the 
 Falls of Delaware, as Mr. Morris expected, this being the point to 
 which all his negotiations with Say, Hamilton, &c., tended, were 
 prepared to expose the Pennsylvanians, and ridicule the whole. In 
 this critical moment, the Virginians stepped into the support of 
 Scott's motion ; rescued the Pennsylvanians from ridicule ; and gave 
 the whole a serious face. In this state were matters on the 28th 
 ultimo, and I thought then that all negotiation with the New Eng- 
 
Ix TIIK FIKST SKNATK OF TIIK Uxi'i KD STATKS. 135 
 
 land men was at an end. Indeed, I was not for entering into any 
 private engagements with any of them. My constant language to 
 the delegation was : You are on tenable ground. Now, keep your- 
 selves there. Something was, however, said, as we parted on the 
 28th, if the New England men have anything to say, it must come 
 from them. Mr. Morris catched this, and opened a negotiation with 
 them, and carried matters so far that a meeting was appointed by 
 Mr. Morris of the Pennsylvania delegation at Clymer's and Fitz- 
 simmon's lodgings, at five o'clock yesterday evening. Mr. Morris 
 whispered me in Senate the whole business is settled, and you must 
 come to Clymer's and Fitzsimmon's lodgings, at five o'clock. 
 
 On quitting the Senate chamber, I called Scott out of the Repre- 
 sentative chamber, to tell him to apologize to the meeting for my 
 absence, as I found myself scarcely able to move one step. All 
 this was new to him. He said if any agreement was made, it must 
 be with the Virginians. I saw a cloud of mystery in the business, 
 wished to attend, and parted with Scott, telling him if I cannot 
 attend, I will send an apology by Mr. Wynkoop. I could not 
 attend ; but so nobly was the matter managed, that while Mr. Mor- 
 ris was introducing Mr. Goodhue and Mr. King, on the part of the 
 Eastern States, Mr. Madison was introduced on the part of Vir- 
 ginia, or introduced himself. There, however, he was ; and occupied 
 a room down stairs, while Goodhue and King sat with Mr. Morris 
 up stairs. Messages were exchanged. The result was, that Clymer, 
 Fitzsimmons, Hiester, Scott, and the Speaker, declared totally 
 against any treaty with the New England men. Hartley and Wyn- 
 koop declared themselves disengaged; and all parties departed. 
 AVI int Mr. Morris complains most bitterly of, is that Fitzsimmons 
 should permit him to bring the New England men to his lodging 
 on the terms of treaty, when he was determined against treating 
 with them ; and that there should be any terms of communication 
 with Madison to which he was a stranger. 
 
 Mr. Morris, however, has not quitted the game. He told me that 
 all the New England men and York delegation were now met, and 
 they would, on the terms of the original proposals, name a place in 
 Pennsylvania, for they had actually agreed on one, which he had 
 no doubt was the Falls of Delaware, (by the by, I doubt it,) and 
 then we would see how the delegation would answer it to their con- 
 stituents to negative a place in Pennsylvania. He then said some- 
 thing to me as to our conduct in the Senate. I said I thought we 
 had better come under no engagements to any of them, but regulate 
 our conduct on the principles of the interest of our State, subordi- 
 nate to the great good of the Union. He agreed to this, and took 
 
136 SKETCHES OF DEBATES 
 
 his leave. And now we shall see what a day will bring forth. The 
 Virginia terms seem to be : give us the permanent residence, and 
 we will give Philadelphia the temporary residence. Mr. Morris 
 declared a vote could not be obtained in the Senate for an adjourn- 
 ment to Philadelphia. 
 
 September 3. Mr. Wynkoop went early to a meeting of the 
 Pennsylvania delegation. They were staggered at the thoughts of 
 voting, in the first instance, for a place out of the State. 
 
 The business came on in the House of Representatives. Good- 
 hue took the lead. And here I could give an advantageous lecture 
 on scheming. 
 
 The mariner's compass has thirty-two points ; the political one, 
 perhaps as many hundreds, and the schemers an indefinite number. 
 And yet there is but one of them that will answer. It is true there 
 were not so many points in the present case, but the wind came 
 from an unexpected quarter. All Mr. Morris' expectations were 
 blasted in a moment, for Goodhue moved a resolution for the Sus- 
 quehanna, as the sense of the Eastern States, exclusive of New 
 York. 
 
 The debate was long and tedious, and the business of this day 
 ended with carrying Scott's motion. Goodhues' stands until to- 
 morrow. 
 
 September 3. Ellsworth popped in this morning, to see if I could 
 not possibly attend on the salary bill ; but I could not. 
 
 Mr. Elmer called in the evening. I know not in the Senate a 
 man, if I were to choose a friend, on whom I would cast the eye 
 of confidence, as soon as on this little doctor. He does not always 
 vote right, and so I think of every man who differs from me; but I 
 never yet saw him give a vote, but I thought I could observe dis- 
 interestedness in his countenance. If such a one errs, it is the sin 
 of ignorance, and I think Heaven has pardons ready sealed for 
 every one of them. Behold, God ! can such an one say, the ma- 
 chine which thou hast given me to work with, faithfully have I 
 played its powers ? If the result has been error, intentional crimi- 
 nality was not with me. 
 
 He was very urgent for my attendance on the salary bill ; but 
 seeing the state of my knee, readity admitted there could be no ex- 
 pectation of it. 
 
 He told me Mr. Morris was exerting his utmost address in en- 
 gaging votes against the Susquehanna he had influence with the 
 Jersey members. The argument was, that they had been treated 
 with disrespect in not having been consulted when the York and 
 eastern members fixed on the Susquehanna. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 137 
 
 If Mr. Morris really expects to obtain a vote for the Delaware, 
 after what has happened, it is a proof how far interest will blind a 
 man. But I do not believe he has any such expectation. His de- 
 sign must be to ruin the Susquehanna scheme, and, in fact, keep 
 Congress in New York. I have heard him declare it ought never 
 to be any where but in Philadelphia or New York. Those places 
 suit his plans of commerce. Nor do I believe he ever will consent 
 to its being any where else, unless it be on his own grounds at the 
 Falls of the Delaware. 
 
 Sept. 4. Goodhue's motion was carried. 
 
 Mr. Morris called in the evening. He sat a long time. I never 
 saw chagrin more visible on the human countenance. " Well," said 
 lie, " 1 suppose yo.u are gratified." I really was vexed to see him 
 so deeply affected. I said,cooly, " I could not be dissatisfied." He 
 repeatedly declared he would vote for the Susquehanna, because he 
 had said so ; but he would do everything in his power against it. 
 This he called candor; but I think he cannot call it consistency. It 
 has loii<- been alleged in this place that Mr. Morris governed the 
 Pennsylvania delegation, and I believe this idea has procured Mr. 
 Morris uncommon attention. The delusion must now vanish. He 
 made ;i long visit. Mr. Wynkoop and myself said everything in 
 our power to soften him, and we seemed to gain upon him. He 
 mentioned, with apparent regret, some rich lands in the Conestoga 
 manor, which he had exchanged with John Musser for lands on the 
 Delaware. 
 
 5th. Worse confined mostty to bed. Visited by sundry gen- 
 tlemen. Scott, Hiester, Fitzsimmons called in the evening. The 
 Susquehanna, Potomac, and Delaware in every mouth. I find Mr. 
 \Vynkoop has revived his hopes of the Delaware. He said, "If we 
 lose the Susquehanna, then it will be fixed at the Delaware." I 
 looked hard at him asked if he had seen Mr. Morris. He answered 
 u no," hesitatingly. I can find by several hints this day that there 
 is some new scheme on foot. 
 
 September 6. Yery ill, and close confined. Izard called to see 
 me. The moment I saw him I understood that he came on a scrut- 
 inixing errand. I made no mystery of anything I knew told him 
 that the certain effect of any new scheme in the Yorkers or New 
 Midland men would most infallibly place us at the Potomac. He 
 repeatedly mentioned a new scheme being on foot ; but I could not 
 leai n what it was. Mr. Morris is in close connection with the York- 
 er-, and communicates everything to them. 
 
 Mr. ('lynier called on me. He spoke highly in favor of the Sus- 
 quehanna, as being the most favorable position in the State for the 
 
138 SKETCHES OF DEBATES 
 
 benefit of Pennsylvania. Blamed Mr. Morris much said he would 
 yet ruin all. In the evening, the Speaker called. He speaks more 
 confidently of the Susquehanna than any of them. I told him I did 
 not like the adjournment, when the question was ready to be put, 
 yesterday. He endeavored to account for this ; but I think it 
 bodes ill. 
 
 Monday. I am still very ill. This day was the trial of shift, eva- 
 sion, and subterfuge, in the House of Representatives ; but the 
 Susquehanna vote was carried, by a majority of seven ; and Ames, 
 Lawrence, and Clymer appointed a committee to bring in a bill. 
 Close confined, and very ill. Unable to get information, or to min- 
 ute it down if I had it. 
 
 Tuesday 8. Still close confined, &c. The Speaker called, and 
 gave us an anecdote of Mr. Madison, which seems to discover some 
 traits of the less amiable in his character. While the salary of the 
 Governor of the Western Territory was before the House, in the 
 first stage of the business, Madison had supported it at $2,500. But 
 during the Susquehanna debate, Mr. Clymer, seeing Gov. St. Clair 
 in the gallery, addressed a note to him, for information. The Gov- 
 ernor sent back an answer in writing, which contradicted the posi- 
 tion of the friends of the Potomac. This day Madison moved a 
 reduction of five hundred dollars from his salary. 
 
 This week has been one of hard jockeying between the Senate and 
 House of Representatives. The Senate insisted, and hard, too, for 
 a mark of superiority in their pay. It was a trial who should hold 
 out longest. The House of Representatives gave way, more especi- 
 ally after the Senators told them, that if you want your pay, send us 
 a bill for yourselves only, and we will pass it. I really wonder, in the 
 temper the House is in, that they had not done it ; but they were 
 aware that the majority of the Senate would fly from this proposal, 
 as I believe many of them need money as much as any of the Rep- 
 resentatives can do. It was a trial of skill, in the way of starva- 
 tion; and the dignity or precedence, or call it what you will, which 
 could not be gained from the understanding of the House of Rep- 
 resentatives, was extorted from their pockets. 
 
 I have been visited this week by .... Pennsylvanians, and by 
 Doctor Elmer and Wingate, of the Senate. 
 
 I will venture but one remark on the .... of the permanent 
 residence. It will, however be rather a series of remarks. 
 
 Neither New England men nor Yorkers are sincere about moving 
 from this place. They firmly believe the whole will end in vapor. 
 Mr. Morris is to destroy the Susquehanna scheme in the Senate, if 
 not sooner, in order to bring forward the Delaware. This he will 
 
IN Tin; FMIST SKXATJ-: OF THE UNITED STATES. 139 
 
 do, with small assistance from the Yorkers, l)y engaging the Sen- 
 ators of Jersey and Delaware ; and, this being done, the Delaware 
 destroys itself, for the New England men fall to pieces, their en- 
 gagement having only been for the Susquehanna. These arts are 
 likely enough to succeed. 
 
 Sunday, 13. In the evening, Mr. Morris, Mr. Clymer, and Mr. 
 Fitzsimmons called on me. I thought that the Susquehanna had 
 not got justice done in the arguments. Spoke long on this subject 
 to possess them of my ideas of it. All the talk and speculation 
 about the Western Territory is visionary. Nothing will come on to 
 the Atlantic rivers from the western waters. If it should, the Sus- 
 quehanna has the advantage in the double connection by Juniata 
 and the West Branch. I was listened to throughout with'apathy. 
 
 Monday, 14th. About twelve Mr. Clymer called in said he had 
 a letter from Reading Howell, with important explanation. He read 
 part of it, and desired I would draw up the thoughts I had expressed 
 last night, that a publication might be prepared against the time of 
 taking up the bill. Dr. Johnson and Mr. Carroll called while he 
 was in, and interrupted us a little. He stayed a moment after them, 
 and said he would call early to-morrow morning, that we might set- 
 tle on something for publication. I confessed plainly to him the 
 same thoughts which I minuted on Saturday ; but he said Mr. Mor- 
 ris was now contented. I was so unwell that I had to go to bed ; 
 and here, leaning on my elbow, I arranged something, but was 
 greatly at a loss for maps, and for the distances on the Susquehanna 
 and Potomac, beginning at tide water, to Fort Pitt, so that what I 
 composed was with blanks. 
 
 Tuesday, 15th. Between ten and eleven Mr. Clymer, Mr. Fitz- 
 simmons, and Governor St. Clair called. I read what I had pre- 
 pared, and it seemed to give satisfaction; but I took notes of sundry 
 matters from them to be inserted. The blanks were, however, still 
 open. They promised to furnish these distances from Mr. Ames. 
 This was done after I had finished the composition, and the putting 
 them in could not be done but clumsily. I hastened to get over 
 the business, expecting they would call soon; but night came with- 
 out my hearing from them. I cannot go out, and there is a listless- 
 ness in all our Pennsylvanians on this subject. I can think of many 
 things which I would have done, could I go about, which must now 
 remain undone. 
 
 Wednesday, 10th. To-morrow the bill for the permanent resi- 
 dence is to be taken up, and yet till is quiet on our part.. .Mr. 
 Wvnkoop told me he had walked a long time opposite Trinity 
 church, with Mr. C. and Mr. F., and that they had spoke of me, and 
 
140 SKETCHES OF DEBATES 
 
 nothing more. He offered to do anything. I thought of Hartley. 
 He is active, and will be in earnest. Mr. Wynkoop went for him. 
 He came, and I put the paper in his hands. Mr. Wynkoop re- 
 turned before the House met, told me Child was to print it, and 
 they would send the proof-sheet to me for correction. 
 
 About two o'clock, Mr. Morris, Mr. King, and Mr. Butler called 
 on me. The talk was only about the judiciary. Mr. Morris said 
 he had followed Ellsworth in everything ; if it was wrong he would 
 blame Ellsworth. King said he had never had an opportunity of 
 judging of it. I censured it as freely as ever. 
 
 There was a meeting of the Pennsylvania delegation this evening, 
 to regulate their conduct respecting the part they would act about 
 the opening of the Susquehanna. They agreed to wait on Smith 
 and Jeney in the morning. I had begged Mr. Wynkoop that they 
 should get the proof-sheet and correct it ; but it is likety they would 
 not send for it. The printer's boy, however, called on me, and I 
 corrected it. I can find that Germantown is the place that is to be 
 played against the Susquehanna. I had hopes that this opposition 
 was dropped. I believe they are not as active as some days ago, 
 but lie by, fully bent to take all advantages. We will see what they 
 will do. But I have laid it down as the only sure ground, to adhere 
 to the Susquehanna. 
 
 Thursday, 17th. Some people are so hardy, as to deny that the 
 Susquehanna affords any navigation at all. Boudinot is one of 
 them. I wrote to Mr. Burrell to furnish an extract of the stores 
 forwarded on the Susquehanna in the year 1779, and the usual load 
 of a river boat. My Wynkoop went to him with the letter. He 
 said he would do what he could, but rather excused himself. I sent 
 some information to Mr. Ames, by Mr. Wynkoop ; and now we must 
 see what they will do. 
 
 The day is rainy, and nobody has called. About dark Parson 
 Lynn came in. Joy was in his countenance. He told me the Mary- 
 land condition was carried, and of course there would be schism 
 among the Pennsylvanians that Gerry had moved for the Falls of 
 .Delaware, instead of the Susquehanna. The whole of what he said 
 convinced me that I was not in the least mistaken as to the meas- 
 ures they are carrying on. The Pennsylvanians will divide ; the 
 New England men and Yorkers both will come off with apparent 
 honor, and Congress remain where it is. Late at night, in comes 
 Mr. Wynkoop in higher spirits than ever I saw him. It is all over 
 with the Susquehanna. We must vote against it now. I have just 
 come from Clymer and Fitzsimmons' Todgings ; they are of the 
 same opinion; and now for the Falls of Delaware. The Mary- 
 
IN THE FIII>T SF.NATK OF TIN-: I'NITKD STATES. 141 
 
 landers have carried a clause, that Pennsylvania and Maryland 
 shall consent, to the satisfaction of the President, that the naviga- 
 tion of the Susquehanna shall be cleared, but not at their expense. 
 We never will consent to la}' our State under any restrictions. 
 The only reply I made was : So then, rather than consent that the 
 navigation of the Susquehanna should be opened, you will drive 
 Congress away from its banks. This is the point of view in which 
 it will be considered, and in which you must expect to answer for 
 it. 
 
 18th. I wished to see some of our Pennsylvanians. Clymer and 
 Fitzsimmons had called a meeting last night, in order to make them 
 change their ground and vote for the Falls of Delaware. This was 
 the intention of the meeting, from what Wynkoop clearty enough 
 expressed. I wrote a note to Hartley, but he came in just as I was 
 sealing it. He was in a high rage at the Philadelphians, and de- 
 clared they had been insincere from the beginning. He seemed to 
 want my opinion. I gave it freely to adhere firmly to the ground 
 that had been taken, and support the bill at all events. I had 
 written a note to the Speaker, but he came in immediately after I 
 had sent it away. He seemed clearly in sentiment with Hartley, 
 and gave substantial reasons for it. He said an absolute agreement 
 had been made between the Pennsylvanians on one part, and Smith 
 and Seney, of Maryland, on the other, that the Maryland condition 
 should be that " Pennsylvania would throw no impediment in the 
 way of clearing the Susquehanna." This gave entire satisfaction 
 to Smith and Seney was to have been brought forward by the 
 friends of the Susquehanna, and Smith and Seney, by voting for 
 it, would have carried this and rejected the other Maryland condi- 
 tion. But Mr. Fitzsimmons broke the agreement and flew off yes- 
 terday morning. This, of course, fixed Smith and Seney to the 
 exceptionable condition which was carried by means of their votes. 
 So that it seems as if Mr. Fitzsimmons wished some vote to be 
 carried that would furnish him and others with a pretext for break- 
 ing off from the Susquehanna ; for they could have prevented this 
 Maryland condition, if they had chosen so to do. 
 
 Further, that his partner in Philadelphia mixes with all classes 
 of people ; that the common people were well satisfied with Con- 
 gress being on the Susquehanna ; but of late he could hear among 
 the leading men about the bank, &c., many opinions and predictions 
 that it never would be on the Susquehanna, &c. 
 
 I think it' no unfair conclusion to say that Philadelphia spite hath 
 done this, although it be the act of but a few individuals in th:it 
 place. I can n<v clearly account for the listlessness and apatliv of 
 
142 SKETCHES OF DEBATES 
 
 some persons respecting the Susquehaniia. Indeed, it is question- 
 able whether the late application to me was anything more than a 
 blind to cover their intended defection. 
 
 By this and yesterday's papers, France seems travailing in the 
 birth of freedom. Her throes and pangs of labor are violent. God 
 gave her an happ3 T delivery. Royalty, nobility, and the vile 
 pageantry by which a few of the human race lorded it over, and 
 trod on, the necks of their fellow mortals seem likely to be demol- 
 ished with their kindred Bastile, which is said to be laid in ashes. 
 With what indignation do I review the late attempt of some among 
 us to revive the vile machinery. 
 
 This evening the Speaker called. He repeated the whole of what 
 he had told me in the morning, in the presence of Mr. Wynkoop. 
 Said he did not know what to make of men who agreed to a thing 
 over night, and denied it in the morning. Fitzsimmons and Clymer 
 were tired of the Susquehanna, &c., &c. 
 
 September 19. This morning, Colonel Hartley's son called on me 
 with a note, and showed me the copy of a letter which the Colonel 
 had written to Clymer and Fitzsimmons. He called on them for 
 an adherence to their former tenor of conduct respecting the Sus- 
 quehanna, and plainly declared that their defection now would be 
 considered as a proof of their insincerity from the beginning. I 
 am unwilling there should be any schism among the Pennsylvania 
 representatives. Perhaps, this letter may lay the foundation of it. 
 Perhaps, it may have the contrary effect. It is, however, done 
 without the advice of any person, and we are left to attend to the 
 event. 
 
 I have wished much to have seen Clymer and Fitzsimmons, for 
 some days past. I dropped distant hints of this often to Mr. Wyn- 
 koop. This had no effect I could not justify myself in sending for 
 them. However, I know not if I could have any influence with 
 them, and I know that Wynkoop carries, faithfully, every word 
 which I say, to them. Dr. Franklin says the world will do its own 
 business. I must let it do so on this occasion, for my lame knees 
 will not let me help it. 
 
 Had a note from Col. Hartley. The permanent (residence) busi- 
 ness is put off until Wednesday next, on account of the indisposi- 
 tion of some members. The House, by joint resolution with the 
 Senate, are to break up on Tuesday. Appointing Wednesday seems 
 like the oblivion committee in the British Parliament, on the Amer- 
 ican petitions, before the Revolution. But we will see what will 
 come of it. 
 
IN TIIF, FIIIST SF.NATK OK TIM-: VNITKI> STATKS. 143 
 
 (In a marginal note, it is simply observed that Mr. ] Tartley was 
 mistaken when IK- wrote this note,) 
 
 Tin- journal proceeds : In the evening, Mr. J)alton called to see 
 inc. Soon after. Mr. Morris and Mr. Fitzsimmons came in. Soon 
 after. Mr. Scott Mr. Dalton went away. Mr. Scott said, what 
 shall we do with the residence ? I believe we must vote for it. I 
 don't know, said Fitzsimmons, if the condition had only been that 
 we should not prevent the clearing of the Susquehanna, I should 
 not have cared. Scott said, in fact it amounts to no more now. I 
 don't know, said Fitzsimmons. Mr. Morris said, abruptly, the con- 
 tract is broke we were to have this thing free of any condition. I 
 have, however, a letter from Peters, on this subject. He got out 
 the letter, but did not read it. Mr. Scott was on his feet, and went 
 awa}\ The others soon followed. 
 
 When Mr. Morris talked of the contract being broke, I asked: 
 Have any of the eastern people given way ? Have any of them 
 voted against the Susquehaniia ? Mr. Fitzsimmons said, none. 
 
 I can readily guess what Mr. Morris means by saying the con- 
 tract is broke. Need his vote be expected ? 
 
 September 20. Col. Hartley called in this morning ; says the busi- 
 ness of the permanent residence will come on to-morrow. I could 
 clearly gather from what he said, that the eifort would be to throw 
 off the whole business for this session ; for, from what I can learn, 
 they are not able to engage the !Nc\v England men for the Delaware; 
 therefore postpone, and wait for the chapter of chances. 
 
 Monday, 21. Dressed nvyself. Weak and languid, but went to the 
 Hall. Thought I would not be able to stay long ; but when the 
 business began I seemed amused, and grew better. I stayed it out 
 until after three o'clock. 
 
 The judges' salaries were taken up. That of the chief justice 
 had been settled before, at $4,000 ; that of the puisne judges was 
 put at $3,000. Mr. Morris moved for $500 more, seconded by Iz- 
 ard a division, nine and nine ; the President had to give the cast- 
 ing vote, and had the yeas and nays called on him. He, however, 
 made a speech: Somebod}' had said judges could be had for less. 
 That people must be abandoned and forsaken by God, who could 
 speak of buying a judge as you would a horse. Judges should por- 
 tion their children, bring them up, provide for them, <fcc., &c. Many 
 families in New England had suffered by the head of it being a judge. 
 
 Motions were made for increasing everything almost. None, how- 
 ever, carried until they came to the Attorney General. Mr. Morris 
 moved it should be $2,000. King seconded. A division, nine and 
 nine ; and the President voted for it. Wyngate called for the yeas 
 
144 SKETCHES OF DEBATES 
 
 and nays. Adams looked pitiful. Said he would be made the scape- 
 goat for everything, A member got up to have the yeas and nays 
 retracted. Gray son, who had been with us before, spoke against 
 having them now. So they were not called. The House of Repre- 
 sentatives threw out this amendment, and it was reduced to $1,500. 
 
 Hartley called me out to tell me that the Susquehanna bill was 
 carried. (This meant in the House of Representatives.) Mr. Mor- 
 ris was all day calling out members. Gray son, Gunn, King, Reed, 
 and Butler were some of them that I saw him take aside. The 
 citizens and Wynkoop dared not vote against it. It would have 
 had no effect if they had. Mr. Morris, being a six years' man, con- 
 siders himself as independent, and he is to destroy it in the Senate. 
 The others think to escape censure by this shift. When I consider 
 how agreeable it will be to the eastern members, and to the Yorkers, 
 to destroy all this business, I really fear Mr. Morris. It is so easy 
 persuading men to do what they wish for. We must, however, wait 
 the event. 
 
 22. Dressed, and went to the Hall. Resolution came up from 
 the other House rescinding the resolution of adjournment on this 
 day, and for adjourning on Saturday. Concurred. 
 
 The Permanent Residence. 
 
 Bill for the permanent residence read the first time. Butler 
 moved to postpone till next session. Seconded by Grayson. Lee, 
 Butler, and Grayson spent about an hour. They had only Izard 
 and Gunn to join them on this business five in all. From hence, 
 I think, we may prognosticate that the bill will pass in some shape 
 or other. Mr. Morris in the deepest chagrin. Did not speak to me 
 in the morning. Left his usual seat to avoid me. Never spoke 
 until we were coming out of the Senate Chamber. He then asked 
 if I continued to grow better. I answered in the affirmative, but 
 he could not talk to me. 
 
 I met General St. Clair at the Hall. If I had no other clue, I 
 could tell how the Philadelphians stood, by him. He was all full 
 of doubts the bill would never do the President would never act 
 on it the river might not admit of navigation, &c., &c. The bill, 
 however, passed, 31 to IT, in the House of Representatives. 
 
 Wynkoop cannot sit with me this evening ; he is caballing down 
 stairs. Mr. Linn called ; told me the design of the Virginians and 
 the Carolina gentlemen was to talk away the time, so that we could 
 not get the bill passed. 
 
 23d. Went to the Hall early. Mr. Carroll came in ; told me Mr. 
 Morris was against the bill, and wanted to bring forward German- 
 town and the Falls of Delaware. 
 
IN TIIK "FiusT SKNATK OK TIII-: UNITI-:I> STATKS. 1 IT. 
 
 The Senate met, and every endeavor was used to waste time. Lee, 
 Butler, Grayson, refused to go on with the business, as Gumi was 
 absent. (Jumi came, and then they wanted to go and see the balloon 
 let off. But at last the bill was read over. I was called out. There 
 was Mr. Morris, Mr. Fitzsimmons, and Col. Hartley. Fitzsimmons, 
 began telling me what the Pennsylvanians had agreed to do first, 
 strike out the proviso clause. If this could be done, then agree to 
 the bill ; but if this could not be done, then abandon the Susque- 
 hanna, and try for the Falls of the Delaware and Germantown. As 
 he stated it to me, I understood that all the Pennsylvanians but 
 myself had agreed to this. I told him it was a late moment to call 
 on me when the bill had actually been read over, and the first clause 
 taken up ; that the proviso had nothing so terrible in it as to make 
 me abandon the bill, rather than consent to it ; that I saw no safety 
 in anything but adhering to the bill, and if we lost the bill, we must 
 go to the Potomac. 
 
 Mr. Morris raged out something against the proviso, or to the 
 advantage the State would lose by such a proviso being adopted ; 
 and concluded : " I never will vote for the bill unless the proviso is 
 thrown out." I said, slowly, he would act as he pleased. 
 
 He knows as well as I do, that the Senate never will reject the 
 proviso. Fitzsimmons and Morris, however, said, " let us call King 
 out." King came. Fitzsimmons said, " The Pennsylvania dele- 
 gates were against the proviso ; and in case the proviso was con- 
 tinued, five were for trying the Falls of Delaware and Germantown." 
 Col. Hartley corrected him and told him " only four." As I had 
 nothing to do with their bargain, I turned on my heel and left them. 
 
 I thought it strange conduct of our delegates, after they had 
 all voted for the bill, to be making such offers. If the proviso is 
 struck out, the two Mary landers will vote against us. If m, Mr. 
 Morris will vote against it. I have expected nothing else of him 
 for some time. 
 
 Mr. Morris moved that the first and second clauses should be 
 postponed, so as 'to come at the proviso. This brought on a lengthy 
 debate. Butler was severe on Mr. Morris. Said his views were 
 totally local. Let us keep the Federal town on the Susquehanna, 
 and let there be no navigation out of it, and then 3*011 must come 
 to Philadelphia. But rather than have the Susquehanna opened, 
 which will take some of our trade away, we will not let 3^011 put the 
 Federal town there. 
 
 Morris replied with apparent heat, The other retorted. (Jray- 
 son and Lee were both up. Tzard was up ; and loiiu' spceehes were 
 made. The question was, however, put :md carried. 
 10 
 
146 SKETCHES OF DEBATES 
 
 And now, Mr. Morris moved to strike out the proviso. I forget 
 who seconded him. The reason he gave was that the State of 
 Pennsylvania had a bargain on hand with Maryland, about this 
 matter, and commissioners were appointed to negotiate it. Penn- 
 sylvania would suffer the Susquehanna to be opened, if Maryland 
 would suffer a canal to be dug between the bays of Chesapeake and 
 Delaware. That he would be betraying the interest of the State 
 in so imminent a degree, that he dared not go home to Pennsyl- 
 vania if such a clause was in the bill. 
 
 I had hinted to Mr. Morris that the last law for clearing the Sus- 
 quehanna had no condition ; but he answered, the Mary landers 
 thought it had. 
 
 It was now that the most unbounded abuse was thrown on the 
 State of Pennsylvania. Lee, Grayson, Butler, and Izard struggled 
 who should be up to rail at the Government. 
 
 Mr. Carroll got up and answered Mr. Morris mildly. I whipped 
 out, and sent for Col. Hartley, and got from him the late law for 
 clearing the Susquehanna. So great was the rage for speaking, 
 that I could scarce get a word said. I endeavored to be up first 
 on the sitting down of Butler, but Lee was up with me. I begged 
 for indulgence, as I had information to give which I thought very 
 material. I stated the importance of the question, and declared 
 it my duty to give all the information in my power. That the 
 State of Pennsylvania deserved none of the illiberal abuse that had 
 been bestowed on it. That no such design as shutting up the Sus- 
 quehanna could be charged on Government. I then read several 
 clauses of the act, declaring the Susquehanna and its branches high- 
 ways, to the Maryland line. I declared I did not think there was 
 a single Pennsylvanian of character that could be so base as to wish 
 the shutting up the mouth of that river. That for my part, I con- 
 sidered the proviso as harmless, and if it tended to give satisfac- 
 tion to the public at large or any individuals, I had no objection to 
 it. That I thought the business, on the part of Pennsylvania, done 
 already ; but if any more was wanted, I had no dolibt of their doing 
 it. I could, for my part, apprehend no danger from the proviso. 
 Much, it was said, was put by it in the President's power. But he 
 had his honor to support. I was convinced he would neither traffic 
 with his own character, nor the public expectation ; and I was con- 
 vinced no defect would be experienced on the part of the State of 
 Pennsylvania. 
 
 The rage for speaking did not subside ; but it took a different 
 
 NOTK. Such a canal is now in agitation. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 147 
 
 turn. Mr. Morris said he did not know of that law. The question, 
 however, was put, and five only rose for rejecting the proviso : 
 Morris, Knox, Schuyler, Johnson, and Dalton. There was now a 
 cry for adjournment, to see the balloon, and the Senate rose. 
 
 September 23. Mr. Clymer called about eight o'clock. Began to 
 speak against the Susquehanna. Said there was an old interest, and 
 a new interest starting up to destroy it in Pennsylvania, by sending 
 the trade into the new interest. That he would not for a thousand 
 guineas the law would pass. That the old commercial interest had 
 nourished Philadelphia it was an ornament to the State. He 
 seemed willing to persuade me that I should vote against the bill. 
 I asked him how he thought it would look for me to vote against 
 it, when they had all voted for it on Monday last ? He said he was 
 induced to do so, expecting a change in the Senate. That he 
 would not for half his estate he had done so. That he was duped 
 into it. I told him that was not my case, for I had followed my 
 judgment hitherto, and would continue to do so. That if we changed 
 our ground in the Senate, and could insert any other place than the 
 Susquehanna, we lost our hold of the eastern people, and the whole 
 fell to the ground, agreeable to what I had told him on Monday 
 week, and that at the next session Virginia would come forward 
 with five members from North Carolina, and be joined by two or 
 three from Pennsylvania, and we should infallibly go to the Poto- 
 mac ; and for my part I would rather stay on the Susquehanna. 
 He declared, for his part, he would not. 
 
 M r. Clymer used to extol the advantages of the Susquehanna ; 
 and declared, as he sat on my bedside about a fortnight ago, that 
 no position in Pennsylvania was equal to Susquehanna. All this 
 change has taken place since Gen. Irwin came to town, and declared 
 there was a contract on foot for clearing the Conewago falls for 
 four thousand pounds. 
 
 Now w^iat am I to think of the citizens of Philadelphia, and some 
 others of the Pennsylvania delegation. Can I help concluding, on 
 the most undeniable data, as well from what I have heard as from 
 circumstances and their own declarations, that they ever have been 
 opposed to the Susquehanna, and voted for it purely to save their 
 popularity in the State ; and trusted to Morris, who is a six-year 
 man, to destroy the bill in the Senate. Have I a name for such 
 conduct ? Thus to drive away Congress from the State, rather 
 than a few barrels of flour should pass by the Philadelphia market, 
 in descending the Susquehanna ; and rather than the inhabitants of 
 this river should enjoy the natural advantages of opening the navi- 
 gation of it. I think it probable these arts will prevail. 
 
148 SKETCHES OF DEBATES 
 
 September 24. This day Morris voted against the Susquehanna. 
 King, Schuyler, and all the New England men, except Doctor John- 
 son, voted against it. Mr. Morris' vote alone would have fixed us 
 on the Susquehanna forever. The affair has taken the ver}>- turn I 
 predicted. Our ruin is plotted, contrived, and carried on, in con- 
 junction with the Yorkers. 
 
 I gave an account of the center of population being in Pennsyl- 
 vania ; the center of wealth ; and the geographical center. Went 
 at large into all the detail of the Potomac and the Susquehanna. 
 When the Potomac was voted for, I was long on my legs, or I shall 
 say my knees, and they grew weary. We easily threw out the Po- 
 tomac ; but I well knew all this was in vain. 
 
 This whole morning, and for an hour after the Senate met, the 
 York Senators and representatives were in the committee-room, 
 and Mr. Morris running backwards and forwards, taking out one 
 Senator after another to them, and Adams delaying business for 
 them. No business was ever treated with more barefaced partial- 
 ity. Mr. Morris moved that the words at some convenient place on 
 the banks of the Susquehanna, &c., should be struck out, and that 
 it might remain a blank for any gentleman that pleased to name a 
 place. 
 
 I objected to this as unfair, for, by this means, the banks of the 
 Susquehanna would be thrown out, when, in fact, that place might 
 have more friends than any other individual place, for all those who 
 wished a different place would unite on this vote, however different 
 their views might otherwise be ; and thus the place rejected in the 
 first instance would be laid under an unfavorable impression. That 
 I saw no reason to deviate from the common mode, which had al- 
 ways been to move to strike out certain words in order to insert 
 certain other words, and thus men would plainly see their way clear, 
 and the intention of the mover. 
 
 Mr. Adams answered me from the chair. Said it was, all fair. 
 
 It was in vain to argue. The question was put, and seven only 
 rose. 
 
 Up got Mr. Morris. Said the question was not understood, and 
 begun his explanations. He said he' had often wished to explain 
 himself on the subject of the residence, but was always prevented. 
 That Pennsylvania was averse to the Susquehanna, and would give 
 $100,000 to place it at Germantown. 
 
 I rose to the point of order. Declared that no motion or appli- 
 cation for reconsideration could be received from a member in the 
 minority. Quoted parliamentary practice, and appealed to the 
 Chair. 
 
IN THE FIHST SENATE OF THE UNITED STATES. 149 
 
 Mr. Adams now made one of his speeches. Unfortunately, it 
 seems none of our rules reached the point. New matter had been 
 alleged in argument, &c. 
 
 It was in vain that I alleged that no business ever could have a 
 decision, if minority members were permitted to move reconsidera- 
 tions under every pretense of new argument. Adams gave it against 
 me. 
 
 Mr. Morris now assumed a bolder tone. Flamed away in favor 
 of Germantown. Repeated his offers in the name of the State, &c. 
 
 I declared I considered myself to enjoy the confidence of Penn- 
 sylvania in as unlimited a manner as my honorable colleague. That 
 I firmly believed the general sense of the State was more in favor 
 of the Susquehanna than Germantown ; and that, if money was to 
 be given, the Susquehanna was most likely to obtain it. I, however, 
 denied that any State money was appropriated to any such purpose, 
 and called on my colleague to produce the authority on which he 
 made the offer. 
 
 He now came forward the great man and the merchant. Pledged 
 himself that, if the State would not, he would find the money. 
 
 A vacant stare on this seemed to occupy the faces of the Senate. 
 But the New England men helped him out. It was proposed that 
 the validity of the law should depend on the payment of the money, 
 and that a clause for this purpose should be now inserted in the bill. 
 And to work some of them went in fabricating such a clause. Mr. 
 Morris had not yet been regularly seconded ; but I began to see, 
 when it was too late, that I had committed a mistake in not appeal- 
 ing to the House from the decision of the Chair. 
 
 Bassett got up and recanted said he had not understood the 
 question. It was in vain that we urged that the question was fairly 
 put. A reconsideration was called for. There is really such a thing 
 as worrying weak or indifferent men into a vote. Urging that the 
 matter had not been sufficiently explained and understood how fair 
 and inoffensive^ the measure, &c. all these arts were played off with 
 the utmost address on this occasion ; and with the weight of John 
 Adams, succeeded. It was reconsidered, and eleven voted for this 
 fair and inoffensive measure. 
 
 In a moment, by way of fixing them against the Susquehanna, 
 although it was still called out, we will take a vote on the Susque- 
 hanna, the yeas and nays were called. And now Gray son and Lee 
 moved for the Potomac. 
 
 They had moved for striking out the word Pennsylvania, so as to 
 leave the whole banks of the Susquehanna open, and lost it. 
 
 Now was a lengthy debate, in which I supported the Susque- 
 
150 SKETCHES OF DEBATES. 
 
 hanna ; but it is too much to insert what I said. The Potomac lost 
 it, and the blank now remained. 
 
 Mr. Butler now rose and moved to fill the blank with the words, 
 "banks of Susquehanna, &c.," the same words which had been 
 struck out. I seconded the motion. 
 
 Up got Mr. Morris, and opposed this with warmth. He allowed 
 that there might be a question taken on the Susquehanna ; but he 
 would have a vote taken on his place first. 
 
 Butler insisted that as his motion was fairly before the House, 
 and seconded, it must be disposed of. 
 
 Morris replied without any reason on his side, indeed ; but he had 
 no need of reason, when he had votes enough at hand. 
 
 King got up and said he had no objection to a vote being taken 
 on the Susquehanna; but it ought to be the last place. 
 
 However, for the sake of order, they had to move a postpone- 
 ment of the motion on the Susquehanna. The postponement was 
 carried. 
 
 Mr. Morris then came forward with an amendment for locating, 
 ten miles square, adjoining the city of Philadelphia, in the counties 
 of Philadelphia, Chester, and Bucks, including Germantown, with 
 a proviso that the act should not be in force until the one hundred 
 thousand dollars should be secured to the United States by Penn- 
 sylvania, &c. 
 
 I could not abandon the Susquehanna, at any rate in the present 
 stage of the business ; but for me to enter into a proviso which 
 would operate as an engagement on the State, without the least au- 
 thority for so doing, appeared to me highly improper. I therefore, 
 under every view of the matter, concluded, in a moment, to vote 
 against his motion. 
 
 The Susquehanna bill placed the Federal town in the heart of 
 Pennsylvania, provided for purchasing the land, erecting the build- 
 ings, &c , without one farthing expense to the State, to say nothing 
 of the most important subject of clearing the Susquehanna, which 
 would be done by Federal and Maryland money, in case of Congress 
 being placed on its banks. I therefore reserved my vote for the 
 Susquehanna. 
 
 The House divided on Mr. Morris' motion nine and nine. The 
 President rose to give the casting vote. He spoke well of the 
 Potomac, (to gratify the Virginians ;) slightly of the Susquehanna, 
 (which had but few friends ;) highly of Philadelphia and New 
 York, in each of which places he said the Congress ought to stay 
 alternately, four years at a time ; said if the question were to reject 
 
IN THE FIRST SENATE OF THE UNITED STATES. 151 
 
 the whole business, he could have no doubt, but as Pennsylvania 
 had offered the money, he would vote for Oermantown. 
 
 Thus fell our hopes. This unwarranted offer of the money 
 knocked down the Susquehanna. It was now near four o'clock, and 
 an adjournment was called for and took place. 
 
 25th September. A good deal unwell, but attended the Hall. The 
 Secretary had omitted the first question on the striking out of the 
 Susquehanna, and the reconsideration. He, however, corrected it 
 himself, afterwards, with the leave of the House. 
 
 Carroll now moved to strike out the residence being in New 
 York until the Federal buildings should be erected. I determined 
 to leave myself free from any obligation to stay in New York, and 1 
 voted with him, more especially as I was free from all obligation 
 whatever. 
 
 Mr. Morris now began to dress the bill, but seemed slack about 
 the one hundred thousand dollars. He was called on from the 
 chair, however, and sundry parts of the House to bring it forward. 
 I was very unwell, and left him to dress his own child as he pleased, 
 and came home. 
 
 This evening Mr. Scott called to see me. He said Mr. Morris, 
 Mr. Clymer, and Mr. Fitzsimmons, assured him that the Yorkers 
 and New England men would pass the bill, and that they, the Penn- 
 sylvanians, Mr. C. and F., had promised that Congress should stay 
 three years in New York. Mr. Wynkoop then said that they had 
 made such a bargain. I told them that was the first account I had 
 heard of the matter. I expressed my doubts of their sincerity. 
 Wynkoop was sure of them, and that he could depend on them, &c. 
 
 26th. Yery unwell this day, but dressed, and went to the Hall. 
 Sat some time. The appropriation bill was taken up. And now 
 Col. Schuyler brought forward an account of $8,000, expended by 
 Mr. Osgood, in repairing and furnishing at the house which the 
 President lives in. 
 
 When I first went into the Senate Chamber this morning, the 
 Yice President, Ellsworth, and Ames stood together, railing against 
 the vote of adherence in the House of Representatives on throwing 
 out the words the President, in the beginning of the Federal writs. 
 I really thought them wrong, but as they seemed very opinionated, 
 I did not contradict them. This is only a part of their old system 
 of giving the President, as far as possible, every appendage of roy- 
 alty. The original reason of the English writs running in the king's 
 name, was his being personally in court, and English jurisprudence 
 still supposes him to be so. But with us, it seems rather confound- 
 ing the executive and judicial branches. Ames left them, and they 
 
152 SKETCHES AND DEBATES. 
 
 seemed rather to advance afterwards. Said the President, perso- 
 nally, was not subject to any process whatever ; could have no ac- 
 tion, whatever, brought against him ; was above the power of all 
 judges, justices, &c. For, what, said they, would you put it in 
 the power of a common justice to exercise any authority over him, 
 and stop the whole machine of government. 
 
 I said, that although President, he was not above the laws. 
 
 Both of them declared you could only impeach him, and no other 
 process whatever lay against him. 
 
 I put the case : Suppose the President committed murder in the 
 street. Impeach him ? But you can only remove him from office 
 on impeachment. Why, when he is no longer President you can 
 indict him. But, in the meanwhile he runs away. 
 
 But I will put another case. Suppose he continues his murders 
 daily, and neither House is sitting to impeach him ? 
 
 Oh ! the people would rise and restrain him. Yery well ; you 
 will allow the mob to do what the loyal justice must abstain from, 
 
 Mr. Adams said I was arguing from cases nearly impossible. 
 There had been some hundreds of crowned heads within these two 
 centuries in Europe, and there was no instance of any of them 
 having committed murder. 
 
 Yery true, in the retail way, Charles the IX, of France, excepted. 
 They generally do these things on the great scale. I am, however,, 
 certainly within the bounds of possibility, though it may be very 
 improbable. 
 
 General Schuyler joined us. What think you, General, said I r 
 by way of giving the matter a different turn, I am not a good civ- 
 ilian, but I think the President a kind of sacred person. 
 
 Bravo, my jure divino man. 
 
 Not a word of the above is worth minuting, but it shows clearly 
 how amazingly fond of the old leaven many people are. I needed 
 no index, however, of this kind, with respect to John Adams. 
 
 September 28. Went to the Hall. Sat a little while, but had to 
 get up and walk in the machinery-room. Yiewed the pendulum 
 mill, a model of which stands here. It really seems adapted to do 
 business. Returned and sat awhile with the Senate, but retired and 
 came home to my lodgings. Sincerely hope an adjournment will 
 take place to-morrow. The pay list is making out, which seems 
 likely to finish the business. 
 
 Mr. Wynkoop came in the highest joy. All was well. German- 
 town, happy Germantown, has got the Congress. He ravished up 
 his dinner, got his trunk and boots, and away with him to tell the 
 glorious news. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 153 
 
 I have just been thinking how impossible it is for the Yorkers to 
 be so blind as to let Congress go away in the manner Wynkoop 
 savs they have done. If the lower House have really passed the 
 bill, the Yorkers have no resource but in the President. I am 
 greatly surprised at this day's work. 
 
 I have opened the book, and taken up my pen to wipe away the 
 surprise above mentioned. Parson Linn has just told me that some 
 trifling amendment was tacked to the bill, just sufficient to send it 
 up to the Senate, and the Senate have thrown it out; and with the 
 consent of the Philadelphians,'too, I suppose. 
 
 Just as I was leaving the Hall, Izard took me aside. Asked me 
 to stay. Said a trifling amendment will be made in the lower House, 
 just enough to bring it up here, and we will throw it out. I told 
 him I wished nothing so much as to see an end of the business. I 
 was not able to attend, but if I was, could not be with him on this 
 question. Well, then, you must not tell Morris of this. I was just 
 going away, and said I will not. 
 
 In relation to the amendment to the residence bill, it appears 
 from the debates in the House of Representatives, that when the 
 amendments proposed by the Senate to the residence bill were be- 
 fore the House, on Monday, the 28th of September, Mr. Madison 
 contended that the amendment proposed by the Senate, was a de- 
 parture from every principle adopted by the House, but he would 
 not trouble them with a recapitulation of arguments. He wished, 
 however, that the House would provide against one inconvenience, 
 which was, to prevent the district in Pennsylvania, chosen by Con- 
 gress, from being deprived for a time of the benefit of the laws. 
 This, he apprehended, would be the case, unless Congress made 
 provision for the operation of the laws of Pennsylvania, in the act 
 by which they accepted of the cession of that State, for the State 
 relinquished the right of legislation from the moment that Congress 
 accepted of the district. The propriety of this proposition, he ob- 
 served, was so apparent, that he had not a doubt but the House 
 would consent to it. He then moved the following proviso: "And 
 provided, that nothing herein contained shall be construed to affect 
 the operation or the laws of Pennsylvania, within the district ceded 
 and accepted, until Congress shall otherwise provide by law." 
 
 Mr. Liver more objected to this motion, because he supposed 
 there was no necessity for it. 
 
 The question was then taken: Does the House agree to the 
 amendment ? And was decided in the affirmative. The yeas and 
 nays being demanded, and were as follows : 
 
 YKAS Messrs. Ames, Cadwalader, Clymer, Fitzsimmons, Floyd, 
 
154 SKETCHES OF DEBATES 
 
 Foster, Gerry, Gilman, Goodhue, Grout, Hartley, Hathorn, Heister, 
 Huntington, Lawrence, Leonard, Livermore, Muhlenberg, Part- 
 ridge, Yan Rensselaer, Schureman, Scott, Sherman, Sylvester, Sin- 
 nickson, Thatcher, Trumbull, Yining, Wadsworth, and Wynkoop 
 31. 
 
 NAYS Messrs. Baldwin, Bland, Boudinot, Brown, Burke, Car- 
 roll, Coles, Contee, Gale, Griffin, Jackson, Lee, Madison, Matthews, 
 Moore, Page, Parker, Seney, Smith, (of Maryland,) Smith, (of 
 South Carolina,) Stone, Sumter, Tucker, and White 24. 
 
 From the Senate Journal it appears that, on the 28th September, 
 a message from the House of Representatives brought up the bill 
 for establishing a permanent seat of Government ; and informed the 
 Senate that the House had concurred in the amendments thereto, 
 with the following amendment : "And provided that nothing 
 herein contained shall be construed to affect the operation of the 
 laws of Pennsylvania within the district ceded and accepted, until 
 Congress shall otherwise provide by law." 
 
 After some other business was attended to, a motion was made 
 that the further consideration of the above bill be postponed to the 
 next session of Congress ; and it passed in the affirmative. 
 
 29th. Came to the Hall. Saw Mr. Morris. I did not envy him 
 his feelings. I determined not to say a word to him, save the salu- 
 tation of good morning ; which passed mutually between us. To 
 praise his management was impossible. I could not sit in the Sen- 
 ate. Came out, and reclined, as well a I could, in the little commit- 
 tee-room. Ellsworth came out in a little time. I asked him if the 
 business was got through in Senate. He said yes. I then went to 
 the Treasury, drew my pay, discharged my lodgings, took a place 
 in the stage, and set off for Philadelphia. 
 
 The Senate was adjourned on the 26th September, until the first 
 Monday in January, IT 90, then to meet at the City Hall, in New 
 York. " 
 
SECOND SESSION OF THE FIRST SENATE. 
 
 January, It 90. Arrived at New York late on the 5th, and went 
 to lodge at the same house with the Speaker of the House of Rep- 
 resentatives, Frederick A. Muhlenberg, and Peter A. Muhlenberg, 
 his brother. 
 
 6th. ^Attended at the Hall, and my presence completed a quorum. 
 A letter from the President of the United States was received, de- 
 siring to be informed of the time a quorum would be formed, <fcc. 
 Was committed to Izard and Strong. Nothing else of any conse- 
 quence. Adjourned. 
 
 7th. Attended as usual. When the minutes were read, Mr. King 
 rose and made a motion to amend the journals of yesterday with 
 respect to the President's letter, by striking out a part, and insert- 
 ing a clause which he held in his hand. 
 
 Strong and Dalton moved to have the word honorable struck out 
 from before the names of the members. Lost. Motion for leave 
 to protest, by Butler, not seconded. 
 
 Strong and Izard reported that the President would attend in the 
 Senate chamber at eleven o'clock to-morrow. 
 
 A resolution of the Representatives for appointment of a chap- 
 lain was concurred in, and the bishop appointed on the part of the 
 Senate. 
 
 This day, at and after dinner, I thought uncommon pains were 
 taken to draw from me some information as to the part I would act 
 respecting the Federal residence. The whole world is a shell, and 
 we tread on hollow ground every step. I repeatedly said, I have 
 marked out no ground for myself. My object shall be the interest 
 of Pennsylvania, subordinate to the good of the Union. 
 
 Mr. Wynkoop called in the evening. He was directly on the 
 subject of the permanent residence. Susquehanna must never be 
 thought of. He repeated this sentiment more than once. To have 
 been silent would have implied consent to it. I said for my part 
 I should think of Susquehanna, and I considered Mr. Morris' con- 
 duct in destroying the bill for that place as the greatest political 
 misfortune that ever befel that State. 
 
 155 
 
156 SKETCHES OF DEBATES 
 
 January, 8. All this morning nothing but bustle about the Sen- 
 ate in hauling chairs and removing tables. The President (Wash- 
 ington) was dressed in a second mourning, and read his speech well. 
 The Senate, headed by their President, were on his right. The 
 House of Representatives, with their Speaker, were on his left. His 
 family, with the heads of departments, attended. The business was 
 soon over, and the Senate were left alone. The speech was com- 
 mitted rather too hastily, as Mr. Butler thought, who made some 
 remarks on it, and was called to order by the Chair. He resented 
 the call, and some altercation ensued. Adjourned until Monday. 
 
 January 11. The Senate received from General Knox the proceed- 
 ings of the commissioners on the embassy to the Southern Indians. 
 A considerable part of the day spent in reading them. 'Tis a 
 spoiled piece of business ; and by way of justification of their con- 
 duct in not having made peace, they seem disposed to precipitate 
 the United States into war, the not uncommon fruits of employing 
 military men. This, however, is but my idea of the business. Wish 
 I may have occasion to alter it. 
 
 Mr. Lear brought in a ratification from the State of North Caro- 
 lina, or rather a copy of it, from the President. 
 
 And now the committee reported an answer to the President's 
 speech. The most servile echo I ever heard. There was, however ? 
 no mending it. One part of it seemed like pledging the Senate to 
 pay the whole amount of the public debt. This was, however, 
 altered. Many of the clauses were passed, without either aye or no, 
 in silent disapprobation. I told both King and Patterson that I 
 had never heard so good an echo, for it repeated all the words en- 
 tire. They both denied that they had anything to do with it, and 
 said it was Izard's work. 
 
 January 12. In now came General Knox, with a bundle of com- 
 munications. I thought the act a mad one when a Secretary of 
 War was appointed in time of peace. I cannot blame him. He 
 wants to labor in his vocation. Here is a fine scheme on paper : 
 To raise five thousand and forty officers, non-commissioned officers, 
 and privates, at the charge of $1,152,000, for a year, to go to war 
 with the Creeks, because the commissioners, being ignorant of In- 
 dian affairs, failed of making a treaty after having spent $15,000 to 
 no manner of purpose. But we will see what will come of it. 
 
 January 12. I made an unsuccessful motion when it was pro- 
 posed that the whole Senate should wait on the President, with the 
 
 NOTE. The Speaker told me this day what I have been no stranger to, that 
 a certain set in Philadelphia were determined to have me out of the Senate. 
 
Ix THE "FiusT SENATE OK THE UNITED STATES. i:>7 
 
 answer to the speech. First, I wished for delay, that we might see 
 the conduct adopted by the House of Representatives. I thought 
 it likely they would do the business by a committee. In that case, 
 I wished to imitate them ; and as a committee with us had done all 
 the business so far, I wished it to continue in their hands, that they 
 might have exclusively all the honors attendant on the perform- 
 ance. That I, as a republican, was, however, opposed to the whole 
 business of echoing speeches. It was a stale ministerial trick in 
 Britain, to get the Houses of Parliament to chime in with the 
 speech, and then consider them as pledged to support any measure 
 which could be grafted on the speech. It was the Socratic mode 
 of argument introduced into politics, to entrap men into measures 
 they were not aware of. I wished to treat the speech in quite a 
 different manner. I would commit it, for the purpose of examining 
 whether the subjects recommended in it were proper for the Senate 
 to act upon. If they were found to be so, I would have committees 
 appointed, to bring forward the necessary bills. But we seem to 
 neglect the useful, and content ourselves with compliments only, 
 and dangerous ones, too. But for my part, I would not consider 
 myself as committed by anything contained in the answer. 
 
 January 13. This was a day of small importance in therSenate. Mr. 
 Hawkins, a Senator from North Carolina, took his seat. Adjourned. 
 
 January 14. This was the day devoted to ceremony, by both 
 Houses of Congress. At eleven o'clock the Senate attended at the 
 President's to deliver their answer. At twelve the House of Rep- 
 resentatives attended. It is not worth while minuting a word about 
 it. We went in coaches. Got our answer, which was short. Re- 
 turned in coaches. Sauntered an hour in the Senate Chamber, and 
 adjourned. Every error in government will work its own reined}^, 
 among a free people. I think both Senators and Representatives 
 are tired of making themselves the gazing stock of the crowd, and 
 the subject of remark by the sycophantic circle that surround the 
 President in stringing to his quarters ; and I trust the next session 
 will cither do without this business altogether, or do it by a small 
 committee, that need not interrupt the business of either House. 
 I have aimed at this point all along. 
 
 It is evident, from the President's speech, that he wishes ever}-, 
 thing to fall into the British mode of business. I have directed the 
 proper officers to lay before you, &c. Compliments for him, and 
 business for them. He is but a man, but really a good one ; and 
 we can have nothing to fear from him ; but much from the prece- 
 dent he may establish. 
 
 Bined this day with the President. It was a great dinner all 
 
158 SKETCHES OF DEBATES 
 
 in the taste of high life. I considered it as part of my duty as a 
 Senator to submit to it, and am glad it is over. The President is a 
 cold formal man, but I must declare he treated me with great atten- 
 tion. I was the first person with whom he drank a glass of wine. 
 I was often spoken to by him. Yet he knows well how rigid a re- 
 publican I am. I cannot think that he considers it worth while to 
 soften me. It is not worth his while. I am not an object, if he 
 should gain me, and I trust he cannot do it by any improper means. 
 
 January 14. This day the budget, as it was called, was opened 
 in the House of Representatives. An extraordinary rise of certifi- 
 cates has been remarked for some time past. This could not be ac- 
 counted for neither in Philadelphia nor elsewhere. But the report 
 from the Treasury explained all. He recommends indiscriminate 
 funding, and, in the style of a British minister, has sent down his 
 bill. 'Tis said a committee of speculators in certificates would not 
 have formed it more for their advantage. It has occasioned many 
 serious faces. I feel so struck of an heap, I can make no remark on 
 the matter. 
 
 January 15. Attended at the Hall. A committee was appointed 
 to bring in a bill for extending the judiciary of the United States 
 to North Carolina. Senate adjourned. 
 
 It appears that a system of speculation for the engrossing certifi- 
 cates has been carrying on for some time. 
 
 January 17. I have attended, in the minutest manner, to the 
 motions of Hamilton and the Yorkers. Sincerity is not with them. 
 They never will consent to part with Congress. Advances to them 
 are vain. One session or two more here will fix us irremovably. 
 We can move from here only by means of the Yirginians. The fact 
 is indubitable. 
 
 January 18. Senate met, and adjourned. 
 
 Hawkins, of North Carolina, said as he came up he passed two 
 expresses with very large sums of money on their way for North 
 Carolina, for the purpose of speculation in certificates. Wadsworth 
 has sent off two small vessels for the Southern States, on the errand 
 of buying up certificates. I really fear the members of Congress 
 are deeper in this business than any others. 
 
 As to whether Former Bills be taken up de novo. 
 
 January 19, 1790. Senate met at the usual hour. I had observed 
 Ellsworth busy for some time with Izard. There had been some 
 intercourse between him and Izard. He rose with a motion in his 
 hand, which he read in his place. The amount of it was that a 
 committee should be appointed to bring in a bill defining crimes and 
 punishments under the Federal judiciary. He did not affect to 
 
IN TUP: FIRST SENATE OF THE UNITED STATES. 159 
 
 conceal that a bill of this nature had been left pending before the 
 Representatives at the end of the last session, but declared he wished 
 to settle an important point in practice whether all business should, 
 not originate de novo with every new session. He then labored 
 long to show that this was a new session, and concluded, as the ses- 
 sion was new, everything else should be new. Mr. Izard seconded 
 him in a speech which I thought contained nothing new. 
 
 Bassett got up, and declared that he had but just taken his seat ; 
 that everything was new to him ; that he could not determine in 
 such haste, and moved a postponement. 
 
 I rose, seconded Bassett, and gave as additional reasons : that 
 the matter had been acknowledged to be of great importance ; that 
 I, therefore, trusted it would not be gone into with so thin a repre- 
 sentation of the Southern States ; that the most respectable State 
 was not represented at all ; that I thought it improper to attempt 
 deciding on a matter which would go to regulate the future proceed- 
 ings of Congress, in both Houses, as it would be fixing a precedent, 
 without some communication with the House of Representatives ; 
 that they had appointed a committee to bring forward the unfinished 
 business, which had a very different appearance from beginning de 
 novo. Gentlemen had argued much to show this was a new session. 
 But granting this, I could not see that the inference they wished to 
 draw from it would follow. They need not fear a deficiency of 
 business. There would be enough to do without rejecting the pro- 
 gress we had made in the former session, &c., &c., for I was up a 
 good while. 
 
 King got up. He labored to support Ellsworth, and to show 
 from parliamentary proceedings that new sessions originated new 
 business after every prorogation of Parliament. He was long. 
 
 I rose, however, and took him on his own ground with regard to 
 the prorogation of Parliaments. Showed that it was a prerogative 
 of the Crown to prorogue the Parliament. That the British Crown 
 generally exercised this power when the Parliament went on what 
 was considered as forbidden ground. That the Parliaments were 
 forced into this mode of procedure, for, when any Parliament had 
 been prorogued for handling disagreeable subjects, to attempt to 
 take them up in the same stage would inevitably be followed by the 
 same fate. They were, therefore, obliged to begin de novo, at least, 
 with every subject the least disagreeable to the Court ; and, indeed, 
 it was the best policy to begin all de wovo, thus affecting to conceal 
 their knowledge of the offensive subjects. But these were reasons 
 of conduct which had no existence here. The President had no 
 proroguing power. He could not check our deliberations. I had 
 
160 SKETCHES OF DEBATES 
 
 no objection to adopt rules similar to those of the Parliament of 
 Great Britain when they would apply. Not because they were in use 
 there, but on the principle of their utility. But when a direct in- 
 convenience attended them, as in the present case, where the delib- 
 erations of the former session on the subject before us would be 
 lost, they ought to be rejected. 
 
 Ellsworth found it would go against him. He then moved the 
 postponement should be until to-morrow. It was lost. 
 
 Moved it should be to Monday. It was lost. General postpone- 
 ment took place. 
 
 Wyngate now rose, and made a singular motion. It was that the 
 bills formerly before the Senate for regulating the process in the 
 Federal courts should be taken up. 
 
 A pause ensued, as this was certainly unfinished business of the 
 former session, the bill in question having been postponed on the 
 bringing forward a temporary law. 
 
 Langdon said he would have seconded the gentleman, but he con- 
 sidered this bill as involved in the matter which had just been post- 
 poned. 
 
 Ellsworth, who sometimes contradicts Langdon for the sake of 
 contradiction, said it was not involved in it, and seconded Wyngate 
 for bringing it on, and on it was brought. The Secretary served 
 the members of Senate with copies of it. Wyngate put it into the 
 hands of the President, and he read it all over, and was returning to 
 the first paragraph, when Ellsworth, finding where he was, got up. 
 Said his intention was to second the gentleman to have a committee 
 appointed to bring in a bill for regulating processes, &c. 
 
 Adams attended to him, and without any question how to get rid 
 of the bill, Adams put a question for a committee, and a committee 
 was accordingly appointed. 
 
 And now we will see what for a figure Otis will make of the min- 
 utes in the morning. I do not want to be captious, but I must not 
 let them draw this into precedent. 
 
 January 20. I came early to the Senate Chamber, but found our 
 President and Ellsworth there before me. Izard, Few, and Schuy- 
 ler were all in conference with Ellsworth. The minutes were no 
 sooner finished, than Ellsworth rose and called for the motion of 
 yesterday, and made a speech in support of his motion. It could 
 not be said to be very long, though he said a great deal. To do 
 business, to prevent idleness, to satisfy our constituents, to prevent 
 loss of time, &c., &c., was the subjects of it. 
 
 I began, with declaring that the gentleman's ardor to do business 
 was highly laudable, but there was such a thing as making more 
 
IN TIN-; FIKST SKNATK OF TIIK I'M ri;i> STATK-. jr>l 
 
 haste th:in good speed. That if economy, and to prevent loss of 
 tune were his object, I thought he missed the mark, by attempting 
 to take up everything de novo; for thus all the time spent on the 
 unfinished business in the former session would be lost; that I 
 thought the present motion scarce in order. It had been moved, 
 yesterday, that the motion should be taken up this day, and neg- 
 atived; Monday, next, had also been negatived. But there was a 
 reason of much more consequence, which, though it had occurred 
 to me yesterday, I had forborne to mention ; but had since inquired 
 of sundry members of the House of Representatives, and was as- 
 sured that the very bill in question was reported by the committee 
 for unfinished business, and the report remained on the Speaker's 
 table unacted upon. That for us to decide on a business actually 
 before the Representatives, I considered as highly improper, and 
 would not fail of giving offense. 
 
 After I had done speaking I left the Senate Chamber, came down 
 stairs, called out General Muhlenburg, gave notice, by him, to the 
 Speaker, how much I wanted the report of the committee. 
 
 Mr. Buckley was good enough to send up, by the door-keeper, 
 the original report. I got it found the bill reported as I had 
 mentioned. Returned, and read in my place the part I had alluded 
 to. 
 
 The affair took now a new turn, and a motion was made to ap- 
 point a committee to confer on the subject, with a committee of 
 the other House. 
 
 I rose, and enforced this with all the energy I was master of. It 
 wns carried, and the committee were Langdon, Henry, and myself. 
 The Yorkers lost countenance when they saw the committee, but 
 now they brought forward a curious motion. It was to take the 
 sense of the Senate, in order that it might stand, as a rule of con- 
 duct, for the committee. 
 
 I rose against this with all my might. I have not time to set 
 down my arguments ; they are obvious. Several followed me. I 
 had. however, concluded with a motion for postponement, which 
 was seconded. They saw how it would go, and withdrew their 
 motion. 
 
 The members of the committee on the part of the Representa- 
 tives, are Sherman, Thatcher, Hartley, Jackson, and White to 
 meet to-morrow, at ten o'clock. 
 
 January 22. I met the committee a few minutes after ten. KIls- 
 worth began a long discourse, and concluded for all business which 
 had passed between the Houses to begin de novo. He, Jackson, 
 and White, had much parliamentary stuff; l>ut Hartley had s.. nu- 
 ll 
 
162 SKETCHES OF DEBATES 
 
 books, and the precedents were undoubtedly against them. Ells- 
 worth made room for Henry to speak, by desiring him to do so, 
 from which it was plain enough that they had communicated. He 
 seemed willing I should not speak. I, however, made way for my- 
 self, and reprobated every idea of precedent drawn from England, 
 though I declared if notice were to be taken of them, I thought 
 they were made for us. I read from the Journals the postpone- 
 ment of the bill, which I told them plainly had given rise to the 
 present contest. On motion ? that the further consideration of the 
 bill be postponed to the next session of Congress, it passed in the 
 affirmative. 
 
 By the minutes on the journals, the bill must be taken up in the 
 present session. Any proceeding of a contrary nature must depend 
 on an ex post facto principle. We may enter into rules for the fu- 
 ture government of our conduct, but the past is out of our power, 
 constitutionally speaking. The general practice of all the Legisla- 
 tures is in favor of taking up the unfinished business in the state 
 they were left. So far is this from being considered as improper, 
 that the constitutions of some of the States enjoin it as a principle, 
 that no bill, unless in case of necessity, shall be enacted into a law 
 in the same session in which it originated. It is the common prac- 
 tice, in all the arrangements of life. It stands highly recommended 
 by economy, which is certainly a republican virtue. I considered 
 it undeniably certain, that a particular fact had given rise to this 
 whole business. Here then, to control a single incident, we are at- 
 tempting to establish a general rule. This is inverting the order 
 of business with a witness ; and to get rid of a particular bill must 
 involve ourselves in perpetual inconvenience. 
 
 Mr. White alleged the opinion was not new. I appealed to the 
 minutes of both Houses, where bills had been postponed to this 
 session. In the Senate, the bill for the permanent residence ; in 
 Chamber of Representatives, the bill on crimes and punishments. 
 It was in vain to argue. The vote went against us ; and a report 
 agreed to, that the bills which had been in passage between the two 
 Houses should be regarded as if nothing had passed in either, re- 
 specting them ; or words to that amount. 
 
 After the report was made in the Senate, our President wanted 
 us to proceed immediately on it. I moved some delay, and it was 
 postponed to Monday. 
 
 Saturday, 23. This was a most delightful day. 
 
 January 25. The Senate met, and the President informed the 
 House of the order of the day, to take up the report of the joint 
 committee. 
 
JL\ TILK Fli:ST Sl-;\ VI I'J OF THE UNITED STATES. 168 
 
 I rose and observed, that I saw many empty seats ; the Senate 
 was thin. I, therefore, wished for a little delay until the members 
 were collected. After the House filled, the business was entered 
 on. Mr. Morris showed a disinclination to rise. Mr. Bassett was 
 up, and, after he sat down, I hinted to Mr. Morris a point that I 
 thought might be proper in support of Bassett. Said he had better 
 use ; if he did not, I would. He said he thought I had better not. 
 
 I rose, however, and one word brought on another. All the argu- 
 ments of the committee were had over again, much enlarged and 
 amplified. I was four times up in all ; for the two last times I asked 
 leave. I really thought I had the advantage over both Ellsworth 
 and Henry ; but when is it that I do not think well of my own argu- 
 ments ? I found that I had made some impression on Izard. He 
 was up, and concluded with saying something that seemed like a 
 wish for farther time to deliberate. I rose, said I considered what 
 the honorable gentleman had said as amounting to a motion for 
 postponement, and I begged leave to second him. He said he wished 
 it postponed. 
 
 But now, Patterson rose on our side ; but he displeased Izard, 
 and the question on the postponement was put ; but we lost it after 
 I had been twice up. But it was all in vain. Cicero, with all the 
 powers of Apollo, could not have turned the vote in our favor. I 
 had a small scheme in protracting the time until the other House 
 would break up, that the example of our House might not add any 
 weight to their scale of deliberation ; and I hoped that in the mean- 
 time they might, perhaps, pass on the business. 
 
 M r. Morris stuck fast to his seat, nor did he rise or say a word 
 daring the whole time. Eight voted for us, and ten against us. 
 The yeas and nays were called. The vote was hurried down into 
 the chamber of the Representatives, and they adopted it almost 
 without a division. 
 
 January 26. A committee was moved for, to bring in a bill for 
 ascertaining crimes and punishments under the Federal Legislature. 
 The committee were appointed, withdrew for a few moments into 
 the Secretary's office returned with the old bill, which had been 
 before us last session, and reported it. This was really ridiculous ; 
 but the vote of yesterday seemed to call for it. 
 
 Butler moved that a letter from some foreigner should be sent to 
 the chamber of Representatives. The letter had been read formerly, 
 but in so low a voice that I could not tell a word of it. It was not 
 read now. Mr. Morris left his seat and went and looked at it ; came 
 back and said nothing about it. I was silent on Butler's motion. 
 But when I came home, the Speaker immediately attacked me for 
 
164 SKETCHES OF JJEBATES 
 
 the absurdity of our conduct in sending them a letter of much im- 
 portance, touching proposals of a treaty with the Republic of Genoa. 
 I really knew nothing of the letter, but it was my own fault ; and 
 it really ought to be a lesson to me and every Senator to attend 
 well to what is done at our chamber. 
 
 January 27. The bill of yesterday was read by paragraphs. It 
 was curious to see the whole Senate sitting silent and smiling at 
 each other, and not a word of remark made or making on the bill. 
 
 Ellsworth rose to inform Ihe Senate that it was the same bill which 
 had been gone through all the forms in the last session. 
 
 Strong moved an amendment, however, that the judges should 
 issue the warrants for execution of criminals. 
 
 I rose and showed, from the Constitution, that the President of 
 the United States had the power of granting pardon in all cases 
 except those of impeachment ; that by the judges taking on them 
 to issue the warrants, the opportunity of his granting pardon was 
 taken away. 
 
 Ellsworth, according to custom, supported his bill through thick 
 and thin. There was a great deal said, and I was up three or four 
 times. I moved a postponement of the clause, and it was carried. 
 
 Hawkins, the new member from North Carolina, rose and objected 
 to the clause respecting the benefit of clergy. He was not very 
 clear. 
 
 I, however, rose, really from motives of friendship, I will not say 
 compassion, for a stranger. I stated that as far as I could collect 
 the sentiments of the honorable gentleman, he was opposed to our 
 copying the law language of Great Britain. That for my part, I 
 wished to see a code of criminal law for the Continent, and I wished 
 to see a tone of originality running through the whole of it. I was 
 tired of the servility of imitating English forms. I could not say 
 whether the bill would not be materially injured by leaving out the 
 clause. I wished it should be left out, but I thought, at any rate, 
 it had better be postponed. It was postponed. 
 
 Received sundry letters this day from Philadelphia. I told Mr. 
 Morris that the chancery was rejected. [This probably refers to 
 action in the convention in Pennsylvania for the formation of a 
 new Constitution.] He said he was sorry for it. I said frankly, 
 that is not my case. He asked, is there anything further ? I told 
 him a sharp debate had taken place, whether persons holding Fed- 
 eral appointments could act under State commissions, which had 
 been determined in the negative. He replied, this is leveled at me 
 and Wilson. My friends have named me for Governor, and Wilson 
 for Chief Justice ; but I will save them the trouble by declaring oft*. 
 
T\ THE FIKST SENATE OF THI-: KMTED STATES. 165 
 
 January 28. Attended at the Senate Chamber. The bill for 
 crimes and punishments was taken up. Strong's amendment was 
 rejected, and I offered one, which was also rejected, and the bill 
 passed. .Bassett moved something like an amendment. He went 
 to Kllsworth, and it, between them, was really altered for the better. 
 
 The Carolina bill was now taken up, and specially committed to 
 Hawkins, Ellsworth, and Butler. 
 
 Mr. Lear, from the President, communicated the act of Rhode Isl- 
 and appointing a convention. 
 
 There was a request also from some public characters of the State 
 requesting a suspension of the effects of the funding law respecting 
 that State. 
 
 Kllsworth moved that the same committee might bring in a clause 
 for the Rhode Islanders. 
 
 I voted against this, and gave as a reason : That as it respected the 
 revenue, although not raising it, yet it should be left to the other 
 House. 
 
 Mr. Morris this day, as he sat beside me in our places in the Sen- 
 ate, whispered to me that he would not be as regular in his attend- 
 ance as he used to be. That he was engaged in settling his public 
 accounts, which would engage him for a great part of his time. 
 
 I remarked that cannot be helped. The business is a necessary 
 one. Indeed, I think it highly so to him, if he regards his reputa- 
 tion ; and, in my opinion, he has left it too long at stake already. 
 
 Friday, January 29. Samuel Jackson, one of the Senators from 
 North Carolina, attended; was sworn; and he and his colleague 
 were classed. 
 
 A letter was received from the Treasurer of the United States, with 
 his accounts. They were read by the Secretary, and attended to 
 with great listlessness by the Senate. The amount was $350,207 24, 
 and may, generally speaking, be called civil list disbursements, and 
 said to be expended in New York. 
 
 1790, February 1. This was an unimportant day in the Senate. 
 The North Carolina members produced an act of session, which was 
 committed. But Mr. Ellicott sent in for me, and I chatted with him 
 in the committee-room until the Senate was about to adjourn, which 
 was early. 
 
 Mr. Hamilton is very uneasy, as far as I can learn, about his fund- 
 ing system. He was here early to wait on the Speaker, and, I be- 
 lieve, spent most of his time in running from place to place among 
 the ineinl>er>. 
 
 Mi. Hllicott's accounts of the Falls of Niagara are amazing, in- 
 deed. I communicated to him my scheme of an attempt to account 
 
166 SK.KTnrKs Ais r D DEBATES 
 
 for the age of the world, or, at least, to fix the period when the 
 waters began to cut the ledge of rock over which it falls. The dis- 
 tance from the present pitch to where the fall originally was is now 
 seven miles. For this space a tremendous channel is cut in a solid 
 limestone rock, in all parts one hundred and fifty feet deep, "but near 
 two hundred and fifty at the mouth or part where the attrition 
 began. People who have known the place since Sir William John- 
 son took possession of it, about thirty years ago, give out that there 
 is an attrition of twenty feet in that time. Now, if twenty feet = 
 thirty years = seven miles, or thirty-six thousand nine hundred and 
 sixty feet, -~ answer fifty-five thousand four hundred and forty years. 
 
 February 3. The Speaker and Gen. Muhlenburg made a point of 
 my going with them to dine with Mr. Fitzsimmons and Clymer. I 
 would not go until they declared that they had authority to invite 
 me. I went. 
 
 The company were Pennsylvaiiians. No discourse happened un- 
 til after the bottle had circulated pretty freely. Mr. Scott joined 
 us. He declared it was in vain to think of any place but the Potow- 
 mack. Mr. Wynkoop declared the utmost readiness to go to the 
 Potowmack. Mr. Fitzsimmons seemed to bark in for some time. 
 Clymer declared, over and over, he was ready to go to the Potow- 
 mack. 
 
 After some time, I spoke most decidedly and plainly. I will not 
 go to the Potowmack. If we once vote for the Potowmack the die 
 is cast, Pennsylvania has lost it, and we never can return. I will 
 bear with the inconveniences of New York much longer rather than 
 do it. At one time, when they were regretting the influence of New 
 York in keeping us here, I said, gentlemen, we once had it in our 
 power to fix ourselves elsewhere. As the Scotchman said, in his 
 prayers, we were left to the freedom of our own will, and a pretty 
 hand we have made of it. 
 
 February 4. This an unimportant day in the Senate. The bill 
 for extending the impost to North Carolina was brought in to be 
 signed. The President got up, and had a good deal to say that a 
 question was put in the House of Representatives ; and if gentle- 
 men wished any other method they should say so. 
 
 Ellsworth was immediately up. Said all was perfectly right. The 
 House had passed the bill, they had nothing more to do with it. 
 
 Strong got up. Had some sleeveless things to say about the 
 practice of Parliament, but concluded all was right. 
 
 I got up and declared, since gentlemen were speaking their minds, 
 I would declare that I thought the business wrong. That after both 
 Houses had elaborately argued and passed a bill, it was referred to 
 
Ix TIN-: FIRST SKNATK OF THK I'MTKD STATKS. 167 
 
 a committee of one from the Senate and two from the House of 
 Representatives. That it was then in their power to alter the lull. 
 If they were bad men, there was no check on them. If even a mem- 
 ber knew of a bill to be vitiated, he could not correct it. An if or 
 an and might most materially affect a bill. The change of the tense 
 of a verb might alter a whole sentence. I was clearl}' of opinion 
 every bill ought to be compared at the table ; and as the President, 
 when he signed a bill, did it for and in the name of the Senate, the 
 question should be put : Shall it be signed or no ? 
 
 It was, however, of no avail, nor, indeed, did I conclude with any 
 motion ; but meant my observations to open the way for taking up 
 the business some other time. 
 
 Hints were thrown out about uniting the delegation, and much 
 could be done by their effort. I wonder if they are silly enough to 
 think that their arts cannot be seen through. The government of 
 Pennsylvania is the object. 
 
 The Speaker mentioned Charles Thompson as having been spoken 
 of. Clymer said, in such a tone of voice as he did not expect me 
 to hear, " He will make a good Senator." Perhaps, if I were to 
 consult my own feelings and general interest, I would wish Charles 
 Thompson, or any other person in my room. 
 
 Mr. Morris threw a paper on the table before the Speaker. The 
 Speaker took it up. Clymer muttered something. Fitzsimmons 
 looked confused, and went away. I will know what this paper was. 
 Mr. Morris said I am quite off with the Yorkers. I will have noth- 
 ing more to do with them. I cannot penetrate the scheme of the 
 Philadelphia junto as to the person they contemplate for Governor. 
 A man who will be their tool is the design ; but they have not yet 
 fixed on the particular object. 
 
 5. This morning at breakfast the Speaker told me what the 
 paper was. The Yorkers had stipulated, under their hands, to go 
 to the Susquehanna, and the Pennsylvania delegation, myself ex- 
 cepted, (who, by the by, was the moving spring of the business,) 
 had agreed, under their hands, to stay two years in New York. This 
 engagement of the Pennsy Iranians had been in the hands of the 
 Yorkers until now ; that Mr, Morris had possessed himself of it- 
 had crossed the names, and now showed it at the same time that he 
 made the declaration against having anything to do with the York 
 ers. Well might I say a a pretty hand we made of it." 
 
 Under date of February 6, Mr. Maclay observes that the charges 
 against Mr. Morris are not as financier, but as chairman of the 
 secret committee of Congress, and for money received as a mer- 
 chant in the beginning of the business. 
 
168 SKETCHES OF DEBATES 
 
 February 8. Attended Senate. The first business that presented 
 itself, was a letter from R. Morris to the President, inclosing a long 
 memorial praying commissioners to be appointed to inquire into 
 his conduct while financier, and mentioning his unsettled accounts 
 as a partner in the house of Willing & Morris, which were in train 
 of settlement. He requested the memorial might stand on our 
 minutes. Some little objection was made. No particular vote was 
 taken, and it went on, of course. 
 
 February 9. Mr. Morris' memorial was committed this day to 
 Izard, Henry, and Ellsworth. * 
 
 10. Attended the Senate. The committee reported yesterday, 
 while I was out, on Mr. Morris' memorial, that the prayer of it 
 should be granted. 
 
 There was no order of the day. I wished to hear the debates of 
 the House of Representatives, and went down and found Madison 
 up. He had got through the introductory part of his speech, 
 which was said to be elegant. The ground I found him on, was 
 the equity power of Government in regulating of property, which 
 he admitted in the fullest manner, with this exception, when the 
 State was no party. The United States owe justly and fairly the 
 whole amount of the federal debt. The question then is, to whom 
 do they owe it ? In this question they are not interested, as the 
 amount is the same, let who will receive it. The case of the orig- 
 inal holder admits of no doubt. But what of the speculator, who 
 paid only a trifle for the evidences of the debt. The end, however, 
 of his speech produced a revolution, to the following effect : That 
 the whole should be funded ; but that in the hands of speculators 
 at the highest market price only, and the surplus to the original 
 holder, who performed the service. 
 
 The debate lasted to the hour of adjournment, and they rose 
 without deciding. 
 
 Dined this day with General Knox. The company large and splen- 
 did, consisting of the diplomatic corps, members of Congress, &c. 
 
 February 12. Attended the Hall. The order of the day was, to 
 take up the enumeration bill. I objected to the whole of a lengthy 
 schedule, and moved a commitment. I was seconded, but some 
 gentlemen wishing to proceed on the bill till they came to the clause, 
 I withdrew my motion. 
 
 Ellsworth came forward with a motion to strike out the clause 
 about the marshal, and insert one to do it by a commissioner. I 
 opposed him was joined by Patterson. 
 
 I got a hard hit at Ellsworth. He felt it, and did not reply. 
 The bill was immediately after committed, and the Senate adjourned. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 169 
 
 Kl Is worth came laughing to me, said he could have distinguished 
 with respect to the point I brought forward. I said: Ellsworth, a 
 111:111 must knit his net close that can catch you ; but you trip some- 
 tiiiH-s ; so we had a laugh, and parted. Went immediately into the 
 Representative Chamber, but the whole day was spent on the 
 (Quaker memorial for the abolition of slavery. 
 
 February 13. I called on Mr. Scott, and endeavored to give him 
 every argument in my power against Hamilton's report. I shall 
 not minute them here. I wish, however, to arm him and every 
 friend to discrimination, with every possible argument ; as I fear, 
 if the business is lost with them, there will be small chance with us. 
 
 February 15. Attended in Senate. Our President produced the 
 petitions and memorials of the Abolition Society. He did it rather 
 with a sneer, saying he had been honored with a visit from a soci- 
 ety, a self constituted one, he supposed. He proceeded to read the 
 petitions and memorials. Izard and Butler had prepared them- 
 selves with long speeches on the occasion. Izard, in particular, 
 railed at the society called them fanatics, &c. Butler made a per- 
 sonal attack on Dr. Franklin, and charged the whole proceding to 
 anti-Federal motives ; that the doctor, when member of convention, 
 had consented to the Federal compact. Here was he acting in di- 
 rect violation of it. The whole business was designed to overturn 
 the constitution. 
 
 I was twice up. The first time, I spoke generally as to the be- 
 nevolent intentions of the society, &c., &c. Upon Butler's attack, 
 I requested Mr Morris to rise and defend him. King was up speak- 
 ing in favor of the Carolina gentlemen. I remarked, King is court- 
 ing them. Yes, said he, and I will be silent, from the same motive 
 that makes him speak. He then bade me rise. I did so. Showed 
 that the doctor was the head of a society which was not of yester- 
 day. That he could not strictly have the acts of the society charged 
 to his personal account. That the society had persevered in the 
 same line of conduct long before the constitution was formed ; that 
 there was nothing strictly novel in their conduct, &c., &c. 
 
 Nothing was done or moved to be done, as the matter is in com- 
 mitment with the Representatives, where the measure has many 
 friends. 
 
 Adjourned, and went to hear the debates in the lower House. 
 Se<lo\\ ick, Lawrence, Smith, and Ames took the whole day. They 
 seemed to aim all at one point, to make Madison ridiculous. Ames 
 delivered a long string of studied sentences, but he did not use a 
 single argument that seemed to leave an impression. He had pub- 
 lic faith, public credit, honor, and, above all, justice, as often over 
 
170 SKETCHES OF DEBATES 
 
 as an Indian would the Great Spirit, and, if possible, with less 
 meaning, and to as little purpose. Hamilton, at the head of the 
 speculators, with all the courtiers, are on one side. These I call the 
 party who are actuated by interest. The opposition are governed 
 by principle. But I fear in this case interest will outweigh prin- 
 ciple. 
 
 The enumeration bill was before us. The point at which I aimed 
 at was to begin the enumeration in April, that so the census might 
 be taken before our election ; and the universal belief is that Penn- 
 sylvania would be a gainer. 
 
 Butler moved to have the tii&e extended one year from the 1st of 
 August next. 
 
 Here I threw in the most pointed opposition, and laid down the 
 principles of the amendment which I proposed. 
 
 Ellsworth said he would be for extending the time to nine months, 
 and Mr. Morris, to my astonishment, rose, and supported Ellsworth 
 for the nine months. So Butler's motion was carried. 
 
 The arguments I used were that every measure tending to give 
 the people confidence in our government should be adopted with- 
 out delay. The present representation was on a suppositions enu- 
 meration, and was believed to be erroneous. A second election, 
 therefore, ought not to proceed on such uncertain ground, &c. 
 
 February 17. The business done this morning was receiving the 
 report of the committee to whom was committed the sixth clause 
 of the enumeration bill. It had been recommitted at the instant and 
 urgent motion of Mr. Butler, and the committee, as if to insult him 
 reported the clause, without alteration. The bill was passed ; and 
 ordered for a third reading to-morrow. Adjourned, and went to 
 hear the debates in the Chamber of Representatives. 
 
 18. We had a message this day from the President of the United 
 States respecting the boundary between Nova Scotia and the State 
 of Massachusetts. A committee was appointed some time ago, to 
 whom the business was referred. 
 
 The report of the committee on the cession from North Carolina 
 was called up. Some time spent on it, and it was postponed to Mon- 
 day next. 
 
 The Senate now adjourned, and we went into the lower House to 
 hear the debates on Mr. Madison's motion. Madison had been up 
 most of the morning, and was said to have spoken most ably, in- 
 deed. He seemed rather jaded when I came in. He had early in 
 this business been called on to show a single instance where any- 
 thing like the present had been done. He produced an act of Par- 
 liament in point in the reign of Queen Anne. But now the gentle- 
 
l.\ TJ IK FIRST SK.NATK OF TIN-; IM'i KJ> STATKS. 171 
 
 man quitted this ground, and cried out for rigid right on law prin- 
 ciples. Madison modestly put them in mind that they had challenged 
 him on this ground, and he had met them agreeably to their wishes. 
 Adjourned, without the question. 
 
 February 1 9. Went to hear the debates in the rfouse of Repre- 
 sentatives, but they were dull and uninteresting, and yet the ques- 
 tion was not put. All parties seemed tired, yet unwilling to give out. 
 I am vexed with them. The real good and care of the country seems 
 not to enter into all their thoughts. The very system of the Secre- 
 tary's report seems to be to lay as much on the people as they e:m 
 bear. Madison's yields no relief as to the burden, but affords some 
 alleviation as to the design the tax will be laid for ; and is, perhaps, 
 on that account more dangerous, as it will be readier submitted to. 
 There is an obstinacy, a perverse peevishness, a selfishness, which 
 shuts him up from all free communication. He will see Congress 
 in no other light than as one party. He seems to prescribe to them 
 to follow laws already made, as if they were an executive bod}'. 
 Whereas, the fact is that the majority of the people, say three mil- 
 lions, (the payers,) and the holders of certificates, a few thousands, 
 (the receivers,) are the parties, and the business of Congress is to 
 legislate on the principles of justice between them. A funding sys- 
 tem will be the consequence that political gout of every govern- 
 ment which has adopted it with all our western lands for sale, and 
 purchasers every day attending at the Hall begging for contracts. 
 What villainy to cast the debt on posterity. But pay the debt, or 
 even put it in a train of payment, and you no longer furnish food for 
 speculation. The great object is by funding, &c., to raise the certi- 
 ficates to par; thus the speculators, who now have them nearly all 
 engrossed, will clear above three hundred per cent. 
 
 Saturday, 20th February. The Speaker mentioned at dinner how 
 accommodating Fitzsimmons had been that he had declared Mifflin 
 must not be Governor ; if he was, they would be worse off than if 
 no new Constitution had been made. They then naturally agreed 
 that Mr. Morris's memorial should be pushed in Congress as the 
 grand preparatory for his appointment to the Government. 
 
 I have observed a kind of spirit of uncertainty hover over the 
 Representative body a want of confidence either in the Secretary's 
 scheme, or in Madison's proposal. Like a flight of land fowl at sea, 
 they seem bewildered, and wish for a resting place, but distrust every 
 object that offers. I think now would be the time to fix them on 
 some moderate measure. I drew the following resolutions . 
 
 Resolved, That funds "be immediately provided sufficient, to pay 
 three per cent, on the domestic debt of the United States, which h:i* 
 
172 SKETCHES OF DEBATES 
 
 been liquidated before the 4th of March last, and that the same be 
 paid annually to the persons holding the evidences of such debts 
 upon their application for the same. 
 
 Resolved, That a land office be opened for the sale of the western 
 territory, in wnieh certificates of the domestic debt only shall be 
 receivable, to operate as a sinking fund for the extinguishment of 
 the said debt, and the arrears of interest due on the same. 
 
 I went with these resolutions to Mr. Scott's lodgings. (He was 
 not in, but Mr. Maclay afterwards saw him,) and he observed: U I 
 gave him my sentiments on the trim of his house, and read the reso- 
 lutions, explaining as a kind of interim or passo tempo, on some- 
 thing that would perhaps take, as nothing was committed or decided 
 finally on. The child, however, was not his own, but he declared 
 that if Madison would join, they could be carried. I wished him 
 to communicate with Madison. He was afraid of Madison's pride. 
 I agreed to do it, and to communicate the result to him. Called, 
 but Madison was out." 
 
 Monday, 22. Called on Madison. He made me wait long. He came 
 down stairs and returned with me to his room. I enlarged on the 
 business before the House as much as I thought my time would allow. 
 Told him plainly there was no chance of his succeeding. It hurt 
 his Littleness. I do not think he believed me. I read the resolu- 
 tions. I do not think he attended to one word of them, so much 
 did he seem absorbed in his own ideas. I put them into his hand. 
 He offered them back without reading them. I did not readily hold 
 out my hand to take them. He tendered them a second time. I 
 took them, and then, by degrees, wound up my discourse so as to 
 draw to the point of wishing him a good morning. His pride seems 
 of that kind which repels all communication. He appears as if he 
 could not bear the condescension of it. 
 
 Went to the Senate. A motion was made to adjourn. Izard 
 objected expected some resolutions would be sent in from the 
 House of Representatives, to wait on the President, with compli- 
 ments on his birth-day, &c, I took my hat and came down stairs. 
 Those who stayed were disappointed. Madison's matter was over 
 before I came down, and a poor show his party made. The obsti- 
 nacy of this man has ruined the opposition. The Secretary's report 
 will now pass through, perhaps unaltered. I could not help ob- 
 serving that now both Fitzsimmons and Clymer spoke, and they were 
 Secretary all over. Fitzsimmons gave me notice of a meeting of 
 the Pennsylvania delegation at his lodgings at six o'clock. I went. 
 The ostensible reason was to consult on the adoption of the State 
 debts; but the fact to tell us that they were pre-determined to do it. 
 
IN THK I' 1 1 1 IST SKXATK OF THK UXITKD STATKS. 173 
 
 riymcr, strange to tell, expatiated on the growing grandeur of 
 Pennsylvania if it was done. Our roads would be all made, and 
 our communications all opened by land and water, &c., &c. 
 
 Fitzsimmons was much more argumentative ; but they ware all 
 pre-determined, and only called on our complaisance to assent to 
 their better judgment. 
 
 I chose to mention publicly, that I thought we scarce did justice 
 to the -State we represented, that we did not meet oftenei , and con- 
 sult on her interest. This met with an echo of applause. Fitz- 
 simmons proposed his lodgings as a rendezvous weekly. Mr. Morris 
 spoke of wine and oysters, and it was ageed to meet every Monday 
 evening at Simons'. I took, however, care to bear my unequivocal 
 testimony against the adoption now proposed, and, in fact, made 
 the above proposition, to obviate any suspicion of obstinacy or un- 
 sociabilit}'. 
 
 22. The Senate sat more than an hour, doing nothing at all but 
 looking at each other. Ellsworth and Strong got together at a time 
 when we had all got in chatting parties about the fires or stoves. 
 We were suddenly called to order, and Ellsworth was up. It was a 
 most formal motion, indeed, which he made, and then read a reso- 
 lution,, stating that a mistake had been made yesterday in a com- 
 munication which had been sent to the House of Representatives, 
 and desiring them to return the paper. It was about the North 
 Carolina session, and I suspected all was not very right. But, in- 
 deed, as much through pastime as otherwise, I opposed him. He 
 grew serious and solemn, and I grew rather sportive, with a grave 
 face on, and we made a noble debate of it. It would be idle to blot 
 an inch of paper with it. The question was at length put, and 
 Ellsworth lost it. Greatly was hie mortified, indeed, and sat down 
 in a visible chagrin. 
 
 Doctor Johnson, who had not spoke before, got up and said angry 
 things. He did not move absolutely for a reconsideration, but 
 Ellsworth followed him, and urged a reconsideration. It was sec- 
 onded by Strong. I got up, and opposed the reconsideration as 
 out of order, and another most important debate ensued. The 
 Chair was called on, and he declared the question out of order, 
 marabile dictu. I turned to Mr. Morris. Had he decided so in 
 the case of the Susquehanna bill, said I, we should have had Con- 
 gress on the banks of that river. Mr. Morris said yes. 
 
 Mr. Morris got on the subject of the difficulties he labored under 
 in the settlement of his account. Told me that he had to scud 
 again to Philadelphia for a receipt book, in which were some trilling 
 accounts for money paid to expresses of 40/, and such small sums ; 
 
174 SKETCHES OF DEBATES 
 
 but concluded, I will have everything settled, and the most ample 
 receipt and certificate of the accounts being closed. 
 
 24. Attended this day in Senate. No business of any conse- 
 quence done. This was a day of compan} r at our house. Madison 
 was in the invitation, and came early and asked for me, but I could 
 not come down stairs. * * * I was sorry for this, but 
 as the saying is, there is no help for sickness. Drank tea, and felt 
 better after it, but kept my bed. 
 
 February 21. No Senate this day Went with the Speaker to 
 buy books. I bought Peter Pindar, whose sarcastic and satirical 
 vein will write monarchy into disrepute in Britain. His shafts are 
 aimed personally at his present Majest}^ but many of them hit the 
 throne, and will contribute to demolish the absurdity of royal gov- 
 ernment. Thus even Peter, who I guess to be a servile cre'ature 
 paying court to the heir apparent and the rising royal family, may 
 be a useful instrument in opening the eyes of mankind to the ab- 
 surdity of human worship, and the adulation, nay almost adora- 
 tion, paid to work of their own hands. Kings and governors origi- 
 nally were meant for the use and advantage of the governed, but 
 the folly of mankind has puffed them out of their places and made 
 them not only useless but burdensome. 
 
 1790, March 1. Returned to the Hall ; sat for some time; nothing 
 done. Received a note to dine with the President of the United 
 States. Went into the Chamber of the Representatives and heard 
 the debates till three o'clock, which I thought unimportant. Ames, 
 however, read in his place a string of resolutions touching the man- 
 ner in which the States were to bring forward their claims, which I 
 thought alarming. 
 
 March 2. Just nothing done this day in Senate save receiving 
 Bailey's bill for certain inventions from the Representatives. Some 
 spiteful remarks made on it. To-morrow assigned for a second 
 reading. 
 
 A resolve passed the Representatives this day that seems to show 
 that they begin to think. It is a call on the Secretary to ascertain 
 the resources that may be applied to the payment of the State 
 debts, if they should be adopted. 
 
 The Spreaker was at the levee to-day. When he came home, he 
 said the State debts must be adopted. This, I suppose, is the lan- 
 guage of the court. 
 
 March 3. This day Bailey's bill taken up for second reading. 
 Five members rose to oppose it. I was up three times, and I am 
 convinced we should have carried it. Mr. Morris rose, however, 
 and proposed that it should be committed to the very men who op- 
 
Ix THK FIRST SKXATF OF THI-: UXITFD STATKS. 175 
 
 pi>srd it. Langdon made a formal motion to this purpose, and was 
 seconded by Bassett. Such a committee was accordingly appointed. 
 It is a new way to commit a bill to its enemies. We will see what 
 will come of it. 
 
 March 4 My bodings of yesterday were not 
 
 ill founded, with respect to Bailey's bill. A man ought not to put 
 his hand in a dog's mouth, and trust to his generosity not to bite 
 it. Commit the bill to its declared enemies, and trust to their gen- 
 erosity to report in favor of it. My conjectures were right, and 
 they have reported dead against it. 
 
 Dined with the President of the United States. It was a dinner 
 of dignity. All the Senators present, and the Yice President. I 
 looked often around the company to find the happiest faces. Wis- 
 dom forgive me, if I wrong thee ; but I thought folly and happiness 
 were the most nearly allied. The President seemed to bear in his 
 countenance a settled aspect of melancholy. No cheering ray of 
 convivial sunshine broke through the cloudy gloom of settled seri- 
 ousness. At every interval of eating or drinking, he played on the 
 table with a fork or knife, like a drum-stick. 
 
 March 5. This the important week, and perhaps the important 
 day, when the question will be put on the assumption of the State 
 debts. I suspect this from the rendezvousing of the crew of the 
 Hamilton galley. It seems- all hands are pressed to quarters. 
 
 Four o'clock. I was rather deceived, as the adoption party do 
 not yet consider themselves strong enough to risk the putting of 
 the question, for it seems the day has passed and nothing is done. 
 
 The naturalization bill was taken up. The debates were exceed- 
 ingly lengthy, and a great number of amendments moved. Mr. 
 Morris stood by me in one, that was to enable aliens to hold lands 
 in the United States. 'Tis said, he has an agent in Europe now for 
 selling lands. I am wrong to minute this circumstance ; he is, how- 
 ever, very seldom with me. I know not how it came, but I was 
 engaged, on one side or the other, warmly on every question. The 
 truth of the matter is, it is a vile bill, illiberal and void of philan- 
 thropy, and needed mending much. We complained, to the Repre- 
 sentatives from Pennsylvania, that such an ungenerous bill should 
 be sent us. At least, I did. They answered, you have little to do r 
 and they sent us employment. 
 
 This night the Pennsylvanians supped together at Simmons'. 
 'Twas freely talked of that the question was to have been taken 
 this day on the assumption of the State debts, but Vining, from the 
 Delaware State, is come in, and it was put off until he would be 
 prepared, (by the Secretary, I suppose,) so that my morning creed 
 
176 SKETCHES OF DEBATES 
 
 was a well founded belief. The language of the Philadelphia gen- 
 tlemen is still for adoption. The great reason formerly urged for 
 it was, that Pennsylvania would draw a great revenue from the 
 Union. I brought forward the case of Amsterdam, to which the 
 United Provinces owed great balances which were not paid a cen- 
 tury after their revolution. 
 
 Mr. Fitzsimmons said they were not paid yet, nor never would 
 be ; but then, with one voice, all the three citizens said little if any- 
 thing would be due to Pennsylvania, and declared that settling old 
 accounts was misspent time. Burn all old accounts, said Mr. Mor- 
 ris, and pay only the people who now hold certificates, I wished 
 for harmony and declined argument, but said the citizens of Penn- 
 sylvania would not abandon the State securities. This was ad- 
 mitted, but Mr. Morris said the State might subscribe the amount 
 of them. This would be sinking two per cent, to the State, as they 
 would subscribe in at four per cent, and pay six to their own citi- 
 zens. But I forbore entering into argument. Colonel Hartley kept 
 still repeating, all depends on the adoption of the State debts. If 
 this is not done, New England and Carolina will fly off, and the 
 Secretary's scheme is ruined. We must adopt. 
 
 9th March. In the Senate Chamber, this morning, Butler said 
 he heard a man say he would give Yining one thousand guineas for 
 his vote, but added, I question whether he would do so in fact. I 
 do not know that pecuniary influence has actually been used, but I 
 am certain that every other kind of management has been practiced 
 and every tool at work that could be thought of. Officers of Gov- 
 ernment, clergy, Cincinnati, and every person under the influence 
 of the Treasury ; Bland and Huger carried to the Chamber of 
 Representatives the one lame, the other sick ; Clymer stopped from 
 going away, though he had leave ; and at length they risked the 
 question, and carried it, thirty-one votes to twenty-six ; and all this 
 after having tampered with the members since the twenty-second 
 of last month, and this only in committee, with many doubts that 
 some will fly off, and great fears that the North Carolina members 
 will be in before a bill can be matured or the report gone through. 
 Mr. Morris received a note signed S. C., communicating the news. 
 He only said, I am sorry it is by so small a majority. General 
 Muhlenburg and G. Hiester, of the Pennsylvania delegation, only, 
 were in the negative. 
 
 I had to wrangle with the New England men alone on the natur- 
 alization bill till near one o'clock. Johnson, of North Carolinia, 
 took, in some degree, part with me. I held my own, or at least I 
 thought so, with tolerable success; but I certainly, however, gained 
 
Ix TIIK FIIIST SK.VATK OF THE UXITKD STATES. 177 
 
 greatly. Twice yesterday did we attempt, without success, to throw 
 out the two years' residence. The amendments which I had offered 
 went to cure this defect, with respect to the power of holding lands. 
 X umbers of gentlemen now declared their dislike of the two years, 
 and wished the bill committed, for the purpose of having this part 
 rejected. I agreed, but we were very unlucky in our committee. 
 Wr Pennsylvanians act as if we believed that God made of one 
 blood all families of the earth ; but the eastern people seem to think 
 that He made none but New England folks. It is strange that men 
 born and educated under republican forms of government should 
 be so contracted on the subject of general philanthropy. In Penn- 
 sylvania, used as we are to the reception and adoption of strangers, 
 we receive no class of men with such diffidence as the eastern peo- 
 ple. Yet these are the men who affect the greatest fear of being 
 contaminated with foreign manners, customs, or vices. 
 
 10. Was the first at the Hall this morning. However, it was not 
 long before some of the Secretary's gladiators came in. What an 
 abject thing a man becomes when he makes himself a tool to any 
 one. I ventured to predict to one of them that the Secretary's sys- 
 tem would fail. Why, but the assumption of the State debts is car- 
 ried already. I A r entured to tell how. From me, distant as the 
 room would let him, did he fly off. Bassett has this day declared 
 in the most unequivocal manner against the adoption of the State 
 debts. Says, if they are adopted, he will move for two per cent. I 
 asked him how Mr. Reed would be on this question. He said against 
 assumption. We had company this day. The greater part were 
 New England men, who soon went away. Burke and Tucker both 
 voted for the assumption of the State debts. Tucker declared his 
 views in the most unequivocal manner ; after the States were dis- 
 charged by the Federal assumption, to spunge the whole. Burke 
 reprobated the whole of the Secretary's report, and declared it would 
 blow up. He was not so explicit, but seemed in unison with Tucker. 
 What must come of the report, if these men are sincere. 
 
 March 11. Attended at the Hall. Two bills came up from the 
 Representatives. The bill for inventions, and one to give additional 
 salaries to clerks. Read the first time. A bill for the mitigation 
 of lines and forfeitures was taken up for a second reading. Op- 
 posed by Bassett and Few. A commitment was early moved, and 
 seemed generally agreed to ; but the members popped up and down 
 talking about it for above an hour. 
 
 March 12. Attended this day at the Hall. No business of con- 
 sequence done. The committee on the naturalization bill reported, 
 but far short of the points which I wished established in it. There 
 12 
 
178 SKETCHES OF DEBATES 
 
 really seems a spirit of malevolence against Pennsylvania in this 
 business. We have been very liberal on the subject of admitting 
 strangers to citizenship , we have been benefited by it, and still do 
 benefit, Some characters seem disposed to deprive us of it- I 
 moved a postponement of a day, that we might consider of the 
 amendment. It was easily carried ; but Izard said no, alone. 
 
 Mr. Morris turned towards me this day and seemed to invite a 
 tete-a-tete. We spoke of who would be Governor. He declared in 
 favor of St. Clair spoke against Mifflin and Bingham. I said I 
 had heard Miles spoken of. He objected to Miles as wanting knowl- 
 edge. I never made any mention of any of the Muhlenbergs. He 
 objected to Mifflin said " See what sort of people he has put in 
 office." S. G. was mentioned. He said " you should have had that 
 office." I went into some detail of the duties of that office showed 
 that it was one in which a drone might slumber; but if filled well, 
 was a most laborious office, and pointed out how. 
 
 March 15. The only debate of any consequence this day in Sen- 
 ate was on the naturalization bill. The same illiberality as was 
 apparent on other occasions possessed the New England men. Im- 
 migration is a source of population to us, and they wish to deprive 
 us of it. I was up several times, but always endeavored to be con- 
 cise and to the point as much as I possibly could. Mr. Morris was 
 up once ; I thought he lost himself, and by way of getting out, said 
 he was of the same opinion as the member from New York Mr. 
 King. Mr. King is as much against us as any of them, but he does 
 it in an indirect manner. 
 
 March 16. Mr. Morris, after sitting serious a good while, turned 
 to me, and began a familiar chat. At last asked me to walk on one 
 side from our seats, and asked me if back lands could still be taken 
 up. I told him yes. He immediately proposed to me to join him 
 in a speculation in lands, which he said he thought that he, from his 
 connections in Europe, could sell at a dollar an acre. I paused a 
 moment, said as our waste lands were totally unproductive, such a 
 thing might be beneficial to the public as well as ourselves; that in 
 this point of view I saw no objection. I stated some affairs of our 
 land office briefly, and he concluded we would make up our esti- 
 mates the first leisure moment. If he is in earnest in this matter, 
 he will be favorable to the lowering of the terms of the land office. 
 
 March 16. The principal debates this day were on the natural- 
 ization bill, and were characterized with the same illiberality as 
 those before mentioned. 
 
 We had company this day, mostly Virginians. Colonel Bland 
 was of the number. He is an assumer on the subject of the State 
 
IN THE FIRST SENATE OF THE UNITED STATES. 179 
 
 debts. He avowed his design to be a demonstration to the world 
 that our present constitution aimed directly at consolidation, and 
 the sooner everybody knew it, the better. So that, in fact, he sup- 
 ported the Secretary on anti-Federal principles. This, I believe, is 
 the design of Gerry and many more. The New England men, how- 
 ever, want to get their State debts shook off before they declare 
 themselves completely. In their former attempt to sink them, they 
 raised Shay's rebellion. 
 
 The appropriation bill was just read, and the President passed to, 
 and took up, the mitigation bill, (of fines, forfeitures.) 
 
 It was on the third reading, and Ellsworth offered an amendment, 
 and the bill was committed. 
 
 The Naturalization Bill. 
 
 Xow, the naturalization bill was taken up, and all our old argu- 
 ments went over and over again. The fact is the adoption of 
 strangers has set Pennsylvania far ahead of her sister States. They 
 are spiteful and envious, and wish to deprieve her of this source of 
 population ; but it will scarcely do to avow openly such ungenerous 
 conduct. It, therefore, must be done under various pretenses and 
 legal distinctions. Two years residence was insisted on in the bill. 
 We cared not for this, but let the stranger hold land the moment 
 he comes, &c., &c. 
 
 March 17. Two law opinions were supported in the debates of 
 this day. One, that the power of holding lands was a feature of 
 naturalization that lands, &c., could not be held without it. This 
 doctrine was pushed so far by Ellsworth as to declare that the 
 rights of electors, being elected, &c., should attend and be described 
 in the act of naturalization. All that could be said would not sup- 
 port this doctrine. Ellsworth was even so absurd as to suppose if 
 a man acquired the right of suffrage in one State, he had it in all, 
 &c. This doctrine it was seen would not carry, and now one more 
 conformable to the common law was set up. 
 
 It was alleged that the disability of an alien to hold lands arose 
 from the common law, and was separable from the rights of natur- 
 alization, as in the case of denization in England, where the Crown 
 could confer the right of giving, receiving, and holding, real prop- 
 erty. When an alien, therefore, was enabled to hold real estate, it 
 was, in reality, by repealing part of the common law, with respect 
 to him. Not by giving a power, but taking away a disability. It, 
 therefore, strictly speaking, rested with the respective States 
 whether they would repeal the common law, with respect to aliens, 
 touching the point of holding property, and, being a pure State 
 
180 SKETCHES or DEBATES 
 
 concern, had no occasion to be made any mention of in the natur- 
 alization act, but must remain to be settled by the different States 
 by law, as well as the rights of election, &c. We, of Pennsylvania, 
 contended hard to have a clause for empowering aliens to hold, &c., 
 but the above reasoning prevailed, and we lost it. 
 
 Before Senate was formed, this morning, Mr. Carroll, of Carroll- 
 ton, happened to be sitting next to me. We were chatting on some 
 common subject. The President was in the chair, which he had 
 taken on the performance of prayer. He hastily descended, came 
 and took the chair next to Mr. Carroll's. He began abruptly : 
 How have you arranged your empire on your departure ? Your 
 revenues must suffer in your absence. What kind of administra- 
 tion have you established for the regulation of your finances ? Is 
 your Government entrusted to a viceroy, nuncio, legate, plenipoten- 
 tiary, or charge d'affaires, &c., &c. ? Carroll endeavored to get him 
 down from his imperial language by telling him he had a son-in law 
 who paid attention to his affairs, &c. 'Twas in vain. He would 
 not dismount his hobby. At it again ; nor was there an officer in 
 the household, civil, or military departments of royal or imperial 
 government that he had not an allusion to. I pared my nails, and 
 thought he would soon have done, but it is no such easy thing to 
 go through the detail of an empire. Guardian goddess of America, 
 canst thou not order it so, than when thy sons cross the Atlantic 
 they may return with something else beside European forms and 
 follies ! But I found this prayer ruffled me a little, so I left them 
 before Adams had half settled the empire. 
 
 Mr. Morris had some further chat on the proposal of yesterday. 
 I told him if I thought it possible that disadvantage could flow 
 either to the public or individuals, I never would hear of it. He 
 said advantage would probably flow to the public from it. It would 
 be the means of bringing us both money and people. I now touched 
 him on the subject of lowering back lands of Pennsylvania. It was 
 a cold scent. I find he is for what the speculators call dodging 
 selling the land in Europe before he buys it here. He repeated 
 that a dollar an acre could be got for it. 
 
 March 18. The burden of this day's debate was the naturaliza- 
 tion bill over again. From the most accurate observation I have 
 been able to make, the conduct of the members has been influenced 
 by the following motives : As Pennsylvania is supposed likety to 
 derive most benefit by migrations, the eastern members are disposed 
 to check it as much as they can. Jersey, nearly indifferent ; Dela- 
 ware, absolutely so ; Maryland, as Jersey ; Virginia, unrepresented ; 
 North Carolina, favorable. South Carolina and Georgia want peo- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 181 
 
 pie much, but they fear migrations, and will check them rather than 
 run the chance of importing people who may be averse to slavery. 
 Hence the bill passed the House nearty as it came up from the Rep- 
 resentatives. 
 
 The governing ideas seemed to be the following : That the hold- 
 ing property was separable from and not absolutely connected with 
 naturalization ; that laws and regulations relating to property, not 
 being among the powers granted to Congress, remained with the 
 different States. Therefore Congress would be guilty of an assump- 
 tion of power if they touched it ; that the holding of property was 
 a common law right ; and the disability of aliens to hold property 
 from that quarter. Patterson, Bassett, Henry, and Johnson, all 
 finally settled in this way. Ellsworth dead against this ; the hold- 
 ing property, (real,) a feature inseparable from naturalization, &c. 
 Strong rather inclined to Ellsworth. Dr. Johnson said about as 
 much on one side as the other. Few, too, is said to be a lawyer ; 
 but though he spoke a great deal, he did not seem to enter into the 
 distinctions. For our parts, we wished the naturalization bill to be 
 in as exact conformity as possible to the existing laws relating to 
 aliens in Pennsylvania ; and this I am convinced would have been 
 the case, had it not been for that low spirit which contaminates 
 public characters as well as private life. 
 
 March 19. The naturalization bill taken again. Now, Butler, 
 too proud to have lent his aid to any motion that was not his own, 
 came forward with two motions. They were, in fact, nearly the 
 same which had been negatived three or four times before. It was 
 alleged they w r ere all out of order ; but he was indulged, and lost 
 them both. 
 
 Now, Few must bring forward his motion, too. It was equally 
 out of order, but he was indulged in the loss of it. 
 
 It appears that all over Europe where the civil law prevails, aliens 
 hold property. It is the common law of England that deprives 
 them of holding real estate. The common law has been received 
 by us, and with it, this consequence. 
 
 However, since we cannot get the rights of property fully ac- 
 knowledged, it is best that the naturalization bill say nothing 
 about it. 
 
 Mr. Morris got warmly at me this day about the affair of land. 
 Repeated he thought even more than a dollar per acre could be got, 
 and requested me to write him an account of the kind of land, dis- 
 tance to market, &c., &c. I wrote to him as follows : 
 
182 SKETCHES OF DEBATES 
 
 NEW YORK, 20th March, 1790. 
 
 SIR: The lands, concerning which you have made inquiry, are 
 situated in the county of Northumberland, on the heads of Ly- 
 coming, Pine Creek, and Tioga, branches of the river Susquehanna. 
 Their distance from Philadelphia, as the roads now go, is from one 
 hundred and eighty to two hundred miles, but it may be shortened 
 by opening a more direct communication. The county of North- 
 umberland, in which the first settlements were made about the year 
 1170, was totally desolated by the incursions of the Indians during 
 the Revolution, a misfortune it never can experience a second time, 
 as the late settlements of the State of New York (being extended 
 north of it) and Luzerne county form a complete barrier, and the 
 savages have greatly diminished, must soon be totally excluded by 
 the increasing settlements from the Atlantic side of the great lakes 
 Ontario and Erie. Northumberland county now contains between 
 two and three thousand families. Provisions of all kinds can be 
 had in abundance. The average price of wheat, rye, Indian corn, 
 barley, buckwheat, and speltz, when compounded, has seldom been 
 equal to half a Spanish dollar per bushel. The present year it is 
 higher, not owing to any failure of crops, but the uncommon de- 
 mand for exportation. The country in which these lands are situ- 
 ated is mountainous, but the high ridges are never included in the 
 surveys. It is covered with an immense forest of timber. Maple ; 
 sugar tree; buck; beech; oak of all kinds; pine, mostly of the 
 white and spruce kinds; white walnut ; wild cherry ; hickor}^ ; ash, 
 &c. These forests sometime ago seemed to set husbandry at defi- 
 ance, but we now know that, independent of the advantage of clear- 
 ing the ground, they can be converted to useful purposes in the 
 manufacture of potash. The different streams of the Susquehanna 
 offer the means of conveying any produce whatever to market. 
 This country has been observed to be particularly favorable to grass, 
 and, perhaps, the raising of cattle may be the most profitable object 
 of husbandry, as stock carries itself to market. These parts enjoy, 
 in an eminent degree, the advantage and security of double crops. 
 
 The snows, which fall regularly at their proper season in winter, 
 insure a plentiful harvest of the fall grain; wheat, and rye with tol- 
 erable husbandry, seldom yielding less than twenty bushels per acre. 
 The length of the summer is well adapted to Indian corn, flax, oats, 
 spring barley, summer wheat, tobacco, and vegetables of all kinds. 
 Buckwheat is often sowed with success in the same summer on the 
 ground from whence wheat, rye, or winter barley had been reaped. 
 Perhaps, so far as respects seasons, the interests of husbandry are 
 no where better secured than in Pennsylvania. The abundant ex- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 183 
 
 ports of flour, grain, &c., from the port of Philadelphia afford full 
 proof of this. It is certain that as you advance southward, and 
 diminish the rigors of winter, you lessen the certainty of the winter 
 crops ; while ascending to the north, the contracted and chilly season 
 seldom brings to maturity the summer produce, which is often 
 blasted or perished by early frosts. Yet such is the rage of migra- 
 tion, that lands, with all the advantages of soil and climate, in the 
 bosom of society are neglected for fancied elysiums in Yazoo or 
 Kentucky. I cannot state with precision the quantity of these 
 lands, having no actual surveys before me, but I know they are not 
 less than fifty thousand acres. If I can render you any further in- 
 formation, I shall be happy in doing so. 
 
 I am, sir, yours most, &c., 
 
 W. M. 
 Honorable R. MORRIS, Esquire. 
 
 Writing the foregoing letter was all I did this forenoon. The 
 Speaker took me in his carriage, and we rode in the afternoon. 
 
 Sunday, 21st. Wrote letters to my family this forenoon. 
 
 After dinner, walked alone, up and down, back and forward, on 
 the island. The Speaker told me the report was not to be taken up 
 until Fitzsimmons came back, which was to be on Thursday. He 
 knows all the motions of the janizaries and gladiators. 
 
 March 22. Visited Mr. Wilson's lodgings with the Speaker. I 
 then went with Mr. Wynkoop to visit Mr. Carroll, of Carrollton. 
 We got on the subject of the State of Carolina having instructed 
 their representation. 
 
 Could any hints have gone from here, said he, to set them on this 
 measure ? He is a Roman Catholic, and the intimate friend of Mr. 
 Fitzsimmons. This question raised the following train of ideas in 
 my mind : Fitzsimmons is gone to prevent a similar measure in 
 Pennsylvania, and I am suspected of having given hints to set such 
 a measure going. Perhaps something of this kind may be alleged 
 against me with justice. The doctrine of instruction may certainly 
 be carried so far as to be in effect the tribunitial veto of the Ro- 
 mans, and reduce us to the state of a Polish diet. But it is intro- 
 duced. Perhaps the best way is for all the States to use it, and the 
 general evil, if it really should be one, will call for a remedy. But 
 here is a subject worthy of inquiry. Is it to be expected that a 
 Federal law passed directly against the sense of a whole State will 
 ever be executed in that State ? If the answer is in the negative, 
 it is clearly better to give the State an early legislative negative 
 than finally let her use a practical one which would go to the disso- 
 lution of the Union. 
 
184 SKETCHES OF DEBATES 
 
 A memorial of one Tracy was read, praying a bankrupt law to 
 "be passed under the authority of the United States. A motion for 
 the appointment of a committee to bring in a bill for such purpose. 
 There was a greal deal of speaking on this subject, and really I 
 thought had not justice done to it. I got up, and was listened to 
 with attention while I explained the difference between the common 
 laws for the discharge of insolvent debtors and the laws respecting 
 commission of bankruptcy, and confined the latter to its proper 
 field, the trading part of the community ; and this part only be- 
 longed to the Congress to take up, and I doubted whether they had 
 done most harm or good, &c. I was led into a detail of the laws 
 of England on this head. Much was said on all hands, but we neg- 
 atived the motion. 
 
 The moment it was through, General Schuyler and Mr. Morris 
 called for it on the third and last reading, for they said the Secre- 
 tary wanted to make remittances to Europe. They got what they 
 wanted, and thus we had done with it. 
 
 This mode of business cannot last long. All evils, it is said, cure 
 themselves. Here is a general appropriation of above half a million 
 of dollars the particulars are not mentioned the estimate on which 
 it is founded may be mislaid or changed ; in fact, it is giving the 
 Secretary the money for him to account for as he pleases. This is 
 certainly all wrong. The estimate should have formed part of the 
 bill, or should have been recited in it. 
 
 Mr. Morris this day asked me if I had prepared anything on the 
 subject we had been conversing about. I put the letter into his 
 hands. He read it with apparent satisfaction put it into his pocket. 
 He asked me if some kind of houses could not be raised and cov- 
 ered with bark at a small expense on these lands. I told him they 
 might, if honest men were employed who would not make a job of it. 
 
 The Senate adjourned about two o'clock. I was told there was 
 warmth in the House of Representatives on the Quaker memorial, 
 and went in. The House have certainly greatly debased their dig- 
 nity, using base, invective, indecorous language ; three or four up 
 at a time, manifesting signs of passion, the most disorderly wander- 
 ings in their speeches, telling stories, private anecdotes, &c. I know 
 not what may come of it, but there seems a general discontent among 
 the members, and many of them do not hesitate to declare that the 
 Union must fall to pieces at the rate we go on Indeed, many seem 
 to wish it. 
 
 March 23. Went with a party to wait on Mr. Jefferson. He was 
 out. We left our names. 
 
 Mr. Morris chatted with great freedom with me this day on his 
 
IN THE FIRST SENATE OF THE UNITED STATES. 185 
 
 private affairs. Explained some of the difficulties he had met with 
 in the settlement of his accounts. Says the balance will be in his 
 favor. Declares he will soon have done and put to silence his ad- 
 versaries. Justice says plainly this ought to be the case, if he has 
 been injured. He is very full of the affair between him and me. 
 His countenance speaks the appearance of sincerity and candor. 
 Interest, however, the grand anchor to secure any man, lies at the 
 bottom. 
 
 24. This day little of consequence done in the Senate. 
 
 I was called out of the Senate. When I came in the report of 
 the committee on the difference of boundary between the United 
 States and Nova Scotia was under consideration. I said a few 
 words, which appeared to be well received, on the subject. Izard 
 and Butler both manifested a most insulting spirit this da} r , when 
 there was not the least occasion for it, nor the smallest offense 
 offered. These men have a most settled antipathy to Pennsylvania, 
 owing to the doctrines patronized in that State on the subject of 
 slavery. 
 
 March 25. The Speaker told me last night that Mr. Clymer 
 wished to see us this morning at his lodgings. As I always em- 
 brace the smallest hint to meet the delegation, I was early ready, 
 but the Friends, who had been in town on the abolition business, 
 called, in two parties, to take leave of us. I, however, hastened to 
 Mr. Clymer 's lodgings. Found Scott, Hiester, and Wynkoop at 
 the door. I asked what had happened. Scott, with a great laugh, 
 said Clymer had read them a letter to the Speaker, and was dread- 
 fully afraid all the people would fly to the western world. I replied, 
 Scott, I told you some time ago that all this would happen if you 
 taxed the Atlantic States too high, and you gave me a great Mo- 
 nongahela laugh in answer. Aye, says he, and I will give you many 
 more. I went up stairs, and had a letter of Clymer's composing 
 put into my hands ; the amount of it was that every man was worth 
 200 sterling ; that every man that went to the western country 
 was lost to the United States, and therefore every tract of land we 
 sold to a settler would be attended with the loss of a man, or his 
 equivalent, 200, deducting the trifle the United States would get 
 for the land. 
 
 All this fine reason falls dead to the ground should it appear that 
 the man is not lost to the United States. It is, however, fact that 
 by an impolitic oppression of taxes we may detach the whole coun- 
 try from us, and connect them with New Orleans ; and in that case, 
 we will get nothing for the lands. Clymer came in, and said, on 
 the principle of that letter, he would vote against paying any of the 
 
186 SKETCHES OF DEBATES 
 
 public debts with back lands. What a deal of pains he has been at 
 to fish up some kind of reason to accommodate his vote to the wish 
 of the public creditors, alias speculators. They are a powerful 
 body in Philadelphia, and, therefore, not to be neglected. I asked 
 what our friends in Philadelphia thought, particularly on the as- 
 sumption of the State debt. He said they were divided, but there 
 were more against it than for it. He now said some fine things on 
 the improvement of the State, &c. I walked with him and Colonel 
 Hartley. All the way to the Hall did his tongue run on the sub- 
 ject of going to the Potomac. I bore my testimony in the plainest 
 language against all this ; regretted our not having tried an adjourn- 
 ment to Philadelphia a year ago. Said if we would go to Philadel- 
 phia, with the promise of the permanent residence on the Potomac, 
 we could without it. He was peevish and fretful. 
 
 No business of consequence done in the Senate. Two bills came 
 up to be signed. Our President used these words from the chair, 
 before he signed them : Is there any objection, gentlemen, to the sign, 
 ing of these bills ? He seems a tone lower than he used to be. The 
 amendment on the mitigation bill was non-concurred in, and man- 
 agers for a conference appointed. 
 
 26. The bill for augmenting the military to sixteen hundred men 
 came up. Read, and Monday appointed for a second reading. 
 
 A petition read from Captain Barry and others for commutation. 
 Nothing else done in Senate. Spent some time on the bill for the 
 encouragement of inventions, &c. 
 
 The Speaker had company this day. All Pennsylvanians. Mr. 
 Morris took pains to make himself agreeable. The Speaker told 
 him they had determined to risk the revenue business, as they now 
 found Williamson and Ash would be for the assumption, as they 
 had changed their minds. How true is the observation made by 
 Henry, of Maryland : All great governments resolve themselves 
 into cabal. Ours is a mere system of jockeying opinions. Yote 
 this way for me, and I will vote that way for you. 
 
 March 2T. Received a few lines from Doctor Rush, in which he 
 tells me I am complained of for corresponding with the Controller 
 General. This I well know comes from Fitzsimmons. He would 
 wish that no man but himself should know anything of the finances 
 of Pennsylvania. I have made advances to the Philadelphians re- 
 peatedly, but they shake us off; and, when meetings had been set- 
 tled for the communication of knowledge, they have broken them 
 up. But I am found to possess knowledge of the finances of Penn- 
 sylvania. The presumption is that I correspond with Nicholson. 
 Am become independent of them, and, therefore, criminal. 
 
IN TIII: Pi i IST SENATE OF THE UNITED STATES. 187 
 
 Mr. Morris has made no agreement with me about lands. He said 
 he would draw up something on this subject in writing. Nothing 
 of this has happened, and, perhaps, never will. I thought such a 
 thing might happen, and was careful in my letter. 
 
 1 wish I was honorably off with this same business of Senate. 
 If Congress continues to sit in New York, I cannot pretend to con- 
 tinue a member of it. Circumstances may direct me to what is 
 best. God has, however, given to every man his talent for the ex- 
 press purpose of making use of it ; or, in other words, that he may 
 conduct himself on the principles of right reason. May he enable 
 me to keep my lamp trimmed always. 
 
 29th March. Committee on the bill for the progress of writs, 
 &c., reported. Three other bills came up to us one for treaty with 
 Indians for extending the effect of the State inspection laws, and 
 the Xorth Carolina cession. The last, amended by striking out the 
 word " Honorable " from before the names of the Senators. Butler 
 bounced, and Izard made frightful faces at it. They were opposed 
 by King, Ellsworth, and Patterson. I was pleased to see the York- 
 ers and Southern people at it. The business was got rid of by a 
 new clause altogether in the beginning of the bill, from which a 
 clear inference in practice follows, viz : That the whole of the bill 
 is in the power of the Senate, notwithstanding their former agree- 
 ment, and the concurrence of the other House to any part or parts 
 of it ; and then deliberations are not confined to the parts only re- 
 specting which the disagreement subsists. I have spoken to Otis 
 to copy all the papers, that I may plead this precedent, if necessary; 
 for this doctrine was pointedly denied in the disputes respecting 
 the permanent bill. 
 
 This day the House of Representatives took up the report of the 
 Committee of the Whole House on the Secretary's report ; and after 
 adopting the three first clauses, re-committed the one on the assump- 
 tion of the State debts 29 to 27 ; so that I hope this will be re- 
 jected at last. 
 
 The Speaker has declared that he will vote against it, if there 
 should be a tie in the House. This was my opinion, which he early 
 adopted, and which he has so often subscribed to, that it will be 
 impossible for him to recede from it, upon this principle that a 
 matter of moment, not absolutely necessary, had better be omitted 
 than carried by so small a majority as one vote. This opinion has 
 met with much approbation from many members of Senate ; and I 
 have taken care to let the Speaker know it. 
 
 March 30. Third reading of the bill for the progress of useful 
 arts produced a debate by the New England members in favor of a 
 
188 SKETCHES OF DEBATES 
 
 man from their country; but by being joined by the southern men 
 we defeated them. 
 
 Read the law for giving effect to the inspection laws of the States. 
 Message from the Representatives, with cession bill agreed to. 
 Message from the President, with nominations to vacant offices. 
 The bill for the military establishment took up the rest of the day 
 in desultory debate, and was finally committed to seven members. 
 This bill seems laying the foundation of a standing army. 
 
 The justifiable reasons for using force seem to be the enforcing 
 of laws, quelling insurrections, and repelling invasions. The Con- 
 stitution directs all these to be done by the militia. Should the 
 United States unfortunately be involved in war, an army for the 
 annoyance of an enemy in their own country, (as the most effective 
 mode of keeping the calamity at a distance, and forcing an adver- 
 sary to terms,) will be necessary. This seems the meaning of the 
 Constitution, and that no troops should be kept up in peace. This 
 bill certainly aims at different objects. The first error seems to 
 have been the appointing a Secretary at War when we were at peace ; 
 and now we must find troops, lest his office should run out of em- 
 ployment. 
 
 Dressed, and attended the levee. I generally used to leave this 
 part of duty to Mr. Morris ; but now he is gone, and, lest there 
 should be any complaints, I will discharge this piece of etiquette. 
 The day was fine, and the levee large. 
 
 March 31. A call of the gladiators this morning. Therefore, ex- 
 pect it will be a day of some importance in the House of Repre- 
 sentatives. 
 
 In Senate, the bill for enforcing the inspection laws of the State 
 had a third reading. The appointments of Rufus Putnam, a judge 
 of the Western Territory ; James Brown, attorney for Kentucky ; 
 and Henry Bogart, surveyor for Albany, were consented to. Senate 
 adjourned. 
 
 Early went to hear the event of this day's debates in the House 
 of Representatives. Nothing remarkable, save a violent personal 
 attack on Hamilton by Judge Burk, of South Carolina, which the 
 men of the blade say must produce a duel. The question was not 
 taken on the assumption. 
 
 Mr. Wynkoop spoke to me in the Representative Chamber to have 
 a meeting of the delegation. 1 supported this idea, and we agreed 
 to meet at the Speaker's. But I first went, and drank tea with Mr. 
 Wynkoop and Mrs. Wynkoop. 
 
 There was a great deal of desultory discourse at the meeting. 
 Mr. Clymer took on him to assert that the State of Pennsylvania 
 

 Lv THE FIRST SENATE OF THE UNITED STATES. 189 
 
 was in debt to the Union, and disbelieved all Mr. Nicholson's state- 
 ments, and declared unequivocally for burning all old accounts. 
 
 I metioned Nicholson's statements as being made from authority, 
 and that they neither ought nor could be invalidated on supposi- 
 tion. That the old confederation had proceeded every step on the 
 grounds of a final settlement. That to annihilate the old accounts 
 was contrary to the new constitution, which had sanctified every act 
 of the old Congress ; nor could I see how any State could call on 
 the Union to assume any debt of theirs until she showed, by a set- 
 tlement, that she had exceeded her requisitions. 
 
 April 1, 1790. This day, in Senate, two bills were signed: The 
 Carolina cession act and the bill for giving effect to the State in- 
 spection laws. A committee was also appointed to settle the pay 
 of the Senators up to this time. 
 
 The Senate adjourned, and I went into the Chamber of Repre- 
 sentatives to hear the debates. It was a dull scene. Gerry took up 
 the time of the committee to the hour of adjournment. He is a 
 tedious and most disagreeable speaker. The committee rose, and 
 no question was taken. 
 
 Soon after I came in, I took an opportunity of speaking to Mr. 
 Wynkoop. I was pointing out some inconveniences of the assump- 
 tion. I found he seemed much embarrassed. Lawrence and Benson 
 had got him away from his usual seat to near where they commonly 
 sat. He paused a little. Got up rather hastily. Said : God bless 
 you. Went out of the Chamber, and actually took his wife, and 
 proceeded home to Pennsylvania. 
 
 April 2. The House of Representatives met, but adjourned on 
 account of the holiday. 
 
 I conversed this day at the Hall with George Gray. He declares 
 the people of Pennsylvania are universally opposed to the assump- 
 tion, now the matter seems understood. This is the effect of the 
 publications, which I have labored hard indeed to get into the 
 prints. The Speaker is now firm against the assumption, and so is 
 Scott. Clymer is so, too, but I am not quite certain whether his 
 wish of popularity has yet been able to subdue his pride. I have 
 put my political life in my hand in starting this opposition in the 
 teeth of the Philadelphians. If I fail, my seat in Congress and 
 disgrace in the public eye will follow. But I am conscious of rec- 
 titude of intention, and hie murus aheneus esto, nil conscire sibi, 
 nulla pallescere culpa. 
 
 April 3. Called in the morning at Mr. Hamilton's office to make 
 an apology for not dining with him. Could not see him. He was 
 closeted with the Secretary at War. Was desired to stay until he 
 
190 SKETCHES or DEBATES 
 
 was disengaged. The importance of my business would not justify 
 this. Gave my name and compliments to Colonel Hamilton, and 
 information that the badness of the weather prevented my dining 
 with him yesterday, as I happened to be so unfortunate as not to 
 be able to procure a carriage. 
 
 And now, this momentous affair being settled, went to the Hall. 
 The minutes were read. A message from the President of the 
 United States. A report handed to the Chair. The report was 
 the pay due to each member. Doctor Elmer and Mr. Bassett whis- 
 pered me, after the report was handed in, that King and Schuyler 
 were allowed full pay, notwithstanding they had not been much with 
 us, and that Dr. Johnson was allowed full pay and mileage to Con- 
 necticut, though he lives here ; while the time Dr. Elmer was absent 
 was deducted. 
 
 I went into the Representative Chamber expecting the assumption 
 would be taken up. A listless apathy seemed to pervade the whole. 
 Two motions were negatived touching some appointment of a foreign 
 nature, that did not seem to have been well digested. Somebody 
 said adjourn, and they adjourned accordingly. This really seems 
 like the mockery of business. The New England men despair of 
 being able to saddle us with their debts, and now they care not 
 whether they do any business or not. 
 
 April 4. When I was called down to dinner, the Speaker and 
 General were closeted with Clymer and Jackson. All was profound 
 mystery. We had half finished our dinner before they joined us. 
 I saw they were filled with thoughts of importance, but I scorned 
 to be inquisitive. I retired to my chamber. The Speaker soon 
 came to me, and unfolded the mystery. Clymer had a proposal to 
 barter away the Pennsylvania votes, for an assumption, for the 
 Carolina and Massachusetts votes, for an adjournment to Philadel- 
 phia. The Speaker, however, avowed to me the reason of the vote 
 for assumption, viz : consolidation, and uniting in one government. 
 
 I told him plainly Hamilton had no abilities for such a work, and 
 the thing would miscarry in his or any other hands. I determined 
 to go and call on Clymer about this business. I did so, but he had 
 Jackson (of the President's family) with him. I sat till I was tired 
 and rose with the first of the company to come away. Clymer asked 
 me to walk on the Battery, and we roamed almost the whole length 
 of the town, up the East river and back again, without his giving 
 me an opportunity of speaking with him. I felt hurt at his distant 
 treatment. I went with him home. He called Jackson in. Jack- 
 son made a florid harangue on the golden opportunity of bartering 
 the votes of Pennsylvania with South Carolina and Massachusetts, 
 
IN THE FIRST SENATE OF THE UNITED STATES. 191 
 
 to give the assumption and get the residence of Congress. What- 
 ever I might have done in other company, I would not commit my- 
 self to Jackson. I spoke my sentiments sincerely on the villainy 
 of bartering votes ; declared my opinion that Pennsylvania need 
 make no sacrifice to obtain Congress ; that matters were working 
 as favorably as could be wished ; that I entertained no doubt of ad- 
 journing to Philadelphia; that assuming the State debts, in the 
 manner proposed, was so radically wrong that nothing could justify 
 the act, and that the postponement of it ought to take place at any 
 rate. 
 
 Clymer said it would not be postponed it would be carried. 
 
 I said the Pennsylvanians might see each other before that time. 
 He said they could not. I told him if the Pennsylvanians were 
 able to postpone it after a contract was made, they were able to do 
 it without any contract ; and if they really meant to sell their votes, 
 it was idle to talk of giving them without and before a contract was 
 made. Make a present of a thing, and you need not demand a price 
 afterwards. I concluded with saying I would have time enough to 
 make up my mind before the business appeared before the Senate , 
 but had no objection to deliver my sentiments at any time, and had 
 given them now with freedom. 
 
 Hence appears plainly how much the assumption of the State 
 debts made a point of by the court party. In fact the reduction 
 of the State governments was the object in theory in framing both 
 the Constitution and Judiciary, and in as many laws of the United 
 States as were capable of taking a tincture of that kind. But it 
 won't do. 
 
 Monday, 5th April. The bill for the progress of the useful arts 
 was concurred with after considerable debate. The report of the 
 Senators from the joint committee on the mitigation bill was, that 
 the disagreement continued. 
 
 A communication of the President of the United States of three 
 acts of the Legislature of New York. The whole papers were read. 
 The act of transmission from the government of New York was 
 pomposity itself. They, however, often reiterated the words, Free 
 and Independent, which I thought done designedly. 
 
 I had some discourse with Col. Hartley, and he has promised to 
 withhold his vote for the assumption for some time at least. 
 
 I went this afternoon to hear a negro preach. I can only say it 
 would be in favor of religion in general if preachers manifested the 
 same fervor and sincerity that was apparent in his manner. He de- 
 clared himself untutored, but he seemed to have the Bible by heart, 
 Tempora mutantur, et nos mutamur in illis. 
 
192 SKETCHES or DEBATES 
 
 April 6. The Senate seemed likely to have no business before 
 them this day ; but all at once up rose Few, and offered a report 
 of the bill for the military establishment. Some trifling amendments 
 were made in the compensation to the officers, but the bill was ma- 
 terially the same. It was generally agreed to, as the sense of the 
 Senate, that no report should be offered until the bill for regulating 
 the intercourse with the Indians and the treaty bill should be put 
 into the hands of the same committee ; but whatever is, is best. It 
 is out of the hands of that committee, and postponed. I spoke 
 against the whole bill as the egg from which a standing army would 
 be hatched, as it is a standing army in fact, for the smallness of the 
 number does not diminish the principle. But I foresee I will have 
 much to say under this head at a future day. 
 
 Carroll, of Carrollton, edged near me in the Senate Chamber, and 
 asked me if I had seen the King of France's speech and the acts 
 of the Tiers Etats, by which the distinctions of nobility were broken 
 down. I told him I had, and I considered it by no means dishonor- 
 able to us that our efforts against titles and distinctions were now 
 seconded by the representative voice of twenty-four millions. A 
 flash of joy lightened from his countenance. How fatal to our fame 
 as lovers of liberty would it have been had we adopted the shackles 
 of servility which enlightened nations are now rejecting with de- 
 testation. 
 
 April 7. A committee was appointed in the Senate to bring in 
 a bill for the territory of the United States south of the Ohio. I did 
 not oppose the appointment of a committee, but told some of them 
 that they must make it stand alone, as I wished to avoid all ex- 
 pense. I had no notion of salaries to the Governor, judge, &c. I 
 considered the motion brought forward by way of making some 
 entry on the journals as much as anything else- A short bill, how- 
 ever, came up, and had a first reading. 
 
 The Speaker had company this day. I was wanting in spirits, 
 and did not seem to enjoy it. The table was, however, filled well, 
 and there was a good flow of conviviality. After dinner, the Speaker 
 told me that Fitzsimmons and Clymer wanted to see the delegation 
 at their quarters. I was not well. It was late ; and a tempest of 
 wind, and very cold. But I went. I told Fitzsimmons that every- 
 thing, in a pecuniary point of view, must remain in doubt until the 
 accounts were settled. That the only man who had it in his power 
 to give an opinion on the subject (the Comptroller General) had 
 taught us to think differently. I said that the State, navy, and 
 defense of the river Delaware, had cost vast sums. I could not see 
 that the defense of the Delaware, &c., was any more a charge against 
 
IN THE FIRST SEN ATI-: OF THE I'MTED STATES. 193 
 
 Pennsylvania than the expense of the American arms before Bos- 
 ton was a (li'iii.iiul against Massachusetts, or the charges at York- 
 town against Virginia. If Pennsylvania advanced the money, it 
 was in the general defense as well as her own, and the charge lay 
 well against the Union. 
 
 The business of the meeting was to consult about an adjourn- 
 ment to Philadelphia, and as the votes of Penns}dvania would de- 
 termine for or against assumption, whether they could not be so 
 managed as to effect that measure. I will only set down what I 
 said on the matter as opinion, that to barter votes was unjustifiable; 
 that the risk of losing votes was as great as the chance of gaining 
 by making a bargain with the other side, for Philadelphia had 
 friends on both sides ; that the best way was to postpone the as- 
 sumption and push the adjournment to Philadelphia, while both 
 parties feared and both courted the Pennsylvania vote. 
 
 A pril 8. A bill which came up yesterday for suspending part of 
 the revenue law, with respect to the port of Yeomus, in Virginia, 
 was read a second time. Now Ellsworth moved some alteration of 
 the law with regard to some ports in Connecticut. Langdon 
 wanted an alteration in New Hampshire, and Dalton one for Massa- 
 chusetts. It was committed to these three members. 
 
 April 9. The committee of yesterday reported the bill with 
 Ellsworth's amendment only. Said Mr. Hamilton was of opinion 
 when the new impost law was enacted the other amendments could 
 be introduced. This is art in him to make friends to his new bill, 
 and shows that he either is still confident of success or affects it. 
 There was no objection, and the bill had all its readings. 
 
 Ellsworth reported a bill for the government south of the Ohio. 
 It was to be the same as the government of the Western Territory, 
 mutatis mutandis. I had some previous discourse with Ellsworth 
 on this subject. 
 
 In Senate this day the gladiators seemed more than commonly 
 busy. As I came .out from the Hall, all the President's family were 
 there Humphreys, Jackson, Nelson, &c., &c. They had Vining 
 with them; and as I took it, were a standing committee to catch 
 the members as they went in or came out. The crisis is at hand. 
 At dinner the Speaker told me there had been a call of the Secre- 
 tary's party last night. Fitzsimmons, he said, had been sent for, 
 and they had determined to risk an action to-morrow. 
 
 April 10. Dressed and attended to see the event of the day ; but 
 
 it was put off by consent. The Treasurer told me the reason of it 
 
 afterwards. Sherman, who is against the assumption, is expected 
 
 to go away, and thus the other party will be less stronger, or at 
 
 13 * 
 
194 SKETCHES OF DEBATES 
 
 least more so, by one vote. The Secretary's people scarce disguise 
 their design, which is to create a mass of debt which will justify 
 them in seizing all the sources of government, thus annihilating the 
 State Legislatures, and creating an empire on the basis of consoli 
 dation. 
 
 Monday, April 12. The business done in Senate this day was 
 trifling. A bill for establishing the government of the North Caro- 
 lina cession was taken up. I had occasion to speak to it, and moved 
 a postponement until the bill be printed and put into the members' 
 hands. It was carried. Ellsworth was fretted, and I cared not. 
 
 Two amended bills came up from the other House and were post- 
 poned. We adjourned. 
 
 I went into the House of Representatives to hear the question 
 of assumption taken. Ctymer got up, said the assumption was two 
 millions and a quarter against his State more than it ought to 
 pay; but for confirming the Government and for national purposes, 
 he would vote for it. I could not hear all he said, but the above 
 was the amount of it. 
 
 Fitzsimmons hoped to have a great many conditions obtained, 
 such as that the interest of the State debt should be paid in the 
 respective States ; that no improper charges should be brought for- 
 ward. But he would vote for it now in expectation that these con- 
 ditions would be obtained afterwards. 
 
 Certainly this could not be called the conduct of a wise man ; he 
 voted, as well as Clymer, for it formerly, and took all the Pennsyl- 
 vania delegation with him except Hiester and General Muhlenberg, 
 without any condition whatever. The question was, however, taken 
 and lost thirty-one against it, twenty-nine for it. Fitzsimmons, 
 Clymer, and Hartley voted for it. Sedgwick, from Boston, pro- 
 nounced a funeral oration over it. He was called to order. Some 
 confusion ensued. 
 
 Fitzsimmons first recovered recollection and endeavored to rally 
 the discomfited and disheartened heroes. He hoped the good sense 
 of the House would still predominate, and lead them to reconsider 
 the vote which had been now taken ; and he doubted not but it 
 would yet be adopted, under proper modifications. The Secretary's 
 group pricked up their ears, and speculation wiped the tear from 
 either eye. Goddess of description, paint the gallery. Here's the 
 paper find fancy, quills, or crayons yourself. 
 
 Tuesday, 13. Nothing of moment done this day in the Senate. 
 The bill for the territory south of the Ohio passed a second reading. 
 Some trifling debate on the amendments of the bill defining crimes 
 and punishments. 
 
IN THE FIRST Si:.\.\ ri; OF THE UNITED STATES. 195 
 
 Thursday, April 15. The bill for regulating the military establish- 
 ment was called up. The friends of this bill seem to be chiefly Butler, 
 King, and Schuyler. I have opposed this bill hitherto, as often as 
 it has been before the House, as the foundation, the cornerstone of 
 a standing army. The troops are augmented one half. The reasons 
 hitherto given have been the distressed state of Georgia. Butler 
 I IMS 1 (lazed away on this subject at a great rate. Declared over 
 and over that Georgia would seek protection elsewhere if troops 
 were not sent to support her, and said fifty Indians had penetrated 
 into the State, of which he had authentic information, &c. Carroll 
 joined him. King and Schuyler, Ellsworth and Lee opposed them. 
 Lee made a set speech against standing armies. He really spoke 
 well. King at last got up, and rather upbraided the Georgia mem- 
 bers for their silence on this question. This brought up Colonel 
 Gunn. He declared he knew nothing of fifty Indians making any 
 inroad into Georgia. He was just from there, and had the latest 
 accounts. Georgia was in peace, and never had a better prospect 
 of continuing so. There existed no cause in Georgia for augment- 
 ing the troops ; and since that was the reason assigned for it, he 
 should vote against it. 
 
 April' 16. And now again for the augmentation of the troops. 
 I took a minute view of all the papers forwarded by General Knox. 
 They were copies of letters which he had received from different 
 places, and carried, evidently , management on the face of them. Thus, 
 for instance, General Knox writes to General Wayne, in Georgia, to 
 inform him whether the Spaniards had not lately supplied the In- 
 dians with arms and ammunition. General Wayne answers that 
 his inquiries on this head resolved themselves into the affirmative, 
 and adds his opinion that it is highly probable hostile uses may be 
 made of those supplies by the savages. In this manner, leading 
 letters procure favorable answers from men who expect to be em- 
 ployed in case troops are raised. Before Colonel* Gunn came, the 
 dangers and distress of Georgia were magnified as far as fancy 
 could from frightful pictures. Colonel Gunn contradicts all this. 
 Xew phantoms for the day must be created. Xow a dreadful and 
 dangerous conspiracy is discovered to be carrying on between the 
 people of Kentucky and the Spaniards. King unfolded this mys- 
 terious business, adding he conceived his fears were well founded. 
 He firmly believed there was a conspiracy. That it was dangerous 
 to put arms into the hands of the frontier people for their defense, 
 lest they should use them against the United States. 
 
 I really could scarce keep my seat and hear such base subterfuges 
 made use of, one after anotker. I rose, demanded what right gen- 
 
196 SKETCHES OF DEBATES 
 
 tlemen had to monopolize information. If they had it, let them 
 come forward with it and give other people an opportunity of judg- 
 ing of the authenticity of the information, as well as the persons in 
 possession of it. Declared I could not tamely sit and hear the 
 characters of the people on the western waters traduced in the 
 lump. This day was the first ever I heard of the word conspiracy 
 being applied to the inhabitants of the western waters. I had a 
 right to doubt it until authentic proof was brought forward of the 
 fact. I felt myself disposed to wipe King hard, and certainly did 
 so. It was moved and seconded very fairly to reduce the number 
 to one thousand, and carried, eleven to nine. Ellsworth, though 
 he spoke for the reduction, voted against us. Mr. Morris desired 
 to be excused from voting, as he had come but lately. Ellsworth 
 said he voted against one thousand because he wanted twelve hun- 
 dred ; and, though it was certainly out of all order, got a question 
 put on this number, and carried it by one vote. No man ever had 
 a more complete knack of putting his foot in a business than this 
 same Ellsworth. At one thousand we should have had but one 
 regiment. Now the committee to whom it is re-committed will try 
 to continue them in two. And yet, economy is all his cry. 
 
 I gave notice that, when the title of the bill came to be considered, 
 I would move to strike out for regulating the military establish- 
 ment of the United States, and mention particularly what I took 
 the intention of the troops to be agreeable to the old acts of Con- 
 gress, viz : Protection of the frontiers of the United States ; facil- 
 itating the surveying and selling the public lands, and preventing 
 unwarrantable encroachments on the same. The man must be blind 
 who does not see a most unwarrantable management respecting our 
 military affairs. The constitution certainly never contemplated a 
 standing army in time of peace. A well regulated militia to exe- 
 cute the laws of the Union, quell insurrection, and repel invasions, 
 is the very language of the constitution. General Knox offers a 
 most exceptionable bill for a general militia law, which excites a 
 general opposition. Thus the business of the militia stand still, 
 and the military establishment bill, which increases the standing 
 troops one half, is pushed with all the art and address of ministerial 
 management. 
 
 Tuesday, 20. We sat a long time in the Senate without doing any- 
 thing. At last, the committee on the military bill reported. The 
 report was a mere matter of detail, only the clause limiting the bill 
 to two years was struck out. I had given notice that I would move 
 to alter the title of the bill so as to express the use and intention 
 of raising the troops, but our President was for putting the question 
 
IN THE FIRST SENATE OP^ THE UNITED STATES. 197 
 
 on the bill without saying anything about the title at all. Ellsworth, 
 who cannot bear that anybody should move anything but himself, 
 and to whom I showed the title I had proposed to offer, pushed him- 
 self before me with a title different and much shorter. He was not 
 seconded. I offered mine, and was seconded by Lee. A long de- 
 bate ensued. Ellsworth now gave all the opposition in his power. 
 It was really painful to hear the servile sentiments that were ad- 
 vanced. The spirit of the whole was that we had nothing to do 
 with the troops ; had no right to know what the President did with 
 them, or applied them to it was interfering with his command, &c. 
 I thought they were well answered. But what of that, we lost it. 
 Ellsworth now showed plainly that he cared little about his motion, 
 and that he had only started his to draw off the Senate from mine. 
 Butler had declared he would second him during the debate on 
 mine. I, therefore, called for it. He now moved it different, viz : 
 An act to raise troops for the set vice of the United States. His 
 first motion was for the defense of the frontiers, and for other pur- 
 poses. All we could do was to get a question on it, such as it was. 
 The Senate divided ten to ten. The President made a remarkable 
 speech. He said to raise troops for the service of the United States 
 was as much a standing army as a military establishment, and voted 
 for the old title. I thought I confirmed every argument I advanced, 
 either from the old or new constitution of Pennsylvania, or from the 
 constitution of the United States. 
 
 The limiting clause at the end of the bill, confining it to two 
 years, being lost, I moved that the three years in the first clause 
 should be struck out, and two inserted. I brought forward the ap- 
 propriation clause in the constitution to support me in this motion, 
 but, as it was known where the majority was, I could not obtain a 
 second. 
 
 We (had) a meeting last night of our delegation on the subject of 
 removing Congress. The language of the Philadelphians (was) to 
 make a Potomac contract. I insisted we should lose as much on 
 one hand as we could gain on the other, and infamy was certain. 
 That the business could be better done without it, &c. 
 
 April 21. The bill for regulating the military establishment was 
 taken up for a third reading. Being in Senate, and, of course, in 
 order, I moved to restore the seventeenth section, which had been 
 struck out yesterday, in the following words : And be it further en- 
 acted that this act shall continue and be in force until the 26th day 
 of March, 1792. 
 
 NOTE. Article one, section eight, pi. twelve, of Constitution United States : 
 That Congress shall have power " to raise and support armies, but no appro- 
 priation of money to that use shall be, for a longer term than two years." 
 
198 SKETCHES OF DEBATES 
 
 I went over the constitutions of Pennsylvania old and new. 
 That they were abhorent of a standing army in time of peace. In- 
 ferred, as I thought, clearly the same doctrine from the constitution 
 of the United States. I then showed that this bill established a 
 standing army. It was for regulating the military establishment of 
 the United States. It carried a permanent establishment on the 
 face of it, as it was unlimited in point of time. It clearly carried 
 with it a permanent standing army. I compared it to the mutiny 
 bill of Great Britain. All the world knew Great Britain had a 
 standing army, and her soldiers were enlisted generally for life ; and 
 yet the jealousy of the nation was such that the boldest minister 
 dared not propose the extending the mutiny bill to more than one 
 year. In legislative theory, the English had no standing army. It 
 was but an annual one. But, if the bill passed in its present form, 
 we should not have even theory to oppose to a standing army, &c. 
 Ellsworth got up, and said the reason the clause was struck out was 
 that it contradicted the terms of enlistment, and he made a distinc- 
 tion between enlisting men for three years and appropriating pay 
 for them for three years. We could do the one. We could not do 
 the other without breaking the constitution. He wished they were 
 enlisted for seven or ten years, &c. I answered that it seemed as 
 if men strained their ingenuity to try how near they could approach 
 an infraction of the constitution without breaking it. There could 
 be no doubt but the clause limiting the appropriation to two years 
 was meant as a bar against a standing army, and yet gentlemen 
 seemed to strain their faculties to accomplish the very end prohib- 
 ited without being chargeable with a direct breach of command- 
 ments, &c. 
 
 Ellsworth declared, both yesterday and this day, that military 
 establishment meant and could mean nothing short of a standing 
 army. 
 
 Carroll used the same language, and expressly said that though 
 the Constitution of Pennsylvania might forbid it, we were not to 
 be governed by any State constitution. But of all the flamers,none 
 blazed like Izard. He wished for a standing army of ten thousand 
 men. He feared nothing from them. No nation ever lost their 
 liberty by a standing army, &c., &c. The Romans lost their liberty, 
 but it was not by the army under Julius Caesar. 
 
 He was well answered by Lee, but it was in vain. A standing 
 army was the avowed doctrine, and on the question, Lee, Wyngate, 
 and myself rose. I openly declared my regret that there were not 
 enough of us to call the yeas and nays. Mr. Morris was not in at 
 taking the question. 
 
IN THE FIRST SKNATE OF THE UNITED STATES. 199 
 
 April 22. The morning looked so tempting I could not resist 
 the impulse I felt for walking out. The Speaker joined me at the 
 door. We called on Mr. Wynkoop, who is confined, &c. We got 
 on the assumption of the State debts. I find the Speaker rather 
 wavers of late. Wynkoop seemed all Secretary. I embarked as I 
 generally do, and I endeavored to speak so plain that I scarce think 
 it possible I could be misunderstood and I could not help thinking 
 that to understand and obtain consent were inseparable. 
 
 Attended at the Hall. A bill was committed, a message received, 
 and Senate adjourned. Wrote short piece against the assumption 
 of the State debts ; sent a copy to Bailey for publication. 
 
 This day there were accounts published of the death of Dr. Frank- 
 lin, and the House of Representatives voted to drape their arms for a 
 month. When I consider how much the Doctor has been celebrated, 
 and when I compare his public fame with his private character, I 
 am tempted to doubt whether any man was perfect. Yet perhaps it 
 is for the good of society that patterns of perfection should be held 
 up for men to copy after. I will, therefore, give him my vote of 
 praise, and if any Senator moves crape for his memory, I shall have 
 no objection to it, though we suffered Gray son to die without any 
 attention to his memory, though he belonged to our body, and per- 
 haps had some claim to a mark of sorrow. 
 
 April 23. A bill had been committed yesterday for the relief of 
 a certain description of officers. I believe it came from the Secre- 
 tary at War. It was absolutely unintelligible, and it really struck 
 me it was meant as the stock to engraft some mischief on with re- 
 spect to the commutation pensions and half pay of the old army, 
 everything relating to which we had generally considered as settled. 
 I spoke freely of it yesterday and this day, though I was not of the 
 committee. The committee, however, reported against the whole 
 of it, and it was rejected. 
 
 Carroll rose and made a motion that the Senate should wear crape 
 a month for the loss of Dr. Franklin. Before he was seconded, 
 Ellsworth got up and opposed it said as it would not be carried in 
 the Senate, he trusted it would not be seconded. I rose and sec- 
 onded Carroll. Izard and Butler hated Dr. Franklin, and I well 
 knew that this opposition of Ellsworth aimed at their gratification. 
 Perhaps my supporting Carroll had something of a tincture of the 
 same kind. King and Dr. Johnson joined Ellsworth. Ellsworth 
 addressed Carroll and told him (through the Chair) that he might 
 as well withdraw his motion, as it would be lost. This was really 
 insulting. But as the matter, strictly speaking, was not senatorial, 
 or such as belonged to us in our capacity as a public body, and as 
 
200 SKETCHES OF DEBATES 
 
 it was opposed, Carroll looked at me and I nodded assent, and it 
 was withdrawn. 
 
 Monday, 26th April. Attended at the Hall. Mr. Walker, from 
 Yirginia, the member elected in the room of Mr. Grayson, took his 
 seat. The progress bill, which, in fact, consisted only of one clause 
 continuing the old one to another session, had a second reading. 
 We did not continue in our seats for more than three quarters of 
 an hour till King moved an adjournment. Modesty by decrees 
 begins to leave. We used to stay in the Senate Chamber till about 
 two o'clock, whether we did anything or not, by way of keeping up 
 the appearance of business. But even this we seem to be got over. 
 
 Doctor Elmer asked me to walk with him. I saw cards handed 
 round the Senate, but this happens so often that I took no notice 
 of it. When we were in the street, the Doctor asked me if I had 
 not a card to dine with the President. I told him, with all the in- 
 difference I could put on, no, and immediately took up some other 
 subject, which I entered on with eagerness, as if I had hardly 
 noticed his question. This is the second time the Doctor has asked 
 me the same question, so that the President's neglect of me can be 
 no secret. How unworthy of a great character is such littleness ? 
 He is not aware, however, that he is paying me a compliment that 
 none of his guests can claim. He places me above the influence of 
 a dinner, even in his own opinion. Perhaps he means it as a pun- 
 ishment for my opposition to court measures. Either way, I care 
 not a fig for it. I certainly feel a pride arising from a conscious- 
 ness that the greatest man in the world has not credit enough with 
 me to influence my conduct in the least. This pride, however, or 
 perhaps I should call it self-approbation, is the result of my con- 
 duct, and by no means the motive of it. This I am clear in. 
 
 I am so very intent on getting Congress away from this place , 
 that I went to see the Philadelphians, and concert what further was 
 to be done. I wished to communicate to them the result of my 
 inquiries and receive their stock of information on the subject of 
 removal. I had some time ago determined never to call on them 
 any more, but my anxiety on this point made me break through 
 this rule. But the result has made me reenact my former resolu- 
 tion. I think it is best to respect myself. Let this resolution be 
 as a ring on my finger, or the shirt on my back let me never be 
 without it. 
 
 This day Mr. Clymer made his famous speech for throwing away 
 the western world. A noble sacrifice, truly, to gratify the public 
 creditors of Philadelphia. Reject territory the extent of an em- 
 pire, so that it may be out of the power of Congress to oblige the 
 
IN THE FIRST SEN- ATE <>F THE UNITED STATES. 201 
 
 public creditors to take any part of it. This added to the confis- 
 cation of the 17/6 in every pound of the alienated certificates, 
 which virtually belonged to the person who performed the original 
 service, and bestowing it on base speculation, completes the coun- 
 terpart of villiany to the meritorious soldier, on the one hand, and 
 the defrauded and betrayed country on the other, whose resources 
 are rejected that the debt may become irredeemable and permanent. 
 
 27th April. This a day of no business in Senate. Before the 
 House formed, Mr. Adams, our President, came to where I was sit- 
 ting, and told how many late pamphlets he had received from Eng- 
 land. How the subject of the French revolution agitated the Eng- 
 lish politics. That, for his part, he despised them all, but the pro- 
 duction of Mr. Burke, and this same Mr. Burke despised the French 
 revolution. In the evening, I called at the post office on a business 
 of the Zantzingers. Langdon, who lodges nearly opposite, called 
 to me from a window. I went over, and had a long discourse with 
 him on the subject of removing Congress. He wants to make the 
 assumption of the State debts the condition of it. I was guarded 
 as to #ny concessions on this subject. He avowed in the most un- 
 equivocal manner that consolidation of the different governments 
 was his object in the matter. That, perhaps, it was against the in- 
 terest of his State in particular, &c. 
 
 No business was done in Senate, but consenting to some nomina- 
 tions sent down yesterday, and the Senators from Yirginia laid a 
 resolution on the table for opening the doors of the Senate on the 
 discussion of legislative subjects. 
 
 April 30, 1790. A flood of business came up to-day from the 
 Representatives, but none of it was acted upon, save the first read- 
 ing of bills and appointing a committee to confer with them on some 
 point of order or etiquette. Mr. Morris spoke to me as to repealing the 
 law, or that part of the judiciary about holding a district and circuit 
 court at Yorktown. I gave it as my opinion that it was best to let 
 the other House do it, as they had introduced Yorktown; and I find 
 Boudinot has this day carried in a bill for this purpose. I hate the 
 whole of the judiciary, and, indeed, made no place at first but Phil- 
 adelpnia for holding the courts. I shall not, therefore, give them 
 my opposition. If a place is hereafter appointed for holding any 
 circuit court, it perhaps should be Harrisburg. Senate adjourned 
 over to Monday. 
 
 May 1, 1790, This is a day of general moving in New York, 
 being the day on which their leases chiefly expire. It was a fine 
 
 day, and I could not forbear the impulse of walking out 
 
 Fell in with Walker and Parker, of Yirginia. The}' were coming 
 
202 SKETCHES OF DEBATES 
 
 to visit our house. They pressed us so hard for dinner that we 
 consented. . I had not walked enough, and went to see Mr. 
 
 Wynkoop. We got again on the subject of the State debt. I never 
 saw a man take so much pains not to see a subject. It is, however, 
 now disposed of, at least for this session. 
 
 I have a letter from Dr. Rush. He praises the piece I sent him. 
 Calls it sensible ; owns himself convinced. His words : " / have 
 erred, through ignorance, on this subject " speaking of the State 
 debts. 
 
 With less prudence than integrity, I attacked the Secretary's re- 
 port the moment it appeared. When that leading feature in it, the 
 assumption of the State debts, was carried by a majority of five in 
 the Committee of the Whole Representatives, I redoubled my efforts 
 against it ; and I really believe that by my endeavors it was finally 
 rejected. I am fully sensible that I staked every particle of credit 
 I had in the world on this business, and have been successful. But 
 let me lay my account, never to be thought of for it. Be it so. I 
 have made enemies of all the Secretaries, and perhaps of the Presi- 
 dent of the United States. 
 
 Williamson coming in, and one of his colleagues, had a consid- 
 erable effect. When the whole of the North Carolina delegation 
 appeared, it settled the business. The assumption would have 
 completed the pretext for seizing every resource of government, 
 and subject of taxation in the Union ; so that even the civil list of 
 the respective governments would have depended on the Federal 
 treasury. 
 
 Mount Vernon. 
 
 No Yirginian can talk on any subject, but the perfections of Gen- 
 eral Washington interweaves itself into every conversation. Walker 
 had called at his farm as he came through Yirginia. It consists of 
 three divisions. The whole contains some ten or fifteen thousand 
 acres. It is under different overseers, who may be styled generals, 
 under whom are grades of subordinate appointments descending 
 down through whites, mulattoes, negroes, horses, cows, sheep, hogs, 
 &c. ; it was hinted at, all were named. The crops to be put into the 
 different fields, &c., and the hands, horn cattle, &c., to be used in 
 tillage, pasturings, &c., are arranged in a roster calculated for ten 
 years. The Friday of every week is appointed for the overseers, or 
 we will say, the brigadier generals, to make up their returns. Not 
 a day's work but is noted what and by whom and where done. 
 Deaths, &c., whether accidental or by the hands of the butcher, all 
 
IN THE FIRST SENATE OF THE UNITED STATES. 203 
 
 minuted. Thus the etiquette and arrangement of an army is pre- 
 served on his farm. When once the human mind is penetrated by 
 any system, no matter what, it never can disengage itself. Quere, 
 did not the Roman poet understand nature to perfection, who 
 makes his heroes marshal their armies of ghosts in the Elysian 
 Fields ; and spirits imitate in shadows the copies of their former oc- 
 cupations. 
 
 Monday, 3d May. There really was a considerable deal of busi- 
 ness done this day in Senate, and would have been much more had 
 it not been for an appeal that was made to the Chair for informa- 
 tion respecting the salary necessary for an ambassador. Full one 
 half of our time was taken up in two speeches on the subject of 
 etiquette, and expense attending and necessary to constitute the 
 very essence of an ambassador. The lowest farthing should be 
 3,000 sterling per annum, besides a year's salary at setting out. 
 A commitment of the bill was called for, and I was, contrary to 
 my expectation, put on it. 
 
 For some time past, the Philadelphians had been proposing a 
 weekly dinner. Our former meetings sunk into disuse, but they now 
 are very urgent, and this day we began the business. Judge Wil- 
 son, being a Pennsylvanian, was, of course, invited. We soon re- 
 laxed into conviviality, and, indeed, something more. We expected 
 something political would be proposed by Fitzsimmons, and out it 
 came. Gentlemen, it is expected of us that we should fix the 
 Governor of Pennsylvania. I introduced some trivial remarks 
 of the weather, &c., and the thing was checked for a time. Scott, 
 General Hiester, and General Muhlenburg went away. It was now 
 broached seriously by Fitzsimmons. Morris made a public declara- 
 tion that he was fully sensible of the honor done him in the present 
 appointment ; but, if the chair of Governor fell on him, he would 
 discharge it with impartiality, &c. Mr. Morris, by way of finishing 
 the business, addressing himself to the Speaker, may you or I be 
 Governor. 
 
 We got on the subject of the finances of Pennsylvania. Fitzsim- 
 mons asserted that our State had drawn between two and three 
 millions of dollars from the continental treasury, and that we had 
 not more than four millions substantiated against the Union. I 
 hinted to him that from anything I had seen, we had not drawn 
 more than about a million from the Continental treasury. That 
 Nicholson had rendered accounts to the amount often millions, and 
 had stated an unliquidated charge at five millions. But, I added, 
 let the account be settled fairl}-, and, if we really are in debt, let us 
 pay it. We sat too long, and drank too much ; but we seemed happy j 
 and parted in great good humor. 
 
204 SKETCHES OF DEBATES 
 
 Tuesday, 4th May. I felt in some degree the effects of the bad 
 wine we had drank, for I had a headache. Dressed, however, for 
 the levee. I had a card yesterda}' to dine with the President on 
 Thursday. The pet, if he had any on him, has gone off. 
 
 A great deal of business was done this day in the Senate in the 
 way of passing and reading bills, but no debate of any consequence. 
 Went to the levee, made my bows, walked about, turned about, and 
 came out. 
 
 Wednesday, 5th May. A considerable deal of business was done 
 in Senate, but no debate was entered on. The Rhode Island com- 
 mittee reported. The amount of it was to put that State in a kind 
 of commercial Coventry to prevent all intercourse with them in 
 the way of trade. I think the whole business premature. We ad- 
 journed early. The Secretaries have had a clear majority in the 
 House of Representatives on every question, save the adoption of 
 the State debts. They carried this at first, but some publications 
 reminded gentlemen that there was an election approaching. 
 
 May 6. Little was done this day in Senate. Two bills came up 
 agreed to from the House of Representatives. The Rhode Island 
 committee requested that they might have back their report to 
 amend it. This was complied with. 
 
 An adjournment was called, and I joined the committee on the 
 bill for the salaries of ministers plenipotentiary, charge d'affaires, 
 &c. I bore my most pointed testimony against all this kind of 
 gentry. Declared I wished no political connection whatever with 
 any other country whatever. Our commercial intercourse could be 
 well regulated by consuls, who would cost us nothing. All my dis- 
 course availed nothing. The whole committee agreed with me that 
 they were unnecessary. Why then appoint any or make provision 
 for the appointment of any, for so sure as we make a nest for one, 
 the President will be plagued till he fills it. We agreed to the bill 
 as it stood, but I proposed twice to strike out all about ministers 
 plenipotentiary. 
 
 Went to dine with the President, agreeable to invitation. He 
 seemed more in good humor than ever I saw him, though he was so 
 deaf that I believe he heard little of the conversation. We had 
 ladies : Mrs. Smith, Mrs. Page, and Mrs. White. Their husbands 
 all with them. 
 
 Friday, May 7. The ailment called the influenza rages to a great 
 degree all over the city. 
 
 On my return into the Senate Chamber, one member of it only 
 remained, sitting in a state of ennui. I have remarked him for 
 some weeks past, and he really affords a striking proof of the incon- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 205 
 
 veniency of being a fashionable. He set up a coach about a month 
 ago, and, of course, must have it come for him to the Hall. But 
 behold how he gets hobbled : The stated hour for Senate to break 
 up is three, but it often happens that Senate adjourns a little after 
 twelve, and here a healthy man must sit two or three hours for his 
 coach to take him three or four hundred yards. This is highly em- 
 barrassing, and some excuse must be found for his staying for the 
 carriage, and he is now lame and stays alone till the carriage comes 
 for him. Thus folly often fixes her friends. 
 
 Tench Coxe came this day to town, in order (as is said) to enter 
 on the assistancy of the Treasury. He is deeply affected with the 
 literary itch, the cacoethes scribendi. He has persevering industry 
 in an eminent degree. These are the qualities that have recom- 
 mended him to this appointment. Hamilton sees that the campaign 
 will open against him in the field of publication, and he is providing 
 himself with gladiators of the quill, not only for defense but attack. 
 
 May 8. The Senate was engaged in business. When we came 
 in, we found them on the Rhode Island resolves. The committee 
 had been called on to give reasons on which they founded their res- 
 olutions. Ellsworth spoke with great deliberation often and long, 
 and yet I was not convinced by him. I saw I must, if I followed 
 my judgment, vote against both resolutions. It was, therefore, in- 
 cumbent on me to give some reasons for my vote. 
 
 I observed that the business was under deliberation in Rhode Isl- 
 and. That the resolves carried on the face of them a punishment 
 for rejection on supposition that they would ruin our re venue. Let 
 us first establish the fact against them that an intercourse with them 
 has injured our revenue, before we punish them with a prohibition 
 of all intercourse. This resolution I considered premature. 
 
 The other, for the demand of $27,000, I considered as equally so. 
 Let the accounts be settled, and Rhode Island has a right to be 
 charged with, and has a right to pay, her proportion of the price 
 of independence. By the present resolutions, the attack comes vis- 
 ibly from us. She is furnished with an apology, and will stand jus- 
 tified to all the world, if she should enter into any foreign engage- 
 ments. 
 
 The Rhode Island resolutions were taken up. I was twice up 
 against these resolutions. They admitted, on all hands, that Rhode 
 Island was independent, and did not deny that the measures now 
 taken were meant to force her into an adoption of the constitution 
 of the United States ; and founded their arguments in our strength 
 and her weakness. I could not help telling them plainly that this 
 was playing the tyrant to all intents and purposes. I was twice up. 
 Said a good deal, but it answered no purpose whatever. 
 
206 SKETCHES OF DEBATES 
 
 May 12. This day exhibited a grotesque scene in the streets of 
 New York. Being the old 1st of May, the sons of Tammany had 
 a grand parade through the town in Indian dresses. Delivered a 
 talk at one of the meeting-houses, and went away to a dinner. There 
 seems to be some kind of scheme laid of erecting some kind of or- 
 der or society under this denomination, but it does not seem well 
 digested as yet. The expense of the dresses must have been con- 
 siderable, and the money laid out in clothing might have dressed a 
 number of their ragged beggars. But the weather is now warm. 
 
 Fell in with Fitzsimrnons. He talked familiarly witli me. I 
 must note part of his discourse. Those southern people have a 
 matter much at heart, and it is in my power to oblige them. They 
 fear a settlement. They cannot bear it. They have been negligent 
 of their accounts, and the eastern people have kept exact accounts 
 of eve^thing. (An interruption.) We were approaching the Hall, 
 where I knew we would part. I began. They will want you to sup- 
 port them on the discrimination of tonnage, too, against the New Eng- 
 land men ; but as they are the people who keep us here by joining 
 the New England and York votes, I have no objection to see them 
 whipped with their own rod. He seemed to enjoy this thought, and 
 laughed heartily ; but the Hall was at hand, and the old subject 
 lost. 
 
 May 1 4. The business of most importance agitated this day was 
 the Rhode Island bill, which must have had a first reading yester- 
 day when I was out I contented myself with giving my 
 
 negative to every particle of it. I knew I could gain no proselytes, 
 and that as the bill could not be justified on the principles of free- 
 dom, law, the Constitution, or any other mode whatever, argument 
 could only end in anger. Mr. Morris was one of the warmest men 
 for it, although he knows well that the only views of the Yorkers 
 are to get two Senators more into the House, on whose votes they 
 reckon on the question of residence. But he must think the getting 
 Rhode Island in superior to all other considerations. The yeas and 
 nays were called, and now, after the question was taken, there seemed 
 a disposition for argument, and some very remarkable expressions 
 were used. Izard said, "If gentlemen will show us how we can 
 accomplish our end by any means less arbitrary and tyrannical, I 
 will agree to them." 
 
 When we came on the clause for demanding $25,000, Mr. Morris 
 said, "this is the most arbitrary of the whole of it." The nays 
 were Butler, Elmer, Gunn, Henry, Mac lay, Walker, Wyn gate seven. 
 Yeas Bassett, Carroll, Dalton, Ellsworth, Johnston, Izard, King, 
 Langdon, Morris, Strong, Schuyler, Reed twelve. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 207 
 
 This day, to my great joy, a statement of the Pennsylvania ac- 
 counts came forward $10,642 43^ specie, and $47,010,138 Conti- 
 nental money, liquidated and charged against the United States by 
 our Suite, and delivered to Mr. White, the general agent, and his 
 receipt taken for it in due time. Besides an unliquidated claim of 
 five millions specie. 
 
 I understood this to be the state of our accounts at the beginning 
 of the session ; and so it seemed to be considered by all of us ; for 
 Mr. Morris, Mr. Clymer, and Fitzsimmons used to harangue on 
 this subject, and cry up that so large an annual interest would be 
 due to Pennsylvania that she would draw money enough from the 
 Continent to pay her whole civil list, make her roads, build her 
 bridges, open her canal. I know that Hamilton thought that he 
 could make the State governments dependent on the General Gov- 
 ernment for every shilling. I used to oppose all this dream of folly, 
 but all at once the State debts must be assumed. It was demon- 
 strable that this measure would defeat all settlement. 
 
 Now the very gentlemen who had promised us such revenues 
 from the Union cried out, burn the books ; no settlement ; Penn- 
 sylvania is in debt she has drawn from the Continent between two 
 and three million of good dollars, and has not substantiated but 
 between four and five millions against the Union. A mutilated 
 account of but about this sum was actually exhibited and handed 
 about by Clymer and Fitzsimmons, and an attack begun on the 
 Comptroller about the same time, as if to annihilate his reputation 
 and turn him out of all employment, as if it had been foreseen that 
 he was the only one who could detect this management, or obtain 
 justice for the State. 
 
 15th, Saturday. Devoted this day, although I was sick, to the 
 matter of removing to Philadelphia. Mr. Morris entertained me 
 with a long detail of the difficulties he met with in the settlement of 
 his accounts. I believe the clamors against him make the officers 
 inspect everything with a jealous eye. 
 
 Called to see the President. Every eye full of tears. His life 
 despaired of. Doctor MacNight told me he would trifle neither 
 with his own character or the public expectation his danger was. 
 imminent ; and every reason to expect that the event of his disorder 
 would be unfortunate. 
 
 May 18. No debate of any consequence arose this day until the 
 Rhode Island bill, which had been recommitted, was reported. Mr 
 Lee opposed -it in a long and sensible speech. Butler, in a loose and 
 desultory manner. King, Ellsworth, Strong, Izard, spouted out 
 for it. It was long before there was a slack. As this was to be 
 
208 SKETCHES OF DEBATES 
 
 the last reading, and as the yeas and nays would, in my opinion, be 
 called, I took what I thought was new ground. The bill had been 
 assigned to various motives self-defense, self-preservation, self-in- 
 terest, &c. I began by observing that the convention in Rhode 
 Island met in a week ; that the design of this bill evidently was to 
 impress the people of Rhode Island with terror. It was an appli- 
 cation to their fears, hoping to obtain from them an adoption of 
 the Constitution, a thing despaired of from their free will or their 
 judgment. It was meant to be used the same way that a robber 
 does a dagger or a highwayman a pistol, and to obtain the end de- 
 sired by putting the party in fear. That where independence was 
 the property of both sides, no end whatever could justify the use 
 of such means in the aggressors. I, therefore, was against the bill, 
 in every point of view, &c. The debate was long. I was up a sec- 
 ond time, but to no avail. The question was put, about three o'clock, 
 and carried. The yeas and nays were called, and stood nearly as 
 before, with the addition of Mr. Lee to the negative. 
 
 1 labored hard to arrange our affairs for bringing on our question 
 of removing to Philadelphia, and cannot help remarking that the 
 Philadelphians seemed the slackest of any people concerned in the 
 business. I appointed warned, or I know not well what to call it 
 a meeting of the delegation at Clymer and Fitzsimmons' lodgings. 
 Mr. Morris and the Speaker were all that met. The Philadelphians 
 really threw cold water on the business. Mr. Morris twice pro- 
 posed that it should be the new Congress that was to meet in March 
 next that should assemble in Philadelphia. Once he got on the sub- 
 ject of Trenton. Here he and I rather clipped. I proposed that 
 we should all be busy in the morning among the members. I en- 
 gaged to call on Gunn, Langdon, and Bassett, and set them to work 
 on others. The form of the resolution was agreed to, but it all 
 seemed up hill, or like a cold drag, with the Philadelphians. I hope 
 one day to be independent of them, but this is a matter I must con- 
 sult them in now. 
 
 May 19. I run this morning like a foot boy from post to pillar. 
 Now, to Gunn ; then, Langdon, Bassett, &c. Langdon refused to 
 bring forward our motion, and I then called on Bassett. He ex- 
 cused himself. With much ado, I got them to keep the motion 
 which I put into their hand. Neither of them would make the mo- 
 tion. Mr. Morris did not come near the Senate Chamber until after 
 twelve o'clock. I called him out. He said it must be omitted this 
 day. I found I need not oppose him, and we came into the Senate 
 Chamber. Langdon soon after came, and told us that Dalton ob- 
 jected to going to Philadelphia until March next, and that we must 
 
Ix THE FIRST SKXATK OF TJIK UNITED STATES. 209 
 
 alter the resolution. Mr. Morris and Dalton went together, and 
 Mr. Morris returned, and told me he had agreed with Dalton that 
 it should be the 1st of March next. Thus it is that all our measures 
 are broken in upon, and, after all the pains I have taken, this busi- 
 ness will end in smoke. 
 
 General Hiester and Mr. Buckley called on us this evening. We 
 talked over the affairs of the day. Mr. Wynkoop came in, and a 
 kind of agreement was made that the Pennsylvanians should meet 
 to-morrow at Clymer's. 
 
 May 20. I could not attend at Clymer's this morning. I, how- 
 ever, saw the Speaker at the Hall. Some strange maneuvers have 
 taken place. Jackson, of the President's family, has been with both 
 Morris and Langdon. Morris is set right, and Dalton will agree 
 with us ; but new mischief has happened. Dr. Elmer has crossed 
 to the Jerseys ; Patterson is not yet come ; Few and Gunn are both 
 absent ; so that two States are this day unrepresented. I offered 
 to make the motion. Mr. Morris, however, now makes a point of 
 doing it ; but the thinness of the Senate seems a good reason for 
 putting it off for this day. I cannot account for Jackson having 
 meddled in this business, or his knowing anything of it, by any 
 other means than through Buckley. However, we have got the 
 errors of yesterday corrected. Mr. Morris was called out and came 
 in with a most joyous countenance. " I was called out by Boudinot," 
 said lie, "to make proposals to me from the New England men, in 
 favor of Trenton" I immediately told him you cannot possibly 
 make any bargain by which you will not lose as much as you can 
 gain. A bargain with the eastern people is to lose Maryland, Vir- 
 ginia, and all southward. A southern bargain will, on the contrary, 
 lose all the eastern interest. We must be able to declare, upon 
 honor, that we have no bargain. 
 
 He was a little hurt, and said " leave all that to me." No, sir ; I 
 will make no bargain ; if it is but suspected that we have a bargain, 
 we are ruined. 
 
 I was called out, and took that opportunity of calling out Mr. 
 Fitzsimmons, and told him of Boudinot being in treaty with Mr. 
 Morris, and begged him to counteract everything of this kind. He 
 promised that he would. 
 
 The Senate got into a long debate on the resolves relating to ar- 
 rears of pay due to the Virginia and North Carolina lines of the 
 army, in 1 782-3, which have been made the subject of an abandoned 
 speculation. The report has an addition of Ellsworth's, calculated 
 as much as possible to favor the speculation. It was debated to three 
 o'clock, and adjourned. 
 14 
 
210 SKETCHES OF DEBATES 
 
 May 21. And now again Elmer is absent, and Patterson is not 
 returned, and Mr. Morris thinks the motion had not best be made 
 until they return ; so one day more is lost. 
 
 I spent a good deal of time on the affair of the Baron Steuben 
 got the report agreed to. And now the debate of the day came on, 
 respecting the resolutions, (relative to the troops of Virginia, North 
 and South Carolina, who were entitled to arrears of pay,) or rather 
 the amendment offered to the last one. The amendment was sup- 
 ported by King, Ellsworth, Dr. Johnson, Izard, and others. Lee 
 answered them. Towards the end of the debate, I rose and ex- 
 plained the reasons of the resolves that they regarded the sums 
 due the places in which the payments were to be made, and what 
 kind of transfers were to be considered as valid. All this was di- 
 rectory to our own officer, and had nothing to do with the pro- 
 ceedings of courts. Soldiers had entered into contracts, the resolves 
 before the chair neither defaced writings nor tore the seals from 
 obligations, and the law was open. The directions were, moreover, 
 in conformity to the laws of North Carolina, one of the States whose 
 citizens were concerned. That the present amendment was a mod- 
 ification of the resolution to protect the interest of the late specu- 
 lation. The reason offered for it was, that probably some innocent 
 person might suffer. I did not believe this was possible. I would 
 cheerfully agree that it was better ten guilty should escape, than 
 one innocent suffer ; but no innocent man was privy to this busi- 
 ness. The soldiers knew nothing of the matter. The speculators 
 know, and they only know, in whose hands the lists were lodged, 
 for the soldiers having received their final settlements since the ser- 
 vice was performed, concluded that nothing more could remain due, 
 &c., &c. The question was put on the amendment, and lost ten 
 for, twelve against. 
 
 The question was now put on the third resolution, and carried, 
 thirteen and nine. King, however, and a number of gentlemen, 
 called for the yeas and nays. Yeas Bassett, Butler, Carroll, Few, 
 Gunn, Hawkins, Johnston, Henry, Lee, Maclay, Reed, Walker, Wyn- 
 gate. Nays Dalton, Ellsworth, Johnson, Izard, King, Langdon, 
 Morris, Strong, Schuyler. 
 
 Now a new whim came into their heads, and they would have the 
 yeas and nays on the former question. They were told it was out 
 of order. However, they had them, and now Mr. Butler voted for 
 the amendment, least he should lose his interest at the Treasury, 
 and, of course, we were tied, eleven and eleven. But for once, in 
 my opinion, our President voted right, and gave it against the 
 amendment. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 211 
 
 22d May. In the evening a large number of gentlemen called at 
 our house. My barber had disappointed me in the morning. I 
 was rather in dishabille, but came down stairs. Although I am 
 not in the least given to dress, yet I found that I was, on this occa- 
 sion, below par ; and to know that any point about one is deranged, 
 or improperly adjusted, imparts an awkward air to one. It is on 
 this account, more than any other, that a propriety of dress should 
 be attended to. To suspect that your company believe anything 
 wrong about you, distresses a modest man. Of the company was 
 Mr. Fitzsimmons. He took me by the hand, and said, to-morrow at 
 nine I wish to meet with you and the Speaker. 
 
 May 23. It was near ten when I was called down, on the coming 
 of Fitzsimmons. He had been some time with the Speaker. We 
 had considerable loose talk on the subject of the removal of Con- 
 gress. But Fitzsimmons, after some time, declared that was not the 
 business on which he came. It was to settle something as to the 
 government of Pennsylvania. Who should be run for the chair of 
 it at the next election. He spoke of the dignity of the Speaker's 
 present place, and the certainty of his continuance in it. It was 
 evident that he wished the Speaker to decline. The Speaker said, 
 very well ; I will give you an answer to-morrow morning. 
 
 May 24. I dressed, and went early to work. Called on R. H. 
 Lee, of Virginia ; on Walker ; and Doctor Elmer. After Senate 
 met, I reported the amendments on the Baron Steuben bill. It was 
 the opinion of the committee that he should have an annuity of 
 $1,000. It lay, however, over for to-morrow. Some business came 
 up from the Representatives. 
 
 And, now, Mr. Morris rose, and made the long expected motion in 
 the following words : Resolved, That Congress shall meet, and hold 
 their next session, in the city of Philadelphia. 
 
 Langdon seconded the motion. A dead pause ensued. 
 
 Our President asked if we were ready for the question. General 
 Schuyler got up, and hoped not, as it was a matter of great import- 
 ance to move the seat of Government. He moved a postponement. 
 
 Mr. Morris said : If the gentleman will name to-morrow, he had 
 no objection ; and to-morrow was accordingly named for it. The 
 House soon after adjourned, and now Izard, Butler, Doctor John- 
 son, Schuyler, and King flew about. The people they mostly at- 
 tacked were Governor Johnston, Hawkins, and Gunn. I soon left 
 them, and came home. 
 
 But this was mess day, and I went at half past three, and found 
 the company already seated, and the dinner almost eat up. I could 
 not stay long, as we had an appointment with Jefferson, the Secre- 
 
SKETCHES OF DEBATES 
 
 tary of State, at six o'clock. When I came to the Hall, Jefferson 
 and the rest of the committee were there. 
 
 Jefferson is a slender man. Has rather the air of stiffness in his 
 manner. His clothes seem too small for him. He sits in a loung- 
 ing manner on one hip commonly, and with one of his shoulders 
 elevated much above the other. His face has a sunny aspect. His 
 whole figure has a loose shackling air. He had a rambling vacant 
 look, a"nd nothing of that firm collected deportment which I ex- 
 pected would dignify the presence of a secretary or minister. I 
 looked for gravity, but a laxity of manner seemed shed about him. 
 He spoke almost without ceasing. But even his discourse partook 
 of his personal demeanor. It was loose and rambling, and yet he 
 scattered information wherever he went, and some even brilliant 
 sentiments sparkled from him. The information which he gave us 
 respecting foreign ministers, &c., was all high spiced. He has been 
 long enough abroad to catch the tone of European folly. He gave 
 us a sentiment which seemed to savor rather of quaintness : " It is 
 better to take the highest of the lowest than the lowest of the high- 
 est." Translation : It is better to appoint a charge d'affaires, with 
 a handsome salary, than a minister plenipotentiary, with a small 
 one. He took his leave, and the committee agreed to strike out 
 the specific sum to be given to any foreign appointment, leaving it 
 to the President to account, and appropriated $30,000 generally for 
 the purpose. 
 
 25th May. This day again I was engaged in the main business. 
 Called on sundry of the members. The Yorkers are now busy in 
 the scheme of bargaining with the Yirginians, offering the per- 
 manent seat on the Potomac for the temporary one in New York. 
 Butler is the chief agent in the business. Walker, a weak man, 
 seemed taken off by it. Patterson, however, is not yet come. 
 
 Baron Steuben's business was taken up. The committee were 
 called on to give the reasons of their report. As I was chairman, 
 I had to take the lead. I knew there was blame ready to fall on us. 
 I, however, did not decline the business, but laid down the outlines 
 in as strong colors as I thought consistent with the truth flhat 
 those who came after me might not be bashful, and thus taking 
 scope enough for them to act in. I thought I took many of the 
 Senate with me some I know it was impossible. In fine, I thought 
 demonstration was on our side that the Baron could demand noth- 
 ing. Izard drew conclusions that were obviously wrong, indeed, to 
 his own party. Ev^en Butler disowned his reasons ; but he was for 
 doing the same thing without a reason. Ellsworth got up and spoke 
 exceeding well for more than an hour. He was severe in some of 
 
Ix THE FIKST SENATE OF THE UNITED STATES. 213 
 
 his strictures, but I was pleased to hear him. The debates lasted 
 until past three o'clock, and an adjournment took place without any 
 question. One object of the delay was to put off our question on 
 the residence. 
 
 The baron's bill, as it was called, was taken up. The cabals of 
 the Secretary were successful, and the baron's bill was triumphant. 
 
 But after this was done Mr. Morris called for his motion. If he 
 really intended to lose it, he could not possibly have taken a more 
 certain method. He (Mr. Morris) rose, laughing heartily every time 
 he got up. King laughed at him, and he laughed back at King, and 
 a number more joined in the laugh. This was truly ridiculous. 
 Few, Kin;, and Butler rose, and the amount of all they said was, 
 that a removal was inconvenient that Philadelphia was not central ; 
 if we once got into it we would be accommodated in such manner 
 that we never could leave it, &c. 
 
 I replied that a removal was not called for immediately by the 
 resolution that the next session of Congress was to meet in Phila- 
 delphia that although it was not central, it was more so than the 
 place where we now were. The universal consent of the Provinces 
 before we were States, and of the States since, was in favor of Phil- 
 adelphia. This was verified by every public assembly which had 
 been called, from the meeting of the first Congress down to the late 
 meeting of the Cincinnati. The arguments drawn from the con- 
 veniences of Philadelphia, and the insinuations that if we were once 
 there nobody would ever think of going away from it, I thought 
 were reasons which should induce us to embrace this place, which 
 would come so completely up to our wishes. I begged gentlemen, 
 however, to be easy on that subject. Philadelphia was a place they 
 never could get as a permanent residence. The government neither 
 would nor could part with it. It was nearly equal to one third of 
 the State in wealth and population. It was the only port belonging 
 to the State. It was excepted by the government in her offers to 
 the Congress. 
 
 In such a place, the deliberations of Congress on the subject of 
 the permanent residence, could be carried on to the greatest advan- 
 tage, &c., <fec. I was up a second time, but to no purpose. A post- 
 ponement was moved by Butler, and seconded by Gunn. For the 
 question of postponement, Strong, Dalton, Johnson, Ellsworth, 
 King, Schuyler, Patterson, Hawkins, Johnston, Butler, Izard, Few, 
 Gunn thirteen. Our side, Langdon, Wyngate, Elmer, Morris, 
 Maclay, Reed, Bassett, Carroll, Henry, Lee, Walker eleven. 
 
214 SKETCHES OF DEBATES 
 
 27. Mr. Morris went off yesterday, in company with King, and I 
 really thought there was too much levity in his conduct all through. 
 I really suspected that he did not treat the matter with sufficient 
 seriousness. This day he showed a violent disposition of anger ; 
 he would go anywhere ; but insisted on withdrawing the motion. I 
 could not readily agree with him as to the propriety of withdrawing 
 
 the motion . . Butler rose, and said he gave 
 
 notice that he would bring in a bill on Monday next, to establish the 
 permanent residence. Mr. Morris jumped up in haste, and moved 
 for leave to withdraw his motion. Langdon agreed. There was 
 some demur, but the question was carried. 
 
 Now the baron's bill, as we have called it, was taken up. If the 
 fate of the Union had depended on it, it could not have been more 
 pertinaceously adhered to. Ellsworth persevered, and cut King in 
 argument more severely than ever I heard any member of the Sen- 
 ate heretofore. King felt it, and I confess I enjoyed it. Butler, by 
 one of those eccentric motions for which he is remarkable, flew his 
 party, and voted on our side. . . ....... What a con- 
 
 sternation ! I observed him rising, and said aloud it is carried. As 
 the arguments were nearly the same on every question, it is in vain 
 to repeat them. 
 
 I voted uniformly against allowing him one farthing, as I was 
 convinced nothing was due to him. 
 
 I cannot help noting Mr. Adams' speech. In extolling the baron, 
 he told us that he (the baron) had imparted to us the arts and prin- 
 ciples of war, learned by him in the only school in the world, where 
 they were taught by the great King of Prussia, who had copied 
 them from the ancient Greek and Roman lessons ; and in fine, to 
 these arts and principles we owed our independence. Childish man 
 to tell us this, when many of our sharpest conflicts and most bloody 
 engagements had terminated fortunately, before ever we heard of 
 the baron. 
 
 May 28. This day we had expectations that the House of Repre- 
 sentatives would have brought on the vote for adjournment to Phil- 
 
 NOTE. The Baron Steuben arrived in this country in December, 1777. 
 The battle of Trenton was fought in December, 1776, and that at Princeton in 
 January following. The baron joined the army at Valley Forge, in February, 
 1778. He took part in the battle of Monmouth, in 1778, and also took part in 
 the siege of Yorktown. Congress granted him an annuity of $2,500 for life ; 
 and the State of New York granted him sixteen thousand acres of land near 
 to Utica, portions of which he gave to his aids, and the balance he leased. 
 Appleton's Cyclopedia Steuben. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 215 
 
 adelf>hia, but the day passed without anything being done. No de- 
 bate of any consequence in Senate. I feel exceedingly indisposed. 
 
 Last night Fitzsimmons and Clymer called on me. They agreed 
 to call on Goodhue, Gilman, Huntingdon, and some other of the 
 New England men, and tell them calmly that the Pennsylvanians 
 would not stay in New York. That if they, of New England, would 
 persist in voting for New York, the Pennsylvanians would agree to 
 any other place whatever, and from here they would go. Fitzsim- 
 mons and Clymer were appointed for this service. I readily agreed 
 to join Mr. Morris in a similar service, with respect to the Senate. 
 
 Monday, May 31, 1T90. Went early out to call on sundry mem- 
 bers, and try to prepare them for the grand question. Came to the 
 Hall at the usual time. The bill for intercourse with foreign na- 
 tions came up from the Representatives, with an insistance. Both 
 Houses having insisted, it remained for us to recede or call for a 
 conference. It ended in a conference. A considerable debate, how- 
 ever, or rather delivery of sentiments, took place. Ellsworth, in a 
 slow, languid manner, said it was easy to see that the Representa- 
 tives had in view some old regulations, by their insisting on the 
 $9,000. That formerly the business had been done by some gentle- 
 men for about $6,000 per annum. 
 
 Mr. Adams jumped up ; said that could not be ; that he had kept 
 the accounts with his own hand at Paris, and they amounted to 
 about three thousand guineas yearly. He had now a vast deal to 
 say. When he had done, Ellsworth took a small paper out of his 
 pocket ; said he was very willing to show the documents from 
 which he had spoken. Here was an abstract of the accounts of the 
 honorable President while he was in Paris, and all the particulars 
 for twenty months, amounting to $9,800, which was not more than 
 at the rate of $6,000 per annum. 
 
 Now Butler rose, and had a good deal to say on the merits of 
 the permanent residence, and concluded with asking leave to bring 
 in a bill for a permanent and temporary residence. 
 
 Lee made a long speech. I felt so much interested that I could 
 not help rising. I observed that fixing the permanent residence to 
 a future period would work 110 relief of present inconveniences ; 
 that the complaints were felt and well-founded as to the place in 
 which we now were ; that the gentleman had given notice, some 
 <l:iys ago, that he would offer a bill for the permanent residence. 
 He now added the temporary residence, &c., &c. The end of the 
 matter was, that he delivered in his bill. (Mr. Morris was absent 
 at tins time.) 
 
 June 1. I called early this morning on Fitzsimmons and Clymer. 
 
216 SKETCHES OF DEBATES 
 
 I told them- that, all things considered, I thought it best in me to 
 endeavor to postpone Butler's bill. They both approved of it. 
 
 I went to the Hall to observe the members as they came in. 
 Langdon was there. He certainly manifested something which I 
 thought singular in his manner. If I had not such strong proofs 
 of him heretofore, I would have suspected him. He desired me to 
 assure the two members of Massachusetts that there was no bar- 
 gain with Virginians. I told him I would do anything he requested, 
 and I did so. 
 
 The Senate met. The President was hasty enough to take up 
 Butler's bill. Butler absolutely spoke ,against taking it up at all 
 as he said he was a fraid of a difference arising between the two 
 Houses. 
 
 The word agreed, agreed, was heard from different parts of the 
 House. I really felt happy. 
 
 A message was read from the President, and some other trifling 
 business done. There was some small talk and communications 
 which I did not mind. But all at once the President began to read 
 the bill. I wished much for somebody else to begin an opposition, 
 and was determined to throw myself along with them, let them 
 mould the attack as they would. Mr. Reed spoke against proceed- 
 ing on the bill, but made no motion. Butler got up, and moved 
 that the bill should be committed. Gunn seconded. Mr. Carroll 
 said there could be no use in committing it. 
 
 I said the honorable gentleman had set out with declaring that 
 he wished to avoid any difference with the other House. None of 
 us could affect ignorance of what had passed in the House of Rep- 
 resentatives yesterday. A vote had passed for the meeting of the 
 next session at Philadelphia. That we might every moment expect 
 our door to be opened for the receipt of such a communication. 
 For us, therefore, to adopt a different mode of treating the same 
 subject would have the^ appearance of courting a difference, &c., 
 &c. 
 
 Butler got up in reply, and said every insulting thing in his power. 
 I had concluded that I thought it best that the bill should lie on 
 the table until the resolution came up, and that they should be con- 
 sidered at the same time. This took place, after a good deal of talk. 
 It was remarkable that the resolution came up just as Butler began 
 to rail at me. The Senate adjourned early, and soon after in came 
 Mr. Morris covered with sweat and dust. 
 
 June 2. I went early this morning to meet our delegation, and 
 to inculcate this doctrine on our representatives : That in all cases 
 
IN Tin: FII;>T SEN ATM OF THE UNITED STATES. 217 
 
 we should be prepared for the worst, and that we should now think 
 of the next step to be taken in case of the worst happening in our 
 House. That a conduct of this kind would keep the matter alive 
 keep (the) party collected and in spirits. They admitted the prin- 
 ciple, but seemed at a loss for the means. I hinted the propriety 
 of bringing forward a resolution naming the day of adjournment 
 and the time of meeting. Fitzsimmons and Morris (all that were 
 present) seemed to carp at it. However, I told them I only urge 
 you to think of and provide your next step. A hint was dropped 
 that I had better be at the Hall. I readily agreed, and went there. 
 I could see, as the members came in, that we had nothing to expect 
 from North Carolina, South Carolina, Georgia, nor Massachusetts. 
 
 The Senate met, and waited and waited for Mr. Morris. I never 
 wished for him more in my life. I saw now that Butler's bill would 
 be committed, and I wished to arrange something of a ticket for 
 the committee. Several of the Senate asked why I did not send for 
 him. I went out, and desired the doorkeeper to go for him. Mather 
 answered : I have sent for him long ago. It was past twelve before 
 he came, and now we went at the business. 
 
 I could remark something of a partiality in Adams at the setting 
 out. The first question for commitment of Mr. Butler's bill. It was 
 moved to postpone this, and take up the resolution for holding the 
 next session in Philadelphia. Senate divided, twelve and twelve. 
 J. Adams gave it against postponement. Now on the commit- 
 ment, twelve and twelve. J. Adams gave it for it. This division 
 was by States, on both these questions, or at least they divided so. 
 We had New Hampshire, Jersey, Pennsylvania, Delaware, Mary- 
 land, Virginia. The others against us. Now it was that I regretted 
 Mr. Morris' absence. Had he been here in time I could have set- 
 tled with him who should have been the committee. Now we could 
 communicate only with our friends on one side of the House. The 
 committee rather unfavorable Butler, Dalton, Lee, Johnston, 
 Henry. 
 
 Now it was moved to refer the resolution (from the House) to 
 the same committee. The Senate divided equally, but Dalton was 
 against it and Patterson for it. As they sat next each other, I be- 
 lieve this was settled between them, and shows that Patterson is 
 not to be depended on. 
 
 June 3. Attended at the usual time at the Hall. I determined 
 to behave, in personal deportment, as nearly as I possibly could to 
 my former habits, and I believe I effected it. Of this, however, I 
 could not judge as well as perhaps others. Mr. Morris came the 
 last of any of the members this day, but nothing remarkably so 
 
218 SKETCHES OF DEBATES 
 
 much earlier than }^esterday. I got into chat with him, and, after 
 some time, remarked how unfortunate we had been yesterday in 
 not pre-arranging a ticket for the committee. I said his absence 
 had been unlucky, but could not now be helped. He said his ac- 
 counts had engaged him so closely he could not come. I thought 
 this stranger than ever, that he should stay away on no other ex- 
 cuse than his daily business. Wyngate, Elmer, almost the whole 
 Senate, have taken notice of it. How can I avoid observing it, for 
 I have smarted under it. 
 
 No business of consequence took place this da}^. The nomina- 
 tions for the officers of the army had come in yesterday and were 
 taken up this day. 
 
 I had made some objections a few days ago to giving my advice 
 and consent to the appointment of men of whom I knew nothing. 
 Izard now got on the same subject, and bounced a good deal. How- 
 ever, the thing was got over by the members rising and giving an 
 account of the officers appointed from the different States, and all 
 were agreed to. 
 
 The funding bill, which has engaged the Representatives almost 
 the whole session, came up yesterday was taken up this day, and 
 Monday assigned for it. 
 
 June 4. This is a day of small consequences in the Senate. . . 
 We called on the committee to report. Butler excused himself, and 
 the burden of the excuse was that Governor Johnson, one of the 
 committee, had fallen sick. Mr. Morris moved, and was seconded 
 by Lee, to add another member in his room. This occasioned con- 
 siderable debate. Reed, however, declared against us, and we lost 
 the question. Izard manifested the most illiberal spirit asserted, 
 in opposition to Lee, things that even his own party were ashamed 
 of. I left the Senate chamber this day, completely sickened at the 
 uncandid and ungentlemanly conduct of the South Carolina men. 
 Few, of Georgia, said some improper things ; but I this day was al- 
 most altogether an hearer. There really was no serious debate. It 
 was nothing but snip-snap and contradiction. 
 
 June 5. Called on sundry people. Went and sat a long time 
 with Mr. Morris and repeated to him all the arguments I had made 
 use of on Monday and Tuesday last, when Jie was absent. One in 
 particular he seemed pleased with, drawn from the difference of 
 mileage, which would arise to the treasury of about $1,100 in favor 
 of a residence in Philadelphia. I desired him to get from the treas- 
 ury an account of the expense of removing Congress from Prince- 
 ton to New York. He said he would do it. There seemed really 
 to be more of cordiality in this tete-a-tete which I had with him than 
 any ever I had. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 219 
 
 I then called on Mr. Wynkoop. I chatted a good while with him, 
 and had again occasion to observe the blind obedience which he 
 PMVS to the opinions of his Philadelphia colleagues. 
 
 June 6. . . . I received yesterday a letter from Geo. Logan. He is 
 greatly displeased about the grant to Baron Steuben. This is really 
 a worthy man. I think he holds the first place in point of integrity. 
 He has invited me strongly to call and see him. I believe I must 
 do so. 
 
 This old man, the Baron, it seems, talks in the most insulting 
 manner of the grant which has been made to him, and tells that he 
 must and will have more when a new Congress meets, &c. Being 
 at the head of the Cincinnati, makes him assume those arrogant airs 
 
 The funding bill, the basis on which speculation has built all her 
 castles, is now to come before us ; and woe to him who says a word 
 in favor of the country. Load the ass make the beast of burden 
 bear to the utmost of his abilities. I am really convinced that many 
 a man has gone into the martial field and acquitted himself with 
 gallantry and honor, with less courage and firmness than is neces- 
 sary to attack this disposition in our Senate. 
 
 Monday, 7th June. The funding law underwent some debate this 
 day. We adopted, by a kind of common consent, a mode some- 
 what different from former practice respecting it. Supposing our- 
 selves in Committee of the Whole, a paragraph is read, and the mem- 
 bers generally express their sentiments on it. After every one has 
 given his sentiments, it is passed by postponement, with a design 
 to commit it to a special committee. We proceeded about half way 
 with the bill in this way. 
 
 The committee on the bill for the permanent residence, and the 
 resolution sent up from the Representatives, were called on to re- 
 port, and Butler, their chairman, did so. He read the report, which 
 was a sleeveless thing, for the Potomac to be the permanent resi- 
 dence; but alleged the ground was too narrow to fix the temporary 
 residence. Many desultory things were said, and all went off until 
 to-morrow. 
 
 This was Pennsylvania mess day. . . . We agreed to send for all 
 the Senators who were friends of moving to Philadelphia. Eleven 
 attended Virginia, Maryland, Delaware, Pennsylvania ; Dr. Elmer, 
 from New Jersey, and New Hampshire. Much desultory discourse 
 was held. Virginia and Maryland manifested a predilection for the 
 Potomac; but the final resolutions, in which Virginia led the way, 
 were as follows : That as the business of a permanent residence was 
 brought forward by our enemies evidently with a design of dividing 
 us, we would uniformly vote against every plan named for the per- 
 manent residence. 
 
220 SKETCHES AND DEBATES. 
 
 The Virginians and Mary landers declared they would vote against 
 the Potomac. Mr. Morris declared he would vote against G-er- 
 mantown, and the Falls of Delaware. The Susquehanna was not 
 publicly named, but of course implied ; for Mr. Morris, in enumer- 
 ating the places to be voted against, named Potomac, Germantown, 
 Falls of Trenton. The line of proceeding for to-morrow was agreed 
 to. Mr. Lee to move, and Langdon to second, the postponement of 
 the permanent seat, in order to take up the resolution for the next 
 session being held in Philadelphia. If all was lost, let it go down 
 to the House of Representatives, for them to originate new meas- 
 ures on it. 
 
 Tuesday, June 8. How shall I describe this day of confusion in 
 the Senate. 
 
 Mr. Lee laid on the table a report of some additional rules, rela- 
 tive to the intercourse between the two Houses. After this, he 
 moved that the bill for the permanent residence of Congress shall 
 be postponed, to take up the resolution of the representatives for 
 adjoining to Philadelphia. 
 
 Now it was that Izard flamed, and Butler bounced, and both 
 seemed to rage with madness. Mr. Lee's motion was in writing, 
 and they moved a postponement of it. The division was eleven 
 and eleven, and the President gave it against postponement. Now 
 all was hurry and confusion. Izard and Butler actually went and 
 brought Governor Johnson, with his night-cap on, out of bed, and 
 a bed with him. The bed was deposited in the committee-room. 
 Johnson was brought in a sedan. Few was well enough to come 
 without being carried, and we waited half an hour. The vote was 
 taken. We had our eleven, and they had thirteen against the reso- 
 lution. I thought all was over now ; but no such thing, they must 
 carry their conquest further. 
 
 In the meanwhile, a mob and noise was about the Hall as if it 
 had been a fish market. The postponed bill, and the report of the 
 committee on it, was called for. The report was read. The first 
 clause of the report was a resolution that the permanent residence 
 should be now fixed. The question was taken on it, and it was neg- 
 atived. This threw them all in the dumps. The report was, how- 
 ever, lost. 
 
 But now they would have the bill. They accordingly had it, for 
 they had the most votes ; and, although the Senate had decided by 
 a most unequivocal vote that the permanent residence should not 
 be taken into consideration, yet they moved to fill the blank with 
 the Potomac. This was lost fifteen and nine. 
 
 Much desultory discourse was now engaged in, and many motions 
 
Tx Tin-: FIRST SENATE OF THE UNITED STATES. 221 
 
 were made of postponement of the bill. Some of them actually- 
 carried, and yet they still made new motions for the blank to be 
 filled. Baltimore was named. This was lost seventeen to seven. 
 Wilmington was named. It had only three or four. A motion was 
 made to adjourn. The first was lost. A motion was even made to 
 pass the first clause of the bill with a blank, notwithstanding the 
 absurdit}^ of it, even in the face of a vote that this was an improper 
 time to fix the permanent residence. All, in fact, was confusion and 
 irregularity. A second vote of adjournment was called for, and 
 carried. So ended the uproar of the day. John Adams has neither 
 judgment, firmness of mind, nor respectability of deportment, to 
 fill the chair of such an assembly. Gunn had scolded out a good 
 deal of stuff were (we) forever to be plagued with a removal, &c. 
 This I thought deserved some answer. 
 
 I went over all the disadvantages of New York contrasted with 
 Philadelphia, and concluded that such inconveniences would always 
 produce such complaints and uneasiness, and could not be removed 
 but by taking away the cause. I was listened to, but made no con- 
 verts. I was a good while up, as I went largely into the business, 
 but I took the same ground which I had before traveled over, the 
 notes of which I sent to Doctor Rush. 
 
 Just before I rose, I asked Mr. Morris for the estimate of remov- 
 ing Congress from Trenton, which he had promised to procure. 
 Had nothing of it. I really communicated this matter to him to 
 enable him to make some figure in the debate, and, if possible, to 
 bind him to me by this kind of confidential communication. But 
 I have another proof that all advances on my part are in vain. I 
 walked this evening with Mr. Wynkoop. Fell in company with sev- 
 eral of the representatives. Exhorted them all, as much as I pos- 
 sibly could, to unanimity and firmness, and did not fail to recom- 
 mend to steady perseverance under the assurance that we would be 
 successful. 
 
 June 9. Attended the Hall at the usual time. The Rhode Isl- 
 and bill had a third reading. 
 
 And now the funding bill was taken up. We had passed the 
 clause funding the old continental money, and left a blank, on Mon- 
 day. I then called it the resurrection of a dead demand against 
 the public. Mr. Morris seemed in sentiment with me. King spoke 
 against the clause altogether. But now the Secretary's report was 
 the text-book, and it must be funded at forty for one. I called the 
 attention of the Senate to the characters who now had this money. 
 Many meritorious persons received it as gold and silver, and still 
 kept it as the monuments of the sacrifices which they made in the 
 
222 SKETCHES OF DEBATES 
 
 cause of America. Would seventy-five for one forty for one, or 
 a hundred for one indemnify such characters ? Would it not be 
 a mockery of their demands ? A time might come a manner might 
 be thought of for their relief, but this was not, perhaps, the time, 
 nor was it the manner. 
 
 The other class of individuals who were possessed of it, had col- 
 lected it from holes and corners after it had ceased to be an object 
 of speculation, when it was really worth nothing ; and who neither 
 gave value for it, nor had any merit in the act of collection. For 
 these humble speculators, infinitely too much was done. They had 
 no claims in justice. The whole of the Continental money was sunk 
 b} r depreciation, a most unequal mode of taxation truly, but an 
 effectual one. He that touched it, was taxed by it. This was creat- 
 ing a claim. A defunct demand was conjured up against the Union, 
 as if they feared the mass of debt would be too small, though I 
 feared they would find it much larger than we could discharge, &c., 
 &c. The clause was passed, and we went to the fourth. 
 
 Mr. Morris moved, in a moment, to strike out the two first alter- 
 natives, and blazed away for six per cent, on the nominal amount 
 of all public securities. Ellsworth answered, want of ability. Mr 
 Morris made nothing of the whole of it. The broadside of America 
 was able enough for it all. We had property enough, and he was 
 for a land tax ; and if a land tax were laid, there would be money 
 enough. He said many weak things, and was handled closely for 
 them by Ellsworth. The debates, loose, indeed, and desultory, con- 
 tinued until three o'clock. Adjourned. 
 
 June 10. Attended at nine o'clock at the Hall, on the bill for 
 making compensation to one John McCord. It was a painful busi- 
 ness. His claims do not seem overly well founded in point of law, 
 or any act of Congress. He is seventy-nine years old, and appears 
 to have suffered deeply in the American cause. We spent a consid- 
 erable time on his business. 
 
 The funding bill was under consideration. It was passed over 
 without much debate, in our cursory way. 
 
 But now rose Ellsworth, and in a long, elaborate discourse, rec- 
 ommended the assumption of the State debts. He concluded that 
 he would read his motion, which he said had the approbation of the 
 Secretary of the Treasury. It was verbatim one of Gerry's papers, 
 which had been moved, and laid on the Speaker's table in the House 
 of Representatives about a week ago. 
 
 We had speakers enough now. Dr. Johnson was somewhat sin- 
 gular in his operations. He denied there was any such thing as a 
 State debt they were all equally the debts of the United States. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 223 
 
 The day was mostly spent in this business. 
 
 I rose, and took the field which I had several times labored in 
 with my pen. The old acts of Congress settle and assume the 
 balances, &c. A short publication which I wrote, and which, by 
 one means or other, got into almost all the newspapers, was the 
 basis of it. 
 
 The Boston men and King talked much of their fears of the con- 
 sequence, &c. I objected Hancock's speech to one, and the divided 
 votes of their Representatives to the other. 
 
 One of the Massachusetts men now produced instructions from 
 their government, authorizing their voting for the measure. 
 
 I alleged that if one State instructed, all should instruct, and 
 perhaps this should be considered as a good reason of postpone- 
 ment until all had instructed on the subject, &c. The consideration 
 was postponed until to-morrow. 
 
 June 11. Attended the Hall on Mr. Me Cord's bill, early. Mr. 
 Morris joined us. Went in and attended the funding bill the clause 
 for the assumption of the State debts. 
 
 Mr. Gerry's amendment was negatived. Nine only rose for it. 
 The bill was now committed. The only debate of any consequence 
 was between Ellsworth and myself. He set forth, in a curious ar- 
 gument, that the debts contracted near the seat of Congress were 
 made Federal ; that those at a distance were made State debts, sup- 
 posing that the authority of Congress was less efficaceous. 
 
 There really was not a shadow of truth in this. He only adapted 
 his argument to an accidental fact, South Carolina and Massachu- 
 setts having the largest State debts. 
 
 I rose, and showed that there really was nothing at all in this 
 matter. That the origin of some of the State debts was their adopt- 
 ing the debts due to individuals, which they did by way of paying 
 their requisitions, and got credit for them accordingly. This was 
 the origin of the large State debt of one of them at. least. 
 
 King was obliging enough to get up and tell the House I meant 
 South Carolina, &c. 
 
 This brought up Butler and Izard with some degree of warmth. 
 
 It was a good while before I could get saying anything. I, how- 
 ever, avowed and supported all I had said that the fact was indu- 
 bitably so that no censure was implied in anything I had said 
 that South Carolina had assumed debts due to her citizens to the 
 amount of $186,799, and had credit in full of her quota of the 
 requisitions of 10th September, 1782. On that account Pennsylva- 
 nia had paid at the same time $346,632, and Massachusetts a large 
 sum of the said requisition. That Pennsylvania might have brought 
 
224 SKETCHES OF DEBATES 
 
 forward her State debt, and had credit for it in the requisitions, but 
 she did not do so, but remained burdened with both her State debt 
 and requisitions, and had done much towards payment of both, while 
 South Carolina had paid nothing to either. The committee were 
 Mr. Lee, Ellsworth, Maclay, King, and Patterson. Some little coun- 
 cil business was done, and we adjourned. 
 
 Just as we adjourned, Butler wished Carroll joy of a vote being 
 carried in the Representative Chamber for the temporary residence 
 to be in Baltimore. 
 
 There was some kind of entertainment, to which I heard Fitz- 
 simmons, a few days ago, inviting the Speaker. I thought he took 
 him to the door to do it. The Speaker asked me to go with him. 
 I declined it, as well I might. After the Speaker came home, I 
 asked him what he had heard Mr. Morris say of the Baltimore vote. 
 He had not made up his mind. I can find he is now scheming, and 
 will not vote for Baltimore. 
 
 I have had a spell of fishing, of which I was the subject, to know 
 whether I would not oppose the Baltimore vote. I saw, clearly, 
 the person was set on to do it, and will report to his employers, L. 
 L. I, in all probability, am come to the point that will be seized, 
 to turn the whole city of Philadelphia against me, but I trust no 
 taint of dishonor will ever stain my conduct. As to consequences, 
 I care not. 
 
 June 12. A day of storm and rain. I attended at the Hall at 
 eleven, on the funding bill. The alternatives, as they were called, 
 were the chief subjects of discussion until near three o'clock 
 Candor sit by me, while I describe the committee : 
 
 R. H. Lee, the man who gave independence (in one sense) to 
 America. A man of a clear head and great experience in public 
 business ; certainly ambitious, and vain-glorious, but his passions 
 seek gratification in serving the public. 
 
 Ellsworth, a man of great faculties, and eloquent in debate, but 
 he has taken too much on himself; he wishes to reconcile the Sec- 
 retary's system to the public opinion and welfare ; but it is too 
 much he cannot retain the confidence of the people, and remain in 
 the good graces of the Secretary. He may lose both. 
 
 Patterson, more taciturn and lurking in his manner, and yet when 
 he speaks, commits himself hastily. A summum jus man. Both 
 lawyers, and both equally retained by the Secretary. 
 
 And now, Billy, what say you of yourself. Not over-burdened 
 either with knowledge or experience, but disposed to make the best 
 of your tools. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 225 
 
 I objected, in general, to the bill ; disliked funding at all ; was 
 willing to pay as an interim three per cent., and place it on the 
 footing of disability to do more. I objected to funding the inter- 
 est ; proposed to establish a land office, to sink the interest now 
 due, and that indents should be given to all persons entitled to 
 them, receivable in that office ; declared that even prodigals abhorred 
 compound interest ; that the bill went on this principle, though not 
 in an annual ratio. It was, however, in vain, although I could per- 
 ceive that I made an impression. 
 
 There were three alternatives in the Secretary's report. The 
 last was by much the most favorable to the public. This, however, 
 really meant only to try the disposition of Congress, and Fitzsim- 
 mons, when he took in his resolutions, contrived to have this re- 
 jected, and one substituted vastly more favorable to the subscri- 
 bers. 
 
 I found I could not effect anything on my own plan. I there- 
 fore watched, and promoted every favorable sentence that fell from 
 Lee and Ellsworth. The result of all was, that we struck out all 
 the alternatives, and voted a general fund of four per cent. 
 
 In the evening came Wynkoop, hey-day, all wrong to go to 
 Baltimore, &c., &c., full charged with the permanent seat, &c., &c. 
 I know he had not this of himself. I, however, delivered myself 
 with firmness on the subject ; recapitulated the conduct of the York- 
 ers, &c. ; showed him (as I thought) that to concur with the Balti- 
 more vote was politically right. He found he could make no im- 
 pression. It was nearly dark as he went away. I followed to the 
 door. He took the way of Queen street, and the Speaker, who was 
 with me, said he is going to Fitzsimmons. 
 
 Monday, 14. I left home early and called on the assistant of the 
 Treasury, on McOord's affair. He would not let me tell my busi- 
 ness, so keen was he on the subject of proposing a bargain to me. 
 Pennsylvania to have the permanent residence on the Susquehanna, 
 and her delegation to vote for the assumption. 
 
 I constrained my indignation at this proposal with much diffi- 
 culty within the bounds of decency, and the more so as I knew that 
 however it might be with him, Hamilton, the principal in this busi- 
 ness, was not sincere. I gave him such looks and answers as put 
 an end to this business. I then got my errand settled. Went to 
 Mr. Jefferson's office, on Mr. Bailey's affair. Arranged his affair, 
 and went down Broad street. Here I met Mr. Lee. Spoke a few 
 words with him, and passed on to the lodgings of Mr. Carroll. My 
 only business with him was to forewarn him that an objection would 
 15 
 
226 SKETCHES OF DEBATES 
 
 be made to Baltimore that there were no public buildings, and that 
 he should be prepared on this subject. 
 
 From here I went to Mr. Morris' lodgings. I found him some- 
 what engaged, but the moment he disposed of a small matter of 
 business he dismissed his clerk told me he was just going to look 
 for me, and was fortunate in my coming in. Said he had much to 
 say, but some part of it must be on the most entire confidence. 
 That on Friday, Jackson, of the President's family, in whom he 
 said he could not have confidence, had been at Clymer and Fitz- 
 simmons' lodgings ; that Coxe, of the Treasury, had been there ; 
 that their business was to negotiate a bargain the permanent resi- 
 dence in Pennsylvania for her votes for the assumption, or, at least, 
 as many votes as would do the needful. The burden of their busi- 
 ness seemed to be to open the conference with Mr. Hamilton on 
 this subject. Mr. Morris continued : I did not choose to trust 
 them, but wrote a note to Colonel Hamilton, that I would be walk- 
 ing early in the morning on the battery, and if Colonel Hamilton 
 had anything to propose to him he might meet him there as if by 
 accident. I went in the morning there, and found him on the sod 
 before me. Mr. Hamilton said he wanted one vote in the Senate 
 and five votes in the House of Representatives. That he was will- 
 ing and would agree to place the permanent residence of. Congress 
 at Germantown or Falls of Delaware, if he would procure him these 
 votes. 
 
 Mr. Morris owned that he complied on his part so far as that he 
 agreed to consult some of the Pennsylvania delegation, (I abruptly 
 said, you need not consult me,) bat proposed that the temporary 
 residence of Congress in Philadelphia should be the price. They 
 parted upon this, but were to communicate on the subject again. 
 
 Mr. Morris and Fitzsimmons made a party out of town, and took 
 Mr. Reed with them, yesterday, as the man whose vote they would 
 engage. (Let me here recollect the application made to me on Sat- 
 urday night by Mr. Wynkoop. I now know that he was trying me 
 on that subject, and the Speaker was not much out when he said 
 Wynkoop was gone to Fitzsimmons. He should have added, and 
 Morris'.) 
 
 Mr. Reed's answer was what Mr. Morris called polite : Gentlemen, 
 I am disposed to facilitate your wishes. 
 
 But now, this morning, says Mr. Morris, I have received a note 
 from Colonel Hamilton that he cannot think of negotiating about 
 the temporary residence. That his friends will not hear of it. Mr. 
 Morris added : I know he has been able to manage the destination 
 of the Baltimore vote without me, but 1 cannot yet tell how. I 
 
IN THE FIRST SENATE OF THE UNITED STATES. 227 
 
 sent for Mr. Reed. He says they have accounts that the Senators 
 from Rhode Island are appointed, and expected every moment. 
 But Mr. Morris added : I think he has some other assurances. I 
 now parted with Mr. Morris, and joined the committee on the fund- 
 ing bill. 
 
 The Senate were formed some time before we joined them, and, 
 after some of the routine business of the day was done, and the 
 Baltimore resolution handed in, it was called for. Schuyler moved 
 it should be postponed a fortnight. Governor Johnson, of North 
 Carolina, seconded him. 
 
 Ellsworth got up. Said this matter mixed itself with all our 
 affairs. There was a secret understanding a bargaining that run 
 through all our proceedings, and, therefore, it ought to be post- 
 poned. 
 
 I retorted his secret understanding, bargaining, &c., on himself. 
 As he knew there were such things, he knew where they arose, and, 
 if they mixed with and polluted our proceedings, it was time to put 
 an end to them, which could only be done by deciding the matter, 
 &c. The question was put, and it was the old eleven and thirteen. 
 
 This was mess day. I did not join the company until about five 
 o'clock, and stayed until after eight. But, oh. such noise and non- 
 sense. Fitzsimmons railed out at one time against Pennsylvania 
 interferences about the assumption of the State debts. Had it not 
 been for these, the funding system would have been completed months 
 ago. He had received letters that stones would be thrown at him 
 in the streets of Philadelphia if he were there, &c. 
 
 June 15. We finished our observations on the funding bill, and 
 reported. The whole day was spent in debate on it. I have so often 
 expressed my sentiments respecting the subject of this bill, that I 
 need not set any of them down here. I was not often up. I took, 
 at one time, some pains to explain the nature of and indents, 
 
 but no question was taken on any point. All was postponed. 
 
 Doctor Elmer told me, as I left the hall, that he had something 
 to impart to me. Mr. Morris, however, called me aside, and told 
 mo that he had a communication from Mr. Jefferson of a disposition 
 of having the temporary residence fifteen years in Philadelphia, and 
 the permanent residence at Georgetown, on the Potomac, and that 
 he, Mr. Morris, had called a meeting of the delegation at six 
 o'clock, this evening, at our lodging, on the business. I was really 
 unwell, and had to lie down the most of the afternoon. The dele- 
 gation met at six. I was called out. However, when I came in, 
 what passed was repeated to me. Hamilton proposed to give the 
 permanent residence to Pennsylvania, at Germantown or the Falls 
 
228 SKETCHES OF DEBATES 
 
 of Delaware, on condition of their voting for the assumption. In 
 fact, it was the confidential story of yesterday all over again. Mr. 
 Morris also repeated Mr. Jefferson's story, but I certainly had mis- 
 understood Mr. Morris at the Hall, for Jefferson vouched for noth- 
 ing. 
 
 I have seen no prospect of fixing the permanent residence of Con- 
 gress in the proper place at the present session ; and whenever it is 
 gone into, will be involved in much difficulty. I have, therefore, 
 declared uniformly against everything of the kind ; but to continue 
 the temporary residence here under the promise of the permanent 
 residence being in any part of Pennsylvania, I considered as mad- 
 ness. It was giving them time to fortify and entrench themselves 
 with such systematic arrangements that we never should get away 
 while the law acted as a tie on us, and bound us hand and foot, but 
 gave them all the power and all the opportunity of fixing us perma- 
 nently in this place. I would rather be under no obligation, and 
 keep up an unremitted effort to get away, which I had no doubt 
 would be crowned with success. 
 
 I know not whether what I said was the reason of it, but these 
 sentiments seemed to be adopted. As to the bargain proposed by 
 Hamilton, I spoke of it with detestation. Mr. Morris now proposed 
 that a paper should be drawn up, with reasons of our conduct, that 
 they might not be able to brand us with any neglect of the interests 
 of Pennsylvania ; and a committee for this purpose was appointed 
 Mr. Morris, Mr. Fitzsimmons, Mr. Hartley. 
 
 June 16. I called early this morning at Col. Hartley's lodgings, 
 in order to give him a sketch of what I thought might be well enough 
 for us to sign. He was gone, but I fell in with him at the Hall, and 
 delivered it to him. 
 
 I sauntered about till Congress formed ; and now we got at the 
 funding bill. Here we had all the stuff over again of public credit, 
 &c. The great question was, whether the report of the committee 
 for four per cent, should be adopted. I soon committed myself in 
 such sort that I must expect all the public creditors to be my ene- 
 mies. The great ground that I took was, that I did not believe we 
 could impose any direct taxes on our constituents for a purpose 
 which they knew, as well as I did that the holders of certificates in 
 Pennsylvania had them funded when they were but 2/6 on the ; 
 that 100 : : purchased 800 ; that they had drawn interest on the 
 nominal amount for four years=192. Justice and law allowed 
 them but 124 ; hence they had 68 clear already, and the certificates 
 into the bargain, &c. 
 
 I was up a long time. Mr. Morris rose against the report. His 
 
IN THE FIRST SENATE OF THE UNITED STATES. 229 
 
 choler fairly choked him. He apologized to the House that his 
 agitation had deprived him of his recollection on the subject, and 
 he sat down. He rose again some little time before the Senate ad- 
 journed ; mentioned his late confusion, but declared it did not arise 
 from the personal interest he had in public securities ; that although 
 he was possessed of some, he was no speculator, &c., &c. 
 
 We spent until past three o'clock, but took no question ; and, in- 
 deed, it seemed almost agreed that we would not proceed without 
 the other bill. 
 
 June 17. The Senate met, and until near two o'clock we were en- 
 gaged on the subject of consuls and vice consuls. The grand question 
 was, whether foreigners were eligible to those offices. It was admitted 
 that they were, and a number accordingly appointed. When I came 
 home at dinner, the Speaker told me that a bill was proposed in the 
 House of Representatives for giving them salaries. Thus it is that 
 we are led on, little by little, to increase the civil list to increase 
 the mass of public debt, and, of course, the taxes of the public- 
 This, however, is all of a piece with former management from the 
 offices. 
 
 The funding bill was now called for. Butler repeated the same 
 things he had said yesterday. But now up rose Patterson, with a 
 load of notes before him. To follow him would be to write a pamph- 
 let, for he was up near an hour. 
 
 Near the beginning he put a question : What principle shall we 
 adopt to settle the business. If we follow justice, she says three 
 per cent.; or even two is as much as the holders of certificates can 
 demand. But what says law six per cent., and he was a summum 
 jus man to the end of the chapter. It was near three when he had 
 done. 
 
 I felt an impatience to attack him, and up I got. At first ex- 
 ploded a doctrine which he had stated, of Congress being a party 
 and the claimants another. I stated the people at large as being 
 the debtors, and the holders the creditors, and Congress the um- 
 pire the legislator between them. I then stated his two principles 
 of justice and law declared myself an adherent of the former. 
 Law was the rule for courts and magistrates, in the execution of 
 their offices. But justice was our guide, and had been the guide 
 of all just legislation, from the Jewish jubilee to the present day. 
 That even in law it was a maxim, that rigid law was rigid injustice 
 hence the necessity of courts of chancery, expressly for mitiga- 
 ting the severity of unjust contracts. I repeated his own words, of 
 three per cent. perhaps two per cent., being the voice of justice. 
 If then the point of justice stands at three per cent., or if at two 
 
230 SKETCHES OF DEBATES 
 
 per cent., all beyond that point is injustice, and injustice to whom? 
 To that very people whose interest it is our bounden duty to sup- 
 port and protect. I reprobated his positions even with acrimony, 
 as the Shy lock doctrine of my bond, my bond. 
 
 June 18. We went early to the Hall, as I was on two committees 
 this morning the one, the case of one Twining, the other, McCord's. 
 We spent a considerable space of time on Twining's affair, which 
 to me did not seem a just subject of legislation. I then joined the 
 committee on McCord's case. 
 
 This was truly one in which compassion mingled herself with jus- 
 tice. The Generals, Thomson, Irvine, and others had received effects 
 from him in Canada, in the year 17*76. They gave him a bill, which 
 was never paid. The Auditor and Comptroller settled the sum 
 due on this bill, $809 71. He had suffered greatly in Canada had 
 his house burned, took our Continental money to a considerable 
 amount as specie, which he produced to us to the amount of twelve 
 or thirteen hundred dollars ; advanced money and goods to many 
 people who now refuse to pay him, and many of them he cannot 
 find. All these things are indubitable. I had no difficulty in allow- 
 ing him the $809 71, in ready money, in lieu of a certificate, but 
 anything more I seemed to feel a difficulty in. Lands had been set 
 apart by the old Congress, to make compensation for Canadian suf- 
 ferers. We reported the bill, with the $809 71, and left a blank for 
 the value of his lands. The Senate filled the blank with five hundred 
 dollars. My heart would not let me rise against the motion. Though 
 it is a trifle to his sufferings, yet how many hundreds of our own 
 people suffer equal distress. 
 
 Up now came the funding bill. Butler railed at Ellsworth. Ells- 
 worth talked back. There really was no entertainment. No man 
 ever rambled, or talked more at random, than Butler. He is ever 
 quoting authors on trade, finance, &c. Ever repeating what he has 
 seen in Europe. This day he asserted that the circulating coin of 
 Great Britain was three hundred millions. Authors (if I remember 
 right) place it about sixteen. There really was nothing new. Some 
 were pressing for the question, but it was postponed generally. 
 
 This evening, Mr. Morris and Fitzsimmons called on us. Hamil- 
 ton has been with them again. Never had a man a greater propens- 
 ity for bargaining than Mr. Morris. Hamilton knows this, and is 
 laboring to make a tool of him. He affects to tell Mr. Morris that 
 the New England men will bargain to fix the permanent seat at the 
 Potomac or at Baltimore. Mr. Fitzsimmons counted all the mem- 
 bers who it was likely would vote for such a measure, and the con- 
 clusion was that no such measure could be carried by them. 
 
IN THE FIRST S I:\ATK OF TIIK UNITED STATES. 231 
 
 June 1 9. We then walked to view the demolitions of Fort George 
 the leaden coffins and remains of Lady and George Bellamont, 
 now exposed to the sun, after an interment of about ninety years. 
 They and many more had been deposited in vaults in a chapel which 
 once stood in the fort. The chapel was burned down about fifty 
 years ago, and never re-built. The leveling of the fort, and digging 
 away the foundations, have uncovered the vaults. 
 
 June 21. Attended at the Hall early on the bill for remitting cer- 
 tain penalties to one N. Twining. 
 
 The Senate met. I observed a strangeness of disposition in the 
 House the moment, or rather a few moments, after the minutes 
 were read. Patterson moved to adjourn. Schuyler seconded. This 
 was lost. It was now moved to take up the vote of the House 
 of Representatives for fixing the time of adjournment. This was 
 air reed to, and King, Bassett, and Walker appointed on our part 
 to confer. 
 
 Izard now rose, said there was something to put on the minutes, 
 and renewed the motion for adjournment. Seconded by Patterson. 
 This was lost. The funding bill was taken up. 
 
 We had a great deal of the old ground gone over again. King 
 received a note. Rose and moved that the funding bill should be 
 postponed, as the House of Representatives had negatived the bill 
 for the ways and means. He was seconded by Schuyler. We had 
 now a long, desultory kind of debate, whether the bill should be 
 postponed. It was not postponed. 
 
 Now the debates on the merits of the bill. The question was 
 whether all the alternatives should be struck out, and a fund of 
 four per cent adopted. Adopted thirteen for, ten against. Now 
 the question on the striking out of the indents. Ellsworth and the 
 New England men knew that Pennsylvania has a number of indents, 
 and the invention of all of them is at work to turn it to her disad- 
 vantage. The vote was, however, carried to keep in the indents, 
 since the other back interest was to be funded. I bore my testi- 
 mony, in the strongest terms, against funding any interest, and pro- 
 posed to open a land office, as a sinking fund for the whole of the 
 back interest, including the indents, but I found no second. The 
 interest of the whole was placed on one footing, almost without a 
 division. 
 
 Now a long debate ensued about the Jersey payments, and a pro- 
 viso which had been inserted to favor them. No other question 
 w:is, however, taken, and the House adjourned a quarter after three. 
 
 Tins was mess or club day. I went and stayed till the fumiga- 
 tion began, alias smoking of cigars, a thing I never could bear. 
 
232 SKETCHES OF DEBATES 
 
 Ellsworth made a long speech, amounting to this : that since a 
 general system of funding could not be obtained, gentlemen would 
 be against all funding whatever. 
 
 I placed his speech in as strong colors as I could. That since a 
 party in Congres.8 could not build as they pleased, they would turn 
 and pull it down. There was a majority against the assumption 
 of the State debts, and the minority, indignant at being controlled r 
 since they could not rule, would join the discontented part of Con- 
 gress, and stop all business. Adams affects to treat me with all 
 the neglect he can, while I am speaking, by turning his head a differ- 
 ent way, looking sideways, &c. But I care not. I will endeavor to 
 bear it. 
 
 June 22. I called this morning on General Irwin, who is one of 
 the commissioners for settling the accounts between the United 
 States and the individual States, for the amount of the Jersey claims 
 for interest paid by that State on the Continental certificates. Found 
 it to be about a half million. 
 
 .Now attended the committee on Twining's case. Mr. Morris called 
 me aside. (I had yesterday expressed my indignation of the New 
 England attempt upon Pennsylvania, in excluding or trying to ex- 
 clude those indents, which would pass into her hands in consequence 
 of the late funding law, from being funded ; had endeavored to pos- 
 sess him of the facts to obtain his assistance, and, indeed, expressed, 
 perhaps, ungarded solicitude on that subject.) 
 
 (He) told me this is an important affair respecting the indents to 
 Pennsylvania. I would have you to think well of it. The New 
 England men are determined to carry it against us. The assump- 
 tion is the only way we can rid ourselves of this thing. I would 
 have you think of it think of it. 
 
 I had to say, I will think of it. I felt a little disturbed ; not, if 
 I knew my own mind, with regard to the part I should act, but to 
 think that everything should be set to sale, and that even just meas- 
 ures could not be pursued but by contract, and that men should be 
 hunted into measures. I have often thought myself deficient in 
 readiness of judgment, or quickness of determination. Perhaps 
 any man can think more and better too, at twice than at once. I, 
 however, in a few minutes, took my seat beside Mr. Morris. Told 
 him that I considered the assumption so politically wrong and pro- 
 ductive of so much injustice, that no offer could be made which 
 would induce me to change my mind. I had, however, means of 
 another nature. I could depend nothing on the promises of the 
 New England men ; but, further, I had calculated that the State of 
 New York was circumstanced nearly in the same way as Pennsyl- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 233 
 
 vania, with respect to indents ; and I considered this as the sure 
 pledge that we should not be pushed to extremities on that ground. 
 
 The result showed that I was right, for after a great deal of de- 
 bate in the House, affairs settled nearly as I would have them. 
 
 The bill for establishing the post office was read the first time. 
 We adjourned early. 
 
 Mr. Fitzsimmons called this afternoon. We had much loose con- 
 versation on the subject of adjournment. I expressed a wish, the 
 sooner the better. Fitzsimmons said it never would do to go away 
 without funding the debts. Pennsylvania was too deeply interested. 
 She would draw three millions of dollars annually from the funds. 
 I stared, as well I might ; for at four per cent, she must possess 
 more than the whole of the Continental debt to do it, viz : seventy- 
 five millions. He corrected himself, and said above fifteen millions 
 would belong to her and her citizens. I said this might be. 
 
 The Speaker walked away with Mr. Fitzsimmons. When he re- 
 turned, I asked him to repeat what Mr. Fitzsimmons had said. He 
 said Mr. Fitzsimmons had explained himself in their walk. That 
 the State of Pennsylvania possessed three millions on which she 
 would draw interest, and that the citizens of the State possessed 
 fifteen millions on which they would draw interest. 
 
 Wednesday, June 23. This day could not be considered as very 
 important in the Senate. The funding bill was called for, and post- 
 poned. 
 
 The intercourse bill, or that for appointing ambassadors, had been 
 referred to a committee of conference so long ago that I had forgot 
 it, but the thing was neither dead nor sleeping. It was only dress- 
 ing and friends making. The report increased the salaries, and 
 added $10,000 to the appropriations. I concluded they had secured 
 friends enough to support it before they committed it to the House. 
 This turned out to be the case. The whole appropriation was 
 $40,000, and they were voted with an air of perfect indifference by 
 the affirmants, although I consider the money as worse than thrown 
 away. For I know not of a single thing that we have for a single 
 minister to do at a single court in Europe. Indeed, the less we have 
 to do with them, the better. Our business is to pay them what we 
 owe, and the less political connection the better with any European 
 power. It was well spoken against. I voted against every part 
 of it. 
 
 We received also a bill for the Indian trade. Read for the first 
 time. 
 
 Mr. Morris was called often out. He at last came in, and 
 whispered me : The business is settled at last. Hamilton gives up 
 
234 SKETCHES OF DEBATES 
 
 the temporary residence. I wrote on a slip of paper, (as we could 
 not converse freely :) If Hamilton h as his hand in the residence now, 
 he will have his foot in it before the end of the session. 
 
 I afterwards told Mr. Morris that this seeming willingness of Ham- 
 ilton proceeded from his knowledge that the North Carolina Sena- 
 tors- and Colonel Gunn could not be restrained from voting for Bal- 
 timore, and that the present proposal and bill (for a bill was showed 
 to me by Mr. Morris) were meant to divert the southern members 
 from Baltimore, and they would finally destroy the bill. 
 
 I got Henry, of Maryland, into the audience-room, and gave him 
 a detail of what was going on, and made the same reflections on it 
 to him. I saw he believed the North Carolina men would vote for 
 Baltimore. I find there is a ferment among them, and good may 
 come of it. 
 
 There is a jockeying and bargaining going on, respecting which I 
 am not consulted, and which I hear of only by the by. The tem- 
 porary residence in Philadelphia for fifteen years, and the perma- 
 nent residence on the Potomac. A solemn engagement has been 
 entered into by eleven Senators to push the temporary residence 
 only. On this ground, we of Pennsylvania are perfectly safe, and 
 our interest is to keep this contract alive. If we go from this, the 
 temporary residence may remain in New York and the permanent 
 residence to the Potomac. It is a species of robbery to deprive 
 Pennsylvania of the residence. How can a delegate reconcile him- 
 self to such a vote unless he confide in future contingency to re- 
 pair his errors, which is neither safe nor honorable. 
 
 June 24. This was a day of small business in the Senate. The 
 report on a bill for remitting fines to one Twining was rejected, and 
 the bill confirmed. 
 
 Though little business was done in the Senate, yet I ought never 
 to forget this day. 
 
 In the Senate Chamber, Mr. Walker told me that the Pennsylva- 
 nia delegation had, in a general meeting, agreed to place the per- 
 manent residence on the Potomac and the temporary residence to 
 remain ten years in Philadelphia. I answered, I know nothing of 
 any such agreement. No truth was ever better founded. He said 
 Scott had come from the meeting to him. He seemed willing I 
 should take a lead in the business. I heard nothing further on the 
 business. 
 
 Dr. Elmer and I called on Mr. Morris, and here, for the first 
 time, I heard him declare he was satisfied with ten years. He did 
 not say much to me, but the moment I came home the Speaker at- 
 
1\ Tin; FIRST SENATE OF THE UNITED STATES. 235 
 
 tacked me. Here, you have been doing fine things you have broke 
 the bargain, &c. 
 
 I denied that I had broke any bargain that I never knew of any 
 bargain for ten years being made. Did not General Muhlenburg 
 sju'Lik to you? Yes; on Monday last he bid me tell Mr. Morris 
 that he thought Mathews could not make them agree to more than 
 ten years. I forgot to mention it to him then, but mentioned it to 
 him afterwards. He said if we agree to ten, they would propose 
 seven, &c., and declared himself against listening to any such pro- 
 posals. We, however, met in the evening. Bassett and Reed, of 
 the Delaware State, came with Mr. Morris. Doctor Elmer came 
 some time after. I now did the most foolish thing I ever did in my 
 life. I declared that I considered the permanent residence as a 
 matter that ought to belong to Pennsylvania, in whatever point of 
 view it was considered, geographically or politically. That to de- 
 prive her of it was, in my opinion, a species of robbery ; but since 
 we came there to consult the public good, I was willing to be gov- 
 erned by republican principles, and would stand by the vote of the 
 majority on this point, as a house divided against itself could not 
 stand. 
 
 Mr. Morris now said that my arguments were too late. I should 
 have made these objections when the contract was made for fifteen 
 years' residence at Philadelphia. I very freely declared I never 
 entered into any such contract. Morris, Fitzsimmons, and the 
 Speaker declared that I did, and the Speaker reminded me that a 
 committee was appointed. I agreed that' a committee was appointed, 
 but it was to draw up our reasons for rejecting Hamilton's propo- 
 sals ; and that I understood them so would be evident from my 
 sentiments which I had committed to paper at the time, and which 
 were now in the hands of Col. Hartley. They all three persisted 
 in the charge. Hartley, however, had spirit enough to say there 
 was no such contract. This seemed to cool them a little. But, 
 after some time, Scott came in. The matter was repeated to him. 
 He declared there was no number of years mentioned at all as any 
 bargain, and, of course, no contract. This made them look a little 
 blue. 
 
 I must note that I read the sketch which I gave to Hartley to 
 the Speaker, and that he approved of it; and I expressly mentioned, 
 both to him and Col. Hartley, that all we did respected only what 
 was past. 
 
 But now the Speaker put the question, Shall we vote for a bill 
 giving the temporary residence ten years to Philadelphia and the 
 permanent residence to the Potomac ? They all said yes but my- 
 
236 SKETCHES OF DEBATES 
 
 self. I said no ; but unluckily am bound by my foolish declaration. 
 Good God, deliver me this once. Fate, familiar as her garter, 
 ended the difficulty. But the tale is long, and I had better begin 
 the business of the day on the next page. 
 
 Friday, 25, 1790. A day of excessive rain. I went to the Hall, 
 in the Speaker's carriage, at an early hour to attend the committee 
 on the post office business. I found Mr. Carroll there. We had 
 much loose talk. He told me his plan, which was to take Butler's 
 bill amended so that the residence should be ten years in Philadel- 
 phia, at the end of which the permanent residence should be on the 
 Potomac. 
 
 The first business was the report on what was called Stephen 
 Moore's bill. This man is the owner of the land on which the old 
 fort of West Point stands. He is got in debt in town to the amount 
 of two thousand or some such sum. He has nothing but the rocks 
 of West Point. The Secretaries of War and Treasury, &c., and 
 other influential characters, have interested themselves in getting 
 this bill passed to buy the land from him to pay his debts, under 
 the notion that the ground is necessary for a fortress. It was car- 
 ried in the Senate by a great majority. Am I mistaken, or is the 
 spirit of prodigality broke loose since Rhode Island came in ? 
 
 This day Moore's case, and a bill for claim for one Gould came 
 up. The ayes and noes are on the journals, and, strange to tell, for 
 once Mr. Morris was with me. 
 
 Mr. Carroll now rose, and was seconded by Lee. Izard, Few, 
 King, on one side ; Carroll and Lee. on the other. Butler bounced 
 between both, but declared for the bill, and he would be for it. The 
 motion was to take up the bill. 
 
 The President, from the chair, said : There has been a motion 
 for postponement. I do not know whether it has been seconded. 
 No such thing had happened, but the hint was soon after taken. 
 
 All now was consternation and commotion. Out ran King, 
 Schuyler, Izard, and sundry of the eastern gentry, and in were 
 ushered the Senators from Rhode Island. 
 
 And now the hinted-for postponement was called for of the bill, 
 which, in fact, had not been taken up. But the new members, just 
 sworn and seated, did not get up. Signs and motions were ineffect- 
 ual ; they kept their seats ; and the bill, of course, was taken up, 
 or, in parliamentary style, not postponed. 
 
 Izard begged leave to explain ; or in other words, to tell the new 
 come gentlemen that they ought to have voted for the postpone- 
 ment. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 237 
 
 Mr. Adams, without any ceremony, put the same question over 
 again. King got on one side, and Ellsworth on the other, of the 
 new members, and up they got them. Butler, too, after all his decla- 
 rations, voted for the postponement. It was thirteen and thirteen, 
 and Mr. Adams voted the postponement ; and thus the business of 
 the day was got over without much difficulty so far, or at least the 
 knotty parts of it, and thus my neck got out of the noose. Ad- 
 journed until Monday. 
 
 I must note here that a number of our own people were duped in 
 pushing the Rhode Island bill. They are now paid for it. I told 
 them at the time what was intended. They must take what follows. 
 
 Saturday, June 26. Attended this day on the committee on the 
 post office bill. The bill came up from the Representatives, with 
 every post-road described both main and cross-roads. 
 
 Carroll and Strong were for blotting out every word of descrip- 
 tion, and leaving all to the Postmaster General and the President 
 of the United States. 
 
 I proposed a different plan. That one great post-road should be 
 described by law, from Portland, in New Hampshire, to Augusta, 
 in Georgia, passing through the seats of the different goverments ; 
 and that two cross-roads only should be described, from New York 
 to Canada, and from Philadelphia, or some other proper place, to 
 Fort Pitt, for the accommodation of the western country. The other 
 or block system prevailed ; but we are to meet again on Monday, 
 at ten o'clock. 
 
 Monday, June 28. Met at ten on the post office committee, but 
 such running and caballing of the Senators, nothing could be done. 
 
 Now the Baltimore vote was read. Carroll and Lee moved to 
 postpone it. It was postponed. 
 
 Carroll now moved to read some representations from Baltimore 
 and Georgetown. This was complied with. Carroll surprised me 
 by taking me out and requesting me to move the insertion of Balti- 
 more for the permanent residence. Said he wished it to be put and 
 negatived. This had a crooked aspect. I declined it. Izard, how- 
 ever, moved this very thing, and Walker told me it was expected 
 that he would do it. 
 
 I called for the amendment that had been proposed on Friday, 
 but Carroll got up and wished the vote on Baltimore. It was neg- 
 atived. 
 
 Carroll now got up with the amendments. He surprised me with 
 his slowness. We wrangled on till near three o'clock, calling yeas 
 and nays on almost every question but for these, vide the minutes. 
 
238 SKETCHES OF DEBATES 
 
 When we came to the blank for the place of the temporary resi- 
 dence and, by the by, there was no blank in the amendment which 
 Carroll read on Friday, but he now suffered Adams to proceed on 
 the original bill. He evidently waited, and paused until Izard moved 
 to fill the blank with New York. 
 
 Now we had the warmest debates of the day. Mr. Morris took 
 no part whatever. Langdon and myself were the warmest. The 
 question was put at three o'clock, and carried for New York thir- 
 teen to twelve. Col. Gunn has been absent all this day designedly, 
 it is supposed. 
 
 This day the delegation' had invited the Vice President and the 
 other officers of the General Government. The Chief Justice and 
 Vice President did not attend. The three Secretaries were with 
 us. The discourse, before dinner, turned on the manner of doing 
 business in the Senate. It was remarked, that as every question 
 of moment was carried only by a majority of one, or, for the most 
 part, by the casting vote of the President, it might be as well to 
 vest the whole senatorial power in the President of the Senate. 
 
 I could not help making some remarks 011 our three Secretaries. 
 Hamilton has a very boyish, giddy manner. Jefferson transgresses 
 on the extreme of stiff gentility, or lofty gravity. Knox is the easiest 
 man, and the most dignity of presence. They retired at a decent 
 time, one after another. Knox stayed longest. 
 
 June 29. The tonnage bill was taken up, and committed. This 
 bill uses the same rates of tonnage as the old bill, and why it was 
 brought forward is more than I can say, unless it was solely to em- 
 ploy time. 
 
 And now the residence bill was taken up. 
 
 The joy of the Yorkers made them cry out for an adjournment 
 when they had filled one of the blanks. Now the other one was to 
 be filled, with the time of the temporary residence. It was carried 
 for ten years, and Carroll voted for it thirteen to twelve. But 
 now the question was taken on the clause, and the whole was nega- 
 tived sixteen to nine. 
 
 Now Izard and the adherents of New York showed visible per- 
 turbation, and bounced at a strange rate. I looked at Carroll, and 
 got him now to rise with his clause, ten years for Philadelphia. 
 Why he kept it back so long explains itself. 
 
 Schuyler and King offered to amend it by dividing the time five 
 years to each place. Long debates here. The question was lost, 
 thirteen to thirteen, Vice President against. 
 
 They now moved Baltimore. Lost it, ten to sixteen. 
 
IN THE FlUST Sl.XATE OF THE UNITED STATES. 239 
 
 Butler now moved to stay two years in New York. Thirteen to 
 thirteen. President against. 
 
 The question put on the clause. Thirteen to thirteen. President 
 against it. So the clause was lost. 
 
 The question was now put, Shall the bill pass to a third reading ? 
 The noes certainly had it, but the House did not divide, and an ad- 
 journment obtained before anything more was finished. 
 
 June 30. When I came to the Hall, Doctor Elmer told me that 
 Carroll & Co. were using every endeavor to pass the bill to a third 
 reading without anything of the temporary residence. Here we 
 certainly had every right to leave them ; yet Walker said they 
 would drop Philadelphia if we would not go with them. I am fully 
 satisfied that they have had an under plot on hand all this time with 
 the Yorkers. 
 
 Carroll, finding the bill could not be carried to a third reading, 
 moved a reconsideration of the Philadelphia clause. But he was 
 out of order, not having been of the majority. 
 
 I passed the word to get Butler to move, as he had been of that 
 side. He did so, after talking almost half an hour. It was recon- 
 sidered and adopted, fourteen to twelve, Butler changing his ground. 
 
 Before we could get a question on the paragraph, they moved 
 the question of five years in New York, and five in Philadelphia. 
 Lost, twelve and fourteen. Then to stay two years in New York 
 This Butler joined them in, and the House stood thirteen and thir- 
 teen. The President gave us a long speech on the orderly, decent 
 behavior of the citizens of New York, especially in the gallery of 
 the other House. Said no people in the world could behave better. 
 I really thought he meant this lavish praise as an indirect censure 
 on the city of Philadelphia, for the papers have teemed with cen- 
 sorious charges of their rudeness to the members of public bodies. 
 Be that, however, as it may, he declared he would go to Philadel- 
 phia without staying a single hour, and gave us his vote. I think 
 it was well he did not know all ; for had he given this vote the other 
 'way, the whole was lost. The question on the passage was carried, 
 fourteen to twelve. (See postea 250 as to the residence.) 
 
 Mr. Langdon now moved a reconsideration to strike out the loan 
 of the $100,000. A long debate ensued. It was evident his vote 
 would turn it. This I mentioned to Walker. We told them, how- 
 ever, that we were with them. But they did what good policy di- 
 rected. They gave the matter up, and the appropriation was struck 
 out. The question on the bill passing to a third reading was now 
 taken. Carried fourteen to twelve. 
 
 I am fully convinced Pennsylvania could do no better. The 
 
240 SKETCHES OF DEBATES 
 
 matter could not be longer delayed. It is, in fact, the interest of 
 the President of the United States that pushes the Potomac. He, 
 by means of Jefferson, Madison, Carroll, and others, urges the 
 business, and, if we had not closed with these terms, a bargain would 
 have been made for the temporary residence in New York. They 
 nave offered to support the Potomac for three years' temporary res- 
 idence, (in New York, I presume,) and I am very apprehensive they 
 would have succeeded, if it had not been for the Pennsylvania threats 
 that were thrown out of stopping all business, if an attempt was 
 made to rob them of both temporary and permanent residence. 
 
 July 1, 1790. Knowing nothing of immediate consequence, I at- 
 tended the Hall early. Took a seat in the committee-room. Began 
 an examination of the journals of the old Congress touching some 
 matters before us in committee. 
 
 When the minutes were read, King observed that the yeas and 
 nays were not inserted on the motion for staying two years in New 
 York. The President and Secretary both denied that they were 
 taken, but I believe they erred. This, however, I did not consider 
 as much for them. We read the Rhode Island enumeration bill. 
 Committed the settlement bill, and the one for the regulation of 
 seamen. 
 
 And now came the residence. Ellsworth moved that the extent 
 on the Potomac should be thirty miles above, and thirty below, 
 Hancocktown. Lost. Second motion : To insert the first Monday 
 in May instead of first Monday in December for removal. The yeas 
 and nays equal, and now John Adams gave us one of his pretty 
 speeches. He mentioned many of the arguments for removal, and 
 concluded that justice, policy, and even necessity, called for it. 
 
 Now, King took up his lamentations. He sobbed, wiped his 
 eyes, and scolded and railed and accused, first, everybody, and 
 then nobody, of bargaining contracting arrangements and en- 
 gagements that would dissolve the Union. 
 
 He was called on sharply. He begged pardon, &c., and railed 
 again. 
 
 Butler replied in a long unmeaning talk. Repeated that he was 
 sure the honorable gentleman did not mean him, and yet, if there 
 really was any person there to whom King's mysterious hints would 
 apply, Butler's strange conduct marked him as the most proper 
 object for them. Talk followed talk. It was evident they meant 
 to spend the day. Doctor Johnson cried adjourn. Question, ques- 
 tion, re-echoed from different quarters of the House. Few begged 
 leave to move an amendment. It was to restore the appropriation 
 
IN THE FIRST SENATE OF THE UNITED STATES. 241 
 
 clause. It was lost, and, at last, we got the question on transmit- 
 ting the bill to the Representatives. Yeas, fourteen ; nays, twelve. 
 
 As I came from the Chamber, King gave me a look. I replied, 
 *' King's lamentations.^ " That won't do," said he. When we were 
 down stairs he turned to me, said, " Let us now go and receive the 
 congratulations of the city for what we have done." I had heard 
 so much and so many allusions to the hospitality, &c., I thought it 
 no bad time to give both him and them a wipe : "King, for a session 
 of near six months I have passed the threshhold of no citizen of 
 New York; I have no vwish to commence acquaintance now." He 
 uttered some ejaculation and went off. In truth, I never was in so 
 inhospitable a place. The above declaration I thought it not amiss 
 to make, that they may know that I am not insensible of their rude- 
 ness ; and further, that I am quite clear of any obligations to them. 
 
 July 2. Attended the committee on the affair of Gould's bill. 
 There did not appear much animation in the House. That keenness 
 of look and eagerness which marked all our former looks, had de- 
 parted with the residence. 
 
 Ellsworth moved a commitment of the resolution with regard to 
 the State debts. I saw we were taken unawares on this subject. 
 They carried the commitment and the committee both against us. 
 Carroll joined them. 
 
 Wyngate told me this day of a violent breach having happened 
 between King and the Massachusetts men. They would not vote 
 for the Potomac, as King wished them to do. Had they joined the 
 Connecticut and York votes, we would have obtained the temporary 
 residence on much worse terms. This is a still further proof of what 
 I knew before that there was an under plot and a negotiation still 
 open between the Potomac and New York. 
 
 The Speaker told me this day that the assumption would pass. I 
 heard him with grief, and trust I may yet disbelieve him. He dined 
 with the President yesterday. 
 
 July 3. General Irwin called early on me this morning. It was 
 to tell me that King and Lawrence had been asserting, with great 
 confidence, that we had bargained to give the assumption for the 
 residence, &c. ; that I was to go away, and Carroll to vote direct 
 for it, &c.; that a very great hubbub was raised among the southern 
 gentlemen, &c. 
 
 I could only tell him that it was false ; and much, indeed, as I 
 wished to see my family, that now home I would not go ; that I 
 would stay, and he was at liberty to say so. I called on Williamson 
 as I went to the Hall, and on Hawkins, and told them so. 
 16 
 
242 SKETCHES OF DEBATES 
 
 When I came in the Speaker told me that the York malevolence 
 was showing itself in curious caricatures, in ridicule of the Penn- 
 sylvanians, &c. 
 
 July 4. Being Sunday, was celebrated only by the firing of can- 
 non about noon. I walked to Scott's lodging. He came home with 
 me. He showed a disposition to go over all the arguments which 
 I had used in the Senate on that subject. I did so with much cheer- 
 fulness. I called this evening on Mr. Lee, and showed him 
 plainly, as I thought, how we could, by a side wind in the bill for 
 the settlement of accounts, give the assumption a decided stroke. I 
 promised I would see him again to-morrow. 
 
 July 5. I was detained long before I could get to see Lee. He 
 had consulted Madison, as he said, and had altered the amendment 
 in point of form. But it certainly was much more obscure. Said 
 he would second the motion, if I made it. 
 
 The post office bill was taken up, and a long debate whether the 
 Postmaster should appoint the post roads or the Congress declare 
 them so by law. It was carried in favor of the Postmaster's doing 
 it. 
 
 A motion was made that Congress should adjourn, to wait on the 
 President with the compliments of the day. Negatived. 
 
 A second motion to adjourn one hour, for the above purpose. 
 Lost. Some business was done, and a second motion for adjourn- 
 ment was called. All the town was in arms grenadiers, light in- 
 fantry, and artillery passed the Hall, and the firing of cannon and 
 small arms, with beating of drums, kept all in uproar. This motion 
 carried, and now all of us repaired to the President's. We got some 
 wine, punch, and cakes. From hence we went to St. Paul's, and 
 heard the anniversary of independence pronounced by a Mr. B. Liv- 
 ingston. The church was crowded. I could not hear him well. 
 Some said it was fine. I could not contradict them. I was in the 
 next pew to General Washington. Part of his family, and Senators 
 filled the seats with us. 
 
 Some say that the Yorkers will make desperate resistance to-mor- 
 row. Others say that they will die soft. Jackson gave me the 
 President's compliments, and an invitation to dinner on Thursday. 
 
 July 6. Was called on, early this morning, by Mr. Hanna, of 
 Harrisburg. Attended at the Hall, after having paid some visits. 
 The post office bill passed, after some debate. Now came the set- 
 tlement bill. Mr. Lee had spoiled my amendment, or at least greatly 
 obscured it , but if I stirred at all, must use his motion, and, great 
 man as he is, there really was mis-spelling in it. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 243 
 
 The ground I took was, that the fifth section of the bill laid down 
 a ratio, in consequence of which there must, in the nature of things, 
 be creditor and debtor States. The sixth section told us how the 
 creditor States were to be paid, but not one word was said as to the 
 debtor States. Paying one was as necessary as the other. Justice 
 demanded it. Vide my amendment : 
 
 u And those States against whom balances shall be found, shall 
 have a portion of their State debt, which shall have accrued as afore- 
 said, left charged upon them, equal to such deficient balance; and 
 if it should so happen that the whole State debt of any particular 
 State shall fall short of such balance, such deficiency shall remain 
 charged against such State, on the books of the Treasury." 
 
 I attacked the Secretary's system of supposititious balances, as 
 not only unjust, radically, and a total departure from acts and re- 
 quisitions of Congress, but as going to lay great taxes, and increase 
 the volume of our debt. 
 
 Ellsworth and Strong answered. King admitted every principle 
 which I laid down, but wavered. Lee seconded, and forsook me. 
 The child was none of his. I really thought I had the best of the 
 arguments, which grew bulky, and by degrees spread over all our 
 fields of finance. But on the question, I had a small division in 
 favor of the motion. 
 
 July 6. The true history of the bill is, that it has been fabricated 
 by the Secretary's people, particularly Fitzsimmons, and is meant 
 as a mere delusion, or to amuse the public, for they seriously never 
 wish the accounts to be settled. But a show must be kept up of 
 giving satisfaction on this point. 
 
 As to myself, I may draw a lesson from Lee's conduct, to bring 
 forward my own motions only. I spoiled the amendment to obtain 
 his support, and he saw it perish, with the indifference of a stranger. 
 
 July 7. Attended at the Hall. Every face bore the marks of 
 anxious expectation. Schuyler came to me, and owned the bill for 
 the settlements of accounts was to the full as important as I had 
 stated it yesterda}^ and showed me a long amendment. Said the 
 bill should be committed. Wished me to second him. I readily 
 agreed to it, and now we went on the subject of debate. I was not 
 alone, as yesterday. I supported my old system of ascertaining 
 the expenses of the war; agreeing to the ratios and fixing the 
 quotas ; giving certificates to the creditor States and leaving the 
 State debts on the debtors, respectively, so far as to equalize the 
 accounts. 
 
 Ellsworth certainly confused himself. He wished to equalize the 
 accounts by credits only, taking the lowest Ex as the basis, and 
 
244 SKETCHES OF DEBATES 
 
 setting off to each State in proportion to it and funding all over it, 
 as the Ex of some of the States stood nearly at 0. This, in fact, 
 would be funding nearly the whole expense of the war. 
 
 Butler had a third system, viz : Take no notice of anj^thing by- 
 gone, but divide the existing debt among the States. I thought it 
 strange to hear my colleague declare for the last opinion. After a 
 very long debate, the bill was committed. 
 
 Sundry questions were taken in the House of Representatives on 
 the residence bill. The decisions have hitherto been favorable, but 
 the question on the bill not yet taken. 
 
 July 8. This day was slack in the Senate until the report came 
 in on the bill for the settlement of the accounts. As might be ex- 
 pected, then amendments followed the Secretary's report, or nearly 
 so. It amounted to this : That the net advances of the States should 
 be made an aggregate of, and this aggregate divided by the ratio of 
 population, which would fix the quotas. Then the quotas, compared 
 with their respective advances, would determine the balances of 
 debt or credit, or turn out just equal. And here it was agreed to 
 leave the matter for the present, as the bill respected the ascertain- 
 ing the balances onty, and left the payment to the creditor States 
 and the payment from the debtor States to the future operation of 
 the Legislature. All this was far short of what I wanted, and, in- 
 deed, the bill will turn out, as I fear, a mere delusion ; but, under 
 its present form, the State debts must be embraced in the accounts, 
 if the commissioners do their duty ; and if so, this will operate as 
 a reason why they should not be assumed. 
 
 I wrote a hasty line ... to Charles Biddle, that the votes stood 
 this day twenty-eight and thirty-three on the residence. 
 
 Stayed at the Hall until four o'clock, and went to dine with the 
 President. It was a great dinner, in the usual style, without any 
 remarkable occurrence. Mrs. Washington was the only woman 
 present. 
 
 I walked from the President's with Mr. Fitzsimmons part of the 
 way to his lodgings. He really seemed good humored, and as if he 
 wished to be on good terms with me. Clymer called at our lodgings 
 in the evening, and seemed condescending and good humored in a 
 remarkable degree. But all in the dumps again about the residence ; 
 only thirty real friends to the bill in the House, &c., &c. 
 
 It is time, indeed, that this business should be settled, for all our 
 affairs are poisoned by it. 
 
 Nothing can be plainer than the simple mode of Dr. and Cr. for 
 the settlement of the public accounts of the Union. But the State 
 
IN THE FIRST SENATE OF THE UNITED STATES. 245 
 
 of South Carolina is most miserably in arrear, and wishes to avoid 
 all settlement, or to have such a partial one as will screen her de- 
 fects. She has been devoted to New York on the subject of the resi- 
 dence. Therefore, New York (or I should rather write Hamilton) 
 labors incessantly to confuse, embarrass, and confound all sett'e- 
 ment. The thing cannot be openly denied, but they will involve it 
 in so many difficulties as will either prevent it altogether, or render 
 it useless, if it should take place. 
 
 July 9. Attended the Hall at the usual hour. There was much 
 whispering of the members, Ellsworth, Strong, and Izard. We had 
 a bill for regulating the intercourse with the Indians, which was 
 passed. A thing which may be made the basis of much expense. 
 Superintendents are to be appointed, although the superintendence 
 of the Indians in the Government northwest of the Ohio is already 
 vested in the Governor ; and so south of the Ohio. By and by we 
 shall have a call for their salaries. It really seems as if we were to 
 go on making offices until all the Cincinnati are provided for. 
 
 The settlement bill engaged us warmly for the most of this day. 
 The object was to find the balances due to the creditor States, and 
 how. Ingenuity itself is tortured to find ways and means of in- 
 creasing the public demands, and passing by and rendering the 
 State governments insignificant. I declared what I thought plainly 
 on the subject : that the bill was one for the settlement, but not the 
 payment, of the respective balances. That the old confederation 
 clearly contemplated the payment of the balances from the delin- 
 quent States to the creditor States ; that every act of the old Gov- 
 ernment carried this on the face of it ; that although we could not 
 lay unequal taxes, yet the adoption of the new constitution did 
 not go to the discharge of just debts due from the States which 
 might be hereafter found debtors ; and that Congress certainly had 
 the power of liquidating the balances and making the demands 
 from the debtor States. . The bill, after a long debate, passed on 
 the -principle of a settlement bill only. 
 
 I find by letters which I have received, that the public creditors 
 are to be the body who are to rise in judgment against me, and try 
 to expel me from the Sonati-. This is only what I expected. Nor 
 are they the only ones. The adoption of the new constitution raised 
 a singular ferment in the minds of men. Every one ill at ease in 
 his finances ; every one out at elbows in his circumstances ; every 
 ambitious man, every one desirous of a short cut to wealth and 
 honors, cast their eyes on the new constitution as the machine which 
 could be wrought to their purposes, either in the funds of specula- 
 lation it would afford, the offices it would create, or the jobs to be 
 
246 SKETCHES OF DEBATES 
 
 obtained under it. Not one of these has found a patron in me. In 
 fact I have generally set my face against such pretensions. As such 
 men are generally wanting in virtue, their displeasure nay, their 
 resentment may be expected. " Why you want nothing neither for 
 yourself nor friends" said a Senator one day to me, in some sur- 
 prise. It was somewhat selfish, but I could not help uttering a wish 
 that he could say so with truth of every one. 
 
 July 10. Being Saturday, the Senate did not meet, but I went 
 to the Hall by a kind of instinct created by custom ; something like 
 a stage coach, which always performs it tour, whether full or empty. 
 I met King and Langdon here. We spent an hour or two in very 
 familiar chat. Nothing worth noting, unless it was the declaration 
 of King, that a bargain was certainly made on the subject of the 
 residence, to obtain at least one vote in the room of his, as it was 
 mostly likely he would vote against the assumption, if the residence 
 went to Philadelphia. I was astonished at King's owning this, 
 which, in fact, amounted to this : that he had engaged his vote for 
 the assumption, if the residence stayed in New York. 
 
 Sunday, the llth, was, with me, a very dull day. I read at home, 
 wrote the usual letters to my family, and other correspondents. 
 After dinner, walked alone out on the commons beyond the Bowery, 
 wherever I could find any green grass, or get out of the dust, which 
 was very troublesome on the roads. 
 
 Monday, July 12. Attended at the Hall at the usual time. We 
 received two messages from the Representatives ; one of them con- 
 tained the residence bill. We had considerable debate on the post 
 office bill. Insisted on our amendments, and appointed a commit- 
 tee to confer. 
 
 Insisted on our amendment to the Indian intercourse bill, and 
 passed the tonnage. This bill deserves a remark. 
 
 The bill is, in every respect, the same as the old one, bating the 
 remission of some unintentional severities, which had fallen on some 
 fishermen and coasters, which were remitted. The taking all the 
 time, and passing all the forms of a new bill, would perhaps bear 
 an interpretation as if we feared running out of work. 
 
 A motion was made for taking up the funding bill, but with- 
 drawn. No other serious business was gone on. The House ad- 
 journed. 
 
 A number of us gathered in a knot, and got on the subject of the 
 assumption, the report on which had been just handed in by Mr. 
 Carroll. It is in favor of it. And now, from every appearance, 
 Hamilton has got his number made up. He wanted but one vote 
 long ago. 
 
IN Tin: FIRST SKNATK OF THE UNITED STATES. 247 
 
 The sums they have reported to be assumed, is twenty-one mil- 
 lions of dollars. This is most indubitably to cover the speculations 
 that have been made in the State debts. This assumption will im- 
 mediately raise the value of the State securities, and enable those 
 people who have plunged themselves over head and ears in those 
 speculations, to emerge from impending ruin, and secure them the 
 wages of speculation. The report is ordered to be printed. 
 
 After dismissing this subject, we got on the prospect of an ap- 
 proaching war between Spain and England. Here was a large field 
 for conjecture, and we indulged our fancies on the subject, until 
 near three o'clock. 
 
 I will here note down an observation, which I wonder never made 
 an impression on the Pennsylvanians. Every State is charged with 
 having local views, designs, &c. Could any motive of this kind be 
 j ustly chargeable on our State in adopting the constitution ? By our 
 impost, we laid many of the neighboring States under contribution 
 part of Jersey, Delaware, part of Virginia, and almost the whole 
 of the western country. It appears one fourth of the whole impost 
 is received at Philadelphia. This was a great sacrifice. Quere 
 Did our politicians ever think of this advantage ? 
 
 July 13. I attended this day at the Hall, at the usual time, or 
 rather sooner. General Schuyler only was before me. Our Presi- 
 dent came next. They sat opposite to me, and we had a long chat 
 on various subjects, but nothing very interesting. Mr. Morris came 
 at last. 
 
 The resolution for the assumption of twenty-one millions of the 
 State debts, was taken up. This was perhaps the most disorderly 
 day ever we had in Senate. Butler was irregular, beyond all bear- 
 ing. Mr. Morris said openly, before Senate was formed, I am for a 
 six per cent, fund on the whole ; and if gentlemen will not vote for 
 that, I will vote against the assumption. I thought him only in 
 sport then. But he three times, in Senate, openly avowed the same 
 thing, declaring he was, in judgment, for the assumption ; but if 
 gentlemen would not vote for six per cent., he would vote against 
 the assumption, and the whole funding bill. His adding the fund- 
 ing bill along with it, in the last instance, operated as some kind of 
 palliation. Izard got up, and attacked him with asperity. Mr. 
 Morris rose in opposition. Then Izard declared he did not mean 
 Mr. Morris, so much did he fear the loss of his vote. But his in- 
 vective was inapplicable to anybody else. I was twice up, and 
 bore my most pointed testimony against the assumption. It was 
 incurring a certain debt, on uncertain principles. The certain effect 
 was, the incurring and increasing our debt by twenty-one millions, 
 
248 SKETCHES OF DEBATES 
 
 by mere conjecture. This debt was already funded by the States y 
 and was in a train of payment. Why not settle, and let us see how 
 the accounts stand, before the States are discharged of their State 
 debts. I alleged the funds, on which these debts were charged by 
 the States, were those which the States could pay with the great- 
 est facility, as every State had facilities of this kind. The trans- 
 ferring the debt to any general fund, would lose these local advan- 
 tages. It was dealing in the dark we had no authentic evidence 
 of these debts. If it was meant as an experiment how far people 
 would bear taxation, it was a dangerous one. I had no notion of drill- 
 ing people to a service of this kind, &c., &c. But I cannot pretend 
 to write all I said. Mr. Morris has twice this day told me what great 
 disturbances there would be in Pennsylvania, if six per cent, was 
 not carried. I considered these things as threats thrown out against 
 my reappointment. But be it so ; so help me God, I mean not to 
 alter one tittle. I am firmly determined to act without any regard 
 to consequences of this kind. Every legislator ought to regard him- 
 self as immortal. 
 
 July 14. This day the resolutions on the assumption were taken 
 up. I am so sick and so vexed with this angry subject that I hate 
 to commit anything to writing respecting it. I will, however, seal 
 one of the copies of it in this book as a monument of political ab- 
 surdity. It had friends enough fourteen to twelve so far, but I 
 am not without hopes of destroying it to-morrow. I am now con- 
 vinced that there must have been something in the way of bargain,, 
 as King alleged on Saturday. Ellsworth, at one time this day, 
 used the following words : No man contemplated a final liquidation 
 of the accounts between the U. S. and the I. S. as practicable or 
 probable. I took them down, and showed them to Mr. Morris and 
 Mr. Walker. He observed me, and, after some time, got up, and 
 in the course of speaking, said : A settlement was practicable, and 
 we must have it. 
 
 Mr. Morris, Langdon, and others moved to strike out the third 
 section. We, of the opposition, joined Ellsworth, and kept it in. 
 The State of Pennsylvania has not but about one million of existing 
 State debt. This clause, if the vile bill must pass, may be consid- 
 ered as in her favor ; more especially if they prevail, and prevent a 
 settlement of the accounts. 
 
 For some time after the war, certificates were sold as low as nine 
 pence on the . John Ray, my old servant, told me that he sold 
 one of 80 for 3, and could get no more. But it appears, by a 
 remonstrance of the Executive Council to the Legislature of Penn- 
 sylvania entered on their minutes, that the market price was 2/6 on 
 
IN THE FIKST SKNATE OF fHE UNITED STATES. 249 
 
 on the at the time of passing the funding law. Yet by the in- 
 strumentality on a weak, and in some cases interested, Legislature, 
 six per cent was given on the certificates, or forty-eight per cent, 
 on the real specie value. This Pennsylvania paid for four years. 
 As the certificates were generally below 2/6, it is no exaggeration 
 to say every speculator doubled his money in four years, and still 
 has the certificates, on which he expects forty-eight per cent, with 
 respect to the original cost. Thus 100 specie bought 8.00 in cer- 
 tificates, (perhaps, much more.) These certificates brought 48 per 
 annum for four years=192, and the holders of certificates remain 
 as clamorous as ever. 
 
 July 15. The business of the Senate was soon done this day. 
 The President took up the funding bill without any call for it. 
 
 Mr. Morris appeared in high good humor asked me if anybody 
 had taken me aside to communicate anything to me. I told him no. 
 But it was easy to observe that something was going on. He said 
 there was, but did not tell me what it was, nor did he affect to know. 
 I saw Carroll writing a ticket with a number of names on it, sand, 
 and put it by. In the meanwhile, up rose Ellsworth, and moved 
 that both, the funding bill and the resolutions for the assumption 
 should, be referred to a committee. He was seconded soon. Lee 
 rose said, we know no good could come from a commitment. Mr. 
 Morris rose said he was for the commitment ; that they might be 
 made in one law, and the rate of interest fixed at six per cent. I 
 rose said I knew of but two ends generally proposed by commit- 
 ment. The one was to gain information ; the other to arrange 
 principles agreed on. The first was out of the question ; the second 
 only could be the object ; but what was the materials to be arranged ? 
 A bill originated in the other House, and resolves on the assump- 
 tion, which had originated in this. I knew the opinion of many of 
 the Representatives was opposed to our power of originating any- 
 thing relating to the subjects of the public debts. Taking two so 
 dissimilar objects together, more especially if our powers were 
 called in question, was the way to lose both. Gentlemen hoped 
 much good from this measure. I wished they might not be disap- 
 pointed ; but I was not certain of anything but delay, which, in our 
 present circumstances, I considered as an evil, &c. 
 
 The President, who was, to appearance, in the secret, seemed im- 
 patient until I had done ; and putting the question, it was carried. 
 The .... were all the six per cent, men, and all the assumption 
 men. They carried the committee, all of their own number. This 
 done, the Senate adjourned. 
 
 Henry came and sat beside me a good while. He told me that 
 
250 SKETCHES OF DEBATES 
 
 Carroll wrote his ticket with the seven names, (that being the num- 
 ber of the committee,) before any business whatever was done. This 
 I had observed, in part, myself. We did not need this demonstra- 
 tion to prove that the whole business was prearranged ; nor can any 
 person be now at a loss to discover that all the three subjects resi- 
 dence, assumption, and funds equivalent to six per cent. were all 
 bargained and contracted for on the principles of mutual accommo- 
 dation for private interest. The President of the TJ. S. has (in my 
 opinion) had great influence in this business. 
 
 Mr. Maclay intimates that the plan acted on was to give to either 
 New York or Philadelphia the temporary residence for the perma- 
 nent residence on the Potomac ; and that he found, by demonstra- 
 tion, that this was the case ; and that York (New York) would have 
 accepted of the temporary residence if we had not. "But," he adds, 
 " I did not then see so clearly that the abominations of the funding 
 system and the assumption were so intimately connected with it." 
 
 July 16, 1790. Senate had not been formed but a few minutes 
 when a message from the President of the TJ. S. was announced. It 
 was Lear ; and the signature of the President to the residence bill 
 was the communication. 
 
 Statement of Mr. Jefferson. 
 
 In the first volume of Randall's Life of Jefferson, pages 608-11, 
 is a statement of Mr. Jefferson relative to the assumption bill. He 
 observes, that this great and trying question was lost in the House 
 of Representatives, and that Hamilton was in despair. As I was 
 going to the President's one day, I met him in the street. He 
 walked me backwards and forwards before the President's door for 
 half an hour. He painted pathetically the temper into which the 
 Legislature had been wrought ; the disgust of those who were called 
 the creditor States ; the danger of the secession of their members 
 and the separation of the States. He observed that the members 
 of the administration ought to act in concert; that though this 
 question was not of my department, yet a common duty should 
 make it a common concern ; that the President was the center on 
 which all administrative questions ultimately rested, and that all 
 of us should rally around him and support with joint efforts meas- 
 ures approved by him; and that the question having been lost by 
 a small majority only, it was probable that an appeal from me to 
 the judgment and discretion of some of my friends might effect a 
 change in the vote, and the machine of government, now suspended, 
 might be again set in motion. 
 
 I told him that I was a stranger to the whole subject ; that not 
 
Ix THK FIKST SK.NATK OF TIM-: r\rn:i> STATES. 
 
 having yet informed myself of the system of finance adopted, I 
 knew not how far this was a necessary sequence ; that undoubtedl}', 
 if its rejection endangered a dissolution of our Union at this in- 
 cipient stage, I should deem that the most unfortunate of all con- 
 sequences, to avert which all partial and temporary evils should be 
 yielded. I proposed to him, however, to dine with me the next 
 (lav, and I would invite another friend or two bring them into 
 conference together, and I thought it impossible that reasonable 
 men, consulting together coolly, could fail, by some mutual sacri- 
 fices of opinion, to form a compromise which was to save the Union. 
 
 The discussion took place. I could take no part in it but an ex- 
 hortatory one, because I was a stranger to the circumstances which 
 should govern. But it was finally agreed that whatever importance 
 had been attached to the rejection of the proposition, the preserva- 
 tion of the Union and of concord among the ^States was more im- 
 portant, and that, therefore, it would be better that the vote of re- 
 jection should be rescinded, to effect which some members should 
 change their votes. But it was observed that this pill would be 
 peculiarly bitter to the southern States, and that some concomitant 
 measure should be adopted to sweeten it a little to them. There 
 had before been propositions to fix the seat of Government either 
 at Philadelphia or at Georgetown on the Potomac, and it was thought 
 that by giving it to Philadelphia for ten years, and to GeorgetoVn 
 permanently afterwards, this might, as an anodyne, calm, in some 
 degree, the ferment which might be excited by the other measure 
 alone. So two of the two Potomac members, White and Lee but 
 White with a revulsion of stomach almost convulsive agreed to 
 change their votes, and Hamilton undertook to carry the other 
 point. In doing this, the influence he had established over the east- 
 ern members, with the agency of Robert Morris with those of the 
 middle States, effected his side of the engagement, and so the as- 
 sumption was passed, and twenty million of stock divided among 
 favored States, and thrown in as a pabulum to the stock jobbing 
 herd. This added to the number of votaries to the Treasury, and 
 made its chief master of every vote in the Legislature which might 
 give to the Government the direction suited to his political A'iews. 
 
 I know well, and so must be understood, that nothing like a ma- 
 jority in Congress had yielded to this corruption. Far from it. 
 But a division not very unequal had already taken place, in the hon- 
 est part of that body, between the parties styled Republican and 
 Federal. 
 
 Mr. Randall observes that the whole amount of State debt and 
 interest included in " the assumption " ultimately proved about two 
 
252 SKETCHES OF DEBATES 
 
 and a half millions of dollars more than named by Mr. Jefferson. 
 Mr. Gallatin, a few years afterwards, observed, that had the United 
 States waited to assume the State debt till the accounts had been 
 finally settled, instead of assuming at random before a final settle- 
 ment had taken place, the very same result which now exists might 
 have been effected ; and the amounts of the Union with the indi- 
 vidual States might have been placed in the same relative situation 
 in which they now stand, by assuming eleven millions, instead of 
 twenty-two. The additional and unnecessary debt created by that 
 fatal measure amounts, therefore, to $10,883,628 58. (The State 
 debts were assumed to the amount of about twenty-one millions and 
 a half.) 
 
 Mr. Maclay Proceeds. 
 
 The pension bill came up from the House of Representatives. 
 The committee on the Indian bill reported that twenty thousand 
 dollars, in addition to seven thousand in the hands of the Secretary 
 at War, and six thousand in Georgia, in goods, should be granted 
 for the holding treaties with the Indians, and all this, when there 
 does not appear a shadow of reason for holding a treaty at all with 
 any Indians whatever. Opposition was vain. It was carried. 
 
 Now Mr. Morris came raging angry said he would vote against 
 everything. The committee had agreed to the Secretaries third 
 alternative for the principal, and three per cent, on the interest 
 due, and he had left them. The report came in after some time, 
 and it was proceeded on. I whispered to Mr. Morris, now we had 
 got the residence, it was our province to guard the Union, and pro- 
 mote the strengtji of the Union by every means in our power, 
 otherwise our prize would be a blank. I told him I would move a 
 postponement of the business, and I would wish a meeting of the 
 delegation this evening. He assented. A vast deal was said on 
 the subject of the contract, and breach of obligation. When I rose, 
 
 NOTE. The Elder Walcott writes, April 23, 1790, " Your observations re- 
 specting the public debts as essential to the existence of the National govern- 
 ment, are undoubtedly just. There certainly cannot, at present, exist any 
 other cement. The assumption of the State debts is as necessary, and, indeed, 
 more so, for the existence of the National government than those of any other 
 description. If the State governments are to provide for their payment, these 
 creditors will forever oppose all National provisions, as being inconsistent 
 with their interest ; which circumstances, together with the habits and pride 
 of local jurisdiction, will render the States very refractory. A refusal to pro- 
 vide for the State debts, which, it seems, has been done by a committee of 
 Congress, if persisted in, I consider as an overthrow of the National govern- 
 ment." Gibbs' Memoirs of Wolcott, J, page 45. See also Von Hoist's Consti- 
 tutional History of the United States, page 84. 
 

 IN THE FIRST SKXATK OF THK UNITKD STATKS. 253 
 
 and stated that I had no difficulty on that head. That we stood 
 here as legislators. Judges, and executive officers, were bound to 
 observe laws and contracts. But justice was the great rule which 
 we should govern our conduct by. The holder of the certificate 
 called : Do me justice. But the original performer of the service, 
 who sold it for one eighth part of the nominal value, and on whom 
 the tax to make it good is about to fall, cries : Do me justice also. 
 Both sides of this picture ought to be viewed, and their relative 
 numbers to each other. No guess could be made in this matter, 
 but by comparing the number of speculators with the number of 
 those who had sold, and perhaps the ratio would not be one to one 
 hundred. It was also true, there were a class of men, the original 
 holders, who were not embraced in the above description ; but if 
 we cast our eye over the calamities of the late war, they would ap- 
 pear to be the fortunate characters. All the others who touched 
 Continental money, were taxed by it, and it finally sunk in their 
 hands. The original holders have, if not the whole value, at least 
 something to show, <fcc., &c. I hoped for the progress of the public 
 business, and that a short postponement would perhaps bring us 
 nearer together, and moved for to-morrow, but it was not car- 
 ried. The report was pushed with violence, and all carried, twenty 
 members rising for it, four only sat two going out. The Presi- 
 dent said twenty for, four against. 
 
 When they came to the part for engrafting the assumption resolves 
 on the bill, Mr. Lee, with what assistance I gave him, retarded the 
 business a little. When I spoke I endeavored to narrow the ground 
 a little, and spoke solely to the question of combining the assump- 
 tion with the funding bill. The funding bill was to provide for the 
 domestic debt which floated at large, and was at this time in no 
 train of payment. The propriety of paying the foreign and domestic 
 was admitted by every person. It was really the business which 
 brought us together. But here we must not pass it unless we tack 
 it to another, which we consider as a political absurdity. This was 
 contradicting the spirit of free legislation. Every subject ought to 
 hang on its own merits. It was offering violence to our understand- 
 ings. I said a good deal on the subject, and could not restrain my- 
 self from going into the merits of the assumption. But I might as 
 well have poured out speech to senseless stalks or stones. It was 
 carried against us, fifteen to eleven. A committee was immediately 
 appointed to make the arrangements. We adjourned. 
 
 I came down stairs, and all the speculators, both of the Repre- 
 sentatives and city, were about the iron rails. Ames and Sedgwick 
 were conspicuous among them. The Secretary and his group of 
 
254 SKETCHES OF DEBATES 
 
 speculators are at last, in a degree, triumphant. His gladiators, with 
 the influence that has arisen from six dollars per day, have wasted 
 us many months in this place. But I cannot see that I can do any 
 further good here, and I think I had better go home. Everything, 
 even to the naming of a committee, is prearranged by Hamilton and 
 his group of speculators. I cannot even find a single member to 
 condole in sincerity with me over the political calamities of my 
 country. 
 
 July IT. Attended the Hall. Little was done, and we sat waiting 
 an hour for the committee to report the bill, with amendments. It 
 was done. An attempt was made to pass it immediately by a third 
 reading down to the House of Representatives. It was moved that 
 it should be printed. This was opposed. The President gave the 
 history of both the bill and resolutions. With respect to order, he 
 made this out to be third reading ; and of course the question would 
 be the sending it to the Representatives. 
 
 It was now proposed, as an expedient, that the Secretary should 
 read the bill from his desk, for information of the members. This 
 obtained, and now, behold, to a great many innovations and amend- 
 ments, a whole new clause was added. There was something of 
 unfairness in this. It was, however, ordered to be printed for 
 Monday. 
 
 When I came down stairs, Mr. Clymer came to where I stood, 
 with General Irwin. We talked over the general belief that the 
 assumption was forced on us to favor the views of speculation.. Mr. 
 Clymer mentioned one contract on which about 8/ in the pound had 
 been cleared on 80,000. General Irwin seemed to scruple 8/ in 
 the pound. Mr. Clymer said he was not so sure of the rate cleared, 
 but the sum speculated on was 80,000. Much of this business was 
 done in the 'Change alley way. Constable, however, is known, in 
 the beginning of the session, to have cleared thirty-five thousand 
 dollars on a contract for seventy thousand. The whole town almost 
 has been busy at it ; and of course all engaged in influencing the 
 measures of Congress. Nor have the members of Congress them- 
 selves kept their hands clean from this work. The unexampled 
 success has obliterated every mark of reproach, and from hence- 
 forth we may consider speculation as a congressional emploj^ment. 
 Nay, all the abominations of the South sea bubble are outdone in 
 this vile business. In wrath, I wish the same fate may attend the 
 projectors of both. 
 
 18th July. This day the delegation dined at Brandon's. Mr. 
 Morris stated to the representatives the train the business was in 
 with the Senate. Mentioned the importance of completing the fund- 
 
IN Tin: FIRST SKNATK OF THK UNITED STATKS. 255 
 
 ing law, particularly to us who now had the residence of Congress 
 before us. That the rising of Congress without funding might go 
 to shake and injure the Government itself, &c. We had much talk, 
 but nothing was concluded, or any agreement entered into. Mr. 
 Fitzsiminons averred, in the most unequivocal manner, the grand 
 object of the assumption to be the collecting all the resources of the 
 United States into one treasury. Speaking of the State of Penn- 
 sylvania, he avowed she would be a debtor State to a large amount 
 on the settlement of the accounts, and the next moment said she 
 would draw interest on $3,000,000 annually. It is not easy to 
 reconcile his assertions on this subject. A great deal of loose talk 
 passed among us. As I had the delegation together, I mentioned 
 my intention of going home, and desired to know if any of them 
 had any objection ; but no objection was made, and I believe I will 
 set off to-morrow afternoon. 
 
 July 19. I attended the Hall at the usual time. And now the 
 material business of the day, the consolidated funding bill and as- 
 sumption, were taken up. Mr. Morris showed a vindictive and ire- 
 ful disposition from the very start, and declared he would have the 
 yeas and nays on every question. This, in fact, is declaring war 
 against me only, as it is me only who they can affect in Pennsyl- 
 vania. I know they mean to slay me with the sword of the public 
 creditors. He was as good as his word, and moved every point to 
 increase the demand against the public, and uniformly called yeas 
 and nays. All the motions were made for augmentations by him, 
 Schuyler, and King. Vide the minutes for the yeas and nays. 
 
 When he moved that six per cent, should be paid on the back in- 
 terest, as there were but four of them for it, and enough tlid not 
 rise for the yeas and nays, I told him I was sorry to see him in dis- 
 tress, and jumped up. If I can turn these 3^eas aud nays against 
 him, the act will be a righteous one. 
 
 In the language and calculations of the Treasury, the third alter- 
 native is actually six per cent., without taking in the advantage of 
 quarterly over annual payments, grounded on the irredeemable 
 quality of the debt. But I realty question if we shall ever see that 
 'Change alley doctrine established here, which makes debt valuable 
 in proportion to that qualification. It never can happen without a 
 gradual fall of interest, which, in this country, may be rather con- 
 sidered as impracticable. 
 
 Before Congress met, I walked awhile across the Chamber with 
 Mr. Lee. He lamented, equally with me, the baneful effects of the 
 funding disease. No nation ever has adopted it, without having 
 either actually suffered shipwreck, or being on a voyage that must 
 
256 SKETCHES OF DEBATES 
 
 inevitably end in it. The separation from Great Britain seemed to 
 assign us a long run of political existence ; but the management of 
 the Secretary will soon overwhelm us with political ruin. Schuyler 
 assigned a new kind of reason this day for taxation. Three million 
 and a half of dollars raised annually, would be only one dollar per 
 head on an average. It was nothing, &c. It is true, it is not an 
 heavy tax, but it ought not to be imposed without necessity. 
 
 July 20. We went this day at the funding system, and pursued 
 it with nearly the same temper that we did yesterday. Mr. Morris 
 had often declared himself, that he would be for an assumption 
 equal to the representation, and had calculated a schedule for the 
 purpose ; but all I could say to him, he would not gratify me in 
 moving it. I knew there was no chance of carrying it. But he 
 levelled his whole force against the nineteenth section, which, in 
 fact, is the only one favorable to our State, for our existing State 
 debt cannot be much more than one million. I will refer to the 
 minutes for the proceedings of the day. Mr. Morris having often 
 threatened that he would vote against the bill, at last made this re- 
 markable speech : Half a loaf is better than no bread. I will con- 
 sent to the bill on behalf of the public creditors, for whom I am 
 interested, (I looked up at him, and he added,) as well as for the 
 rest of the Union. This last shed some palliation over his expres- 
 sions. 
 
 I contended that the speculators, generally, had dealt on the face 
 of the certificates ; or, if they dealt on the amount, it was always 
 at an abated rate. Clear proof they never expected the back in- 
 terest to be funded. By the bill, every hundred of principle draws 
 four annually ; and as the back interest is about on an average 
 equal to half the principal, (at least it is so by the Secretary's re- 
 port,) this, at three per cent., adds one and a half more equal 
 five and one half per cent, per annum for ten years ; and then 
 the other third, (or what is equal to it in 'Change alley circulation,) 
 comes in at six per cent., which added, gives about seven and a 
 half per cent, on the face of the original certificate. 
 
 I have turned the leaf, to note that I may consider myself as now 
 having passed the Rubicon with the Philadelphians. 
 
 Mr. Morris told me this day, I must allow myself to get the lands 
 of which he had spoken to me. I told him all on my part was 
 ready, only put the warrants into my hands. I, however, added : 
 We have ruined our land office by the assumption. The State cer- 
 tificates were the materials to buy lands with. The offices will now 
 be shut, for neither State money nor specie can be got or spared 
 
IN THE FIRST SENATE OF THE UNITED STATES. 257 
 
 for it. He was silent, and I really thought he looked as if he feared 
 that his conduct would be turned against him in the public eye. 
 
 July 21, 1790. King's motion of yesterday for postponement, 
 and sundry other matters which I had observed, made me fearful 
 that some storm was gathering. I called on Mr. Morris and ex- 
 pressed my apprehension, and proposed to him that if any unex- 
 pected maneuver should display itself, we should, with the utmost 
 apparent coolness, call for a concurrence of the resolution for the 
 adjournment on the 27th. 
 
 Attended at the Hall. The first business in the Senate was the 
 new bill of ways and means. Committed. 
 
 A message, with a bill, respecting consuls and vice consuls. 
 The bill for the military grants of lands to the Virginia officers. 
 Committed. 
 
 The Senate was now full, and the funding bill was taken up for 
 the last time. I made a despairing effort. 
 
 Having almost uniformly opposed the measures of Congress 
 during the present session, some general declarations of my prin- 
 ciples or motives may be necessary, to prevent any suspicion of a 
 disposition inimical to the Government itself. 
 
 First, then, I am totally opposed to the practice of funding, upon 
 republican as well as economical principles. I deny the power, as 
 well as justice, of the present generation charging debts, more es- 
 pecially irredeemable ones, upon posterity ; and I am convinced 
 that they will one day negative the legacy. I will suppose (sup- 
 positions are common in this House) that not one member of Con- 
 gress has been influenced by any personal motive whatever in ar- 
 ranging the American funding system, which now spins on the 
 doubtful point of pass or not pass ; and as it falls may turn up 
 happiness or misery for centuries to come. No ; I will take gen- 
 tlemen at their word, and believe that it is the glare of British 
 grandeur, supposed to follow from her funds, that has influenced 
 their conduct, and that their intentions are pure, wishing to render 
 America great and happy by a similar system. This will lead to an 
 iquiry into the actual state of Britain, and here, I trust, we shall 
 ind all is not gold that glitters. 
 
 It is (if I mistake not) about a century since the commencement 
 >f the English funds, or, in other words, since that nation began to 
 lortgage the industry of posterity to gratify the ambition and 
 ivarice of the then Government. Since that period, wars have 
 almost continual. The pretexts have been ridiculous balance 
 >f power, balance of trade, honor of the flag, sovereignty at sea, 
 but the real object was to fill the treasury to furnish oppor- 
 17 
 
258 SKETCHES OF DEBATES 
 
 tunity for royal peculation, jobs, and contracts for needy courtiers - 9 
 to increase the power of the Crown by the multiplication of revenue 
 and military appointments, and the servility of the funds, for every 
 stockholder is, of course, a courtier. The effect of these wars has 
 been the commotion of almost the whole world ; the loss of mil- 
 lions of lives ; and the English nation stands at this day charged 
 with a debt of about two hundred and fifty millions sterling, the 
 annual interest of which, and charges of collecting in that country ? 
 is above eleven millions annually, and would be above fifteen in this. 
 
 It has been said that this is nothing in a national point of view, 
 as the nation owes it to individuals among themselves. This is 
 true only in part, as foreigners draw great sums. Yet it is believed 
 that near half a million of the inhabitants of Great Britain, includ- 
 ing army, navy, revenue, and stockholders, are supported from the 
 treasury. The whole of them, be the number what it may, must be 
 considered as unproductive drones, who are ever ready to support 
 administration, be it ever so oppressive to their fellow-citizens. 
 
 There is another calculation said to be much more exact, viz : 
 That near a million of paupers, reduced by exorbitant taxes below 
 the power of housekeeping, are dependent on national charity and 
 poor rates. Great cry has been made about Mr. Pitt as the political 
 savior of his country. That he has paid part, and will, finally, 
 discharge the whole of the national debt. This is a vile deception. 
 By some management between him and the stockholders, as he buys, 
 they raise the price of the remaining stock, the aggregate value of 
 which is now greater, at market price, than when he began to pur- 
 chase, so that the nation, instead of gaming, is a loser to the amount 
 of the new duties imposed. It is not likely that the trading of 
 government in stock or certificates ever will have a different effect. 
 
 There is another part of his conduct for which I am ready to give 
 him proper credit. 
 
 It is in vain to expect the payment of the British debt in any 
 other way than by a national bankruptcy and revolution. Is this, 
 then, the precipice to which we would reduce the rising nation of 
 North America. It may be said none of us will live to see it. Let 
 us, at least, guard our memories from the reproach of such mis- 
 conduct. 
 
 It may be here asked : What then is to be done ? 
 
 Just what the public expectation called for. The western lands 
 have been considered from the beginning of the late contest as the 
 fund for discharging the expenses of the war. The old Congress 
 made laudable advances in this way. The present session has not 
 passed without applications on that subject, as well from companies 
 
IN THE FIRST SENATE OF THE UNITED STATES. 259 
 
 among ourselves as persons from Europe. We have now a revenue 
 far exceeding the limited five per cent., which was the desideratum 
 of the old Congress, and the want of which occasioned the forma- 
 tion of our present constitution, and fully sufficient to discharge a 
 reasonable interest, proportionate to the market price of the public 
 debt, until the whole is extinguished by the western sales. Thus 
 no one will sustain loss. Substantial justice will be done, and the 
 public expectation will be fully satisfied. But to bind down the pub- 
 lic by an irredeemable debt, with such sources of payment in our 
 power, is equally absurd as shackling the hands and feet with fetters 
 rather than walking at liberty. 
 
 The friends of the bill paid no attention whatever to me, and were 
 but too successful in engaging the attention of others by nods, 
 whispers, engaging in conversation, &c. Morris, Dalton, and some 
 others went out, and stayed for an hour. They carried the bill 
 against us fourteen to twelve. It is in vain to dissemble the 
 chagrin which I have felt on this occasion. 
 
 We had a resolution relating to Howell's committee. I am of the 
 committee. 
 
 Report of joint committee on settlement bill read for information, 
 but could not be acted on, as the bill is in the power of the lower 
 House. 
 
 I find I need be under no uneasiness about the residence bill. 
 
 July 22, 1790. Attended the Hall this day, as much to take the 
 wrinkles out of my face which my yesterday's disappointment had 
 placed in it, as for anything else. It is in vain to think of changing, 
 a vote any way. I can be of no further use, and will absolutely 
 leave them. It is certainly a defect in my political character that 
 I cannot help embarking my passions, and considering the interest 
 of the public as my own. It was so while I was at the bar, in re- 
 spect of my clients, when I thought their cause just. Well, be it 
 so. It has its inconveniences, and hurts my health ; but I declare 
 I never will endeavor to mend it. 
 
 Attended all the committees on which I was, and gave my opinion 
 as to the reports, &c. 
 
 In Senate the collection bill was reported. Almost an entire new 
 system, or the old one so renovated as to make a volume of new 
 work for Congress. I listened an hour to the reading of it. Rose, 
 bade a silent and lasting farewell to the Hall, and went to my lodg- 
 ings for the purpose of packing. 
 
 The following is written with a different ink, and may have been 
 written on a subsequent day. 
 
 And now at last we have taken leave of New York. It is natural 
 to look at the prospect before us. 
 
260 SKETCHES OF DEBATES 
 
 The citizens of Philadelphia (such is the strange infatuation of 
 self love) believe that ten years is eternity to them with respect to 
 the residence, and that Congress will, in that time, be so enamored 
 of them, as never to leave them ; and all this with the recent exam- 
 ple of New York before their eyes, wh'ose allurements are more than 
 ten to two, compared with Philadelphia. To tell the truth, I know 
 no so unsocial a city as Philadelphia. The gloomy severity of the 
 Quakers has proscribed all fashionable dress and amusement. De- 
 nying themselves these enjoyments, they, as much as in them lies, 
 endeavor to deprive others of them also ; while at the same time 
 there are not in the world more scornful or insolent characters than 
 the wealthy among them. . . . No ; these feeble expectations will 
 fail. Go they must. 
 
 Nay, taking it in another point of view. Political necessity urges 
 them, and a disruption of the Union would be the consequence of a 
 refusal. 
 
 There is, however, a further and more latent danger which attends 
 their going. Fixed, as Congress will be, among men of other minds, 
 on the Potomac, a new influence will, in all probability, take place, 
 and the men of New England, who have hitherto been held in check 
 by the patronage and loaves and fishes of the President, combined 
 with a firm expectation that his resignation (which is expected) will 
 throw all power into their hands, may become refractory, and en- 
 deavor to unhinge the Government. For my knowledge of the east- 
 ern characters warrants me in drawing this conclusion, that they 
 will cabal against and endeavor to subvert any government which 
 they have not the management of. 
 
 The effect must be sensibly felt in Philadelphia, should a great 
 commercial town arise on the Potomac. She now supplies all the 
 over hills country, and even the frontiers of Virginia and other 
 Southern States, with importations. This must cease ; nor need 
 she expect a single article of country produce in return from the 
 west side of Susquehanna. 
 
 It is true that the genius of Virginia and Maryland is rather 
 averse to exclusive commerce. The Southern planter, situated on 
 his extensive domain, surrounded with his slaves and dependents, 
 feels diminution, and loses his consequence by being jumbled among 
 brokers and factors. And yet we have seen what Baltimore has 
 become, in a few years, from the small beginnings of a few Pennsyl- 
 vanians at first, and afterwards by the accession of other strangers, 
 for, wherever the carcass of commerce is, thither will the eagles of 
 traffic be gathered. For my own part, I would rather wish that the 
 residence of Congress should not be subject to commercial influence. 
 
Lv THE FIRST SENATE OF THE UNITED STATES. 261 
 
 Too much has that influence, conducted by the interest of New Eng- 
 land , whose naval connections throws them into that scale , governed 
 nay, tyrannized in the councils of the Union. My consolation 
 for going to the Potomac is : That it may give a preponderance to 
 the agricultural interest. Dire, indeed, will be the contest, but I 
 hope it will prevail. I cannot, however, help concluding that all 
 these things would have been better on the Susquehanna. But, 
 quere,is not this selfish, too ? Aye; but it may, nevertheless, be just. 
 End of journal of the second session, and the last at New York. 
 
 Mr. Maclay has intimated that President Washington, during the 
 second session of Congress, exercised an influence in favor of lo- 
 cating the permanent seat of government on the Potomac. Wash- 
 ington probably felt a strong desire in favor of such a location, but 
 there is no reasonable 'probability that he used or encouraged any 
 means deemed by him improper in order to effect or promote it. 
 But Mr. Maclay has not furnished any evidence that the President 
 interfered during the first session in favor of the Potomac. 
 
 But from the journal it appears that the permanent seat might 
 then have been fixed on the Susquehanna, with the aid of Mr. Mor- 
 ris ; and at Germantown, with the assistance of Mr. Maclay. So 
 it appears that the permanent seat was lost to Pennsylvania by a 
 want of concert, or by reason of disagreement, between its own 
 Senators. 
 
 The speculations of Mr. Maclay as to the effect upon Philadel- 
 phia of the location upon the Potomac, have been futile. Wash- 
 ington has not become " a great commercial town ;" it has little or 
 no foreign commerce, but derives most of its mercantile supplies 
 from Baltimore and other more northern cities, and the commercial 
 interests of Philadelphia have not been materially impaired by the 
 southern location of the seat of government. The railroads and 
 coal fields, the vast agricultural and manufacturing operations, and 
 other industrial pursuits, of the people of Pennsylvania, have made 
 Philadelphia a great and prosperous city, worthy of the great State 
 in which it is situate. 
 
 Congress continued to sit after the termination of Mr. Maclay's 
 journal relative to proceedings during the second session, and ad- 
 journed till the first Monday of December, 1790, then to meet at 
 Philadelphia. 
 
THIRD SESSION OF THE FIRST SENATE. 
 
 On Monday, the 6th of December, 1790, the two Houses assem- 
 bled at the city of Philadelphia. 
 
 The Senate having assembled, it was ascertained that the Yice 
 President and thirteen Senators were present, {Mr. Maclay in- 
 cluded.) The Senate then received the credentials of Philemon 
 Dickinson, of New Jersey, in the place of Governor Patterson, re- 
 signed, and of James Monroe, in the place of William Grayson, de- 
 ceased. 
 
 The President, (Washington,) in his address, states that the dis- 
 trict of Kentucky, now a part of Yirginia, has concurred in certain 
 propositions contained in a law of that State, in consequence of 
 which the district is to become a distinct member of the Union, in 
 case the requisite consent of Congress be added. For this same, 
 the application is now made. 
 
 Mr. Maclay, in his journal, proceeds : 
 
 December 1, 1790. Late in the afternoon I arrived in Philadelphia, 
 in order to attend Congress, which is to meet on Monday next. 
 Saw nobod}- this afternoon nor evening. 
 
 2. Dressed, and called first on General Mifflin. He was abroad. 
 Then on Mr. Morris, who received me with frankness. Called on 
 the President, Clymer, and at Fitzsimmons'. 
 
 Met with Mr. Langdon, and went a visiting, in which we spent 
 the forenoon. Called in the evening at McConnell's, the broker. 
 He told me the public creditors were very busy, under their chair- 
 man, preparing petitions, memorials, &c., for Congress. He readily 
 joined me, said it was carried on to answer electioneering purposes. 
 
 Saturday, 4. I have deliberated much on the subject, whether I 
 will call to see Bingham, Powell, and others. I have called on 
 Morris, Clymer, and Fitzsimmons. Why not on them ? By the 
 rules of etiquette, perhaps, the}' should call on me. I have resolved 
 all over in my mind, Jacta est alea, and I will go. But as I went, 
 I fell in with Mr. Clymer, and away we went a visiting. Clymer 
 certainly means to be on good terms with me. We had two long 
 visits. I culled :i.t Bingham's. Found him at home, and had a long 
 
 (368) 
 
264 SKETCHES OF DEBATES 
 
 chat. Took leave, and left a card at Mr. Powell's. Called at Mr. 
 Chew's, who urged me to stay for dinner. I accepted his invitation 
 for two o'clock, and the rest of the day was accordingly disposed 
 of, for it was past three before we sat down. 
 
 I called twice this day at Dr. Rush's, but saw him not. Saw the 
 Speaker. The Speaker said, on the authority of Dr. Rush, that we 
 would all be reflected. Believe it not. 
 
 Sunday, 5. Was sent for early by Mr. Morris on the subject of 
 taking up frontier lands. I agreed to procure him a draft of such 
 parts of the State as had vacant lands in them. No contract with 
 him. I mean to have such a draft made for the use of the members 
 of the Assembly, or, at least, for their information. Pressed me to 
 dine with him. Did so. 
 
 Mr. Powel returned my visit. Yisited Langdon in the evening. 
 
 Monday, 6. My brother informed me this morning that Charles 
 Thompson had applied to one Collins, a member from Berks, for 
 his interest to obtain my place as Senator. 
 
 Attended at the Hall at eleven. A Senate was formed, but no 
 business done, save the sending a message by our Secretary to the 
 Representatives that the Senate was ready to proceed to business. 
 Spent the rest of the day in visiting. 
 
 December 7. Attended, at eleven, at the Hall. A House was 
 formed by the representatives. On the Tth of January last, King 
 had introduced a new record altogether 011 the minutes, the inten- 
 tion of which was to secure the delivery of the President's speech 
 in the Senate Chamber. A resolution verbatim with the entry of 
 last January was moved, carried, and sent down for concurrence. 
 While this was done with us, a resolution passed the Represent- 
 atives for a joint committee waiting on the President, with informa- 
 tion that quorums were formed in both Houses. Our Secretary and 
 the clerk passed each other on the stairs with their respective reso- 
 lutions. Each House appointed committees under their own reso- 
 lutions, and the committees met. The representatives urged that 
 it was idle to name any place to do business in until it was known 
 whether any business would be done. The President was in our 
 favor. This silly thing kept us talking an hour and a half. The 
 clerk of the Representatives announced the non-concurrence of our 
 resolution. This had like to have raised a flame, but a motion was 
 at length made and carried for the concurrence of the resolution 
 which came up. The joint committee now waited on the President, 
 who charged them with information that he would to-morrow, at 
 twelve o'clock, deliver his speech to both Houses in the Senate 
 Chamber, and so ended this arduous affair. The Senate adjourned. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 265 
 
 The first levee was held this day, at which I attended. 
 
 8. This was the day assigned for the President to deliver his 
 speech, and was attended with all the bustle and hurry usual on such 
 occasions. The President was dressed in black, and read his speech 
 well enough, or at least tolerably. After he was gone, and the Sen- 
 ate only remained, our President seemed to take great pains to read 
 it better. If he had such a view, he succeeded ; but the difference 
 between them amounted to this : one might be considered as at home, 
 and the other in a strange company. The speech was committed. 
 Let me return to the President. Does he really look like a man 
 who enters into the spirit of his employment ? Does he show that 
 he receives it in trust for the happiness of the people, and not as a 
 fee simple for his own emolument ? Time and practice will, perhaps, 
 best elucidate this point. 
 
 December 9. This day in the Senate afforded neither motion nor 
 debate. The communications hinted at in the President's speech 
 were delivered to us and continued to be read till past two o'clock, 
 when the Senate adjourned. 
 
 A war has been actually undertaken against the Wabash Indians, 
 without any authority of Congress ; and what is worse, so far as in- 
 telligence has come to hand, we have reason to believe it has been 
 unsuccessful. Mind what comes of it. 
 
 The Vice President, Mr. Wyngate, and some more of us, stood 
 by the fire. When the affairs of France were talked, I said the Na- 
 tional Assembly had attacked royalty, nobility, hierarchy, and the 
 bastile altogether, and seemed likely to demolish the whole. The 
 Vice President said it was impossible to destroy nobility it was 
 
 founded in nature The Vice President's 
 
 arguments were drawn from the respect shown to the sons of emi- 
 nent men, although vicious and undeserving. 
 
 When the parties had nearly exhausted themselves, I asked whether 
 our Indians might not be considered as having devised an excellent 
 method of getting rid of this prejudice by ranking all the children 
 after the mother. This sent off the whole matter in a smile. Adams, 
 however, either never was cured, or is relapsed into his nobili- 
 mania. 
 
 December 10. This day was unimportant in the Senate. The 
 committees reported an answer to the President's speech. The echo 
 was a good one, and was adopted without material amendment. 
 
 A packet had arrived from France some time ago, directed to the 
 President and members of Congress. The President, from motives 
 of delicacy, would not open it. It came to the Senate and was sent 
 back to the President, and now returned. opened. It contained a 
 
266 SKETCHES OF DEBATES 
 
 number of copies of the eulogiums delivered on Doctor Franklin, 
 by order of the National Assembly. Our President looked over 
 the letter some time, and then began reading the additions that fol- 
 lowed the President's name. He was a Doctor of the Sorbonne, 
 &c., &c., to the number of fifteen, (as our President said.) These 
 appellations of office he chose to call titles; and then said some 
 sarcastic things against the National Assembly, for abolishing titles. 
 I could not help remarking that this whole matter was received and 
 transacted with a coldness and apathy that astonished me ; and the 
 letter and all the pamphlets were sent down to the Representatives, 
 as if unworthy the attention of our body. I deliberated with my- 
 self whether I should not rise and claim one of the copies in right 
 of my being a member. I would only have got into a wrangle by 
 so doing, without working any change on my fellow members. There 
 might be others who indulged the same sentiments, but 'twas silence 
 all. 
 
 13th. The Senate having adjourned over from Friday to this day, 
 (Monday,) nothing of public nature has taken place. I was en- 
 gaged Saturday and this morning in negotiating the sale of some 
 certificates, which I completed, and placed the money in the bank. 
 
 The minutes were read about half after eleven, and the committee 
 on the business reported that the President had appointed twelve 
 to receive our address. Twelve soon came, and we went on this 
 piece of formality, which finished the senatorial business of the 
 day. 
 
 This day completed the sale of Mr. Harris' certificates* at the 
 most I could make of them. 
 
 General Harmer's Expedition. 
 
 Official information was communicated to the Senate of General 
 Harmar's expedition. The ill fortune of the affair breaks through 
 all the coloring that is given to it. 'Tis said one hundred Indians 
 have been killed. But two hundred of our own people have cer- 
 tainly perished in the expedition. 
 
 * NOTE. The certificates were those which John Harris, the founder of Har- 
 risburg, received for the 3,000 he lent to the Government immediately after 
 the declaration of independence. They were sold for about seventeen shill- 
 ings and six pence for the pound, the interest from 1776 thus being lost. 
 
 General St. Clair. 
 
 f NOTE. After the defeat of General Harmar, General Arthur St. Clair be- 
 came commander-m-chief of the army designed to operate against the Miami 
 Indians. General Harmar had been, but a short time before, defeated. 
 When St. Clair was about to leave to take command of the expedition, Presi- 
 
IN THE FIRST SENATE OF THE UNITED STATES. 267 
 
 Levee Day. 
 
 This was levee day, and I accordingly dressed and did the need- 
 ful. It is an idle thing, but what is the life of man but folly, and 
 this is, perhaps, as innocent as any of them, as far as respects the 
 persons acting. The practice, however, considered as a feature of 
 royalty, is certainly anti-republican. This certainly escapes no- 
 body. The royalists glory in it as a point gained. The republi- 
 
 dent Washington had a parting interview with him, in which he observed, 
 you have had your instructions from the Secretary of War. I had an eye to 
 them. I will add, " beware of surprise." You know how Indians fight. I 
 repeat, " beware of surprise." But St. Clair was surprised and was defeated, 
 Washington refused to convene a court of inquiry, and St. Clair resigned. 
 Congress, however, appointed a committee of investigation, which exonerated 
 him. He afterwards applied to Congress to remunerate him for moneys ad- 
 vanced by him while in the revolutionary service. Whilst his matter was 
 before Congress, General Ogle, of the Somerset district, in western Pennsyl- 
 vania, earnestly and eloquently remarked : "This was a subject not to be men- 
 tioned in the House in the face of day ; the treatment of that man ought to be 
 spoken of here only in the night. For his part, if there was a statute as strong 
 as brass, or as solid as the pillars of the Capitol, he would blow it to powder 
 to do justice to a soldier of the Revolution." 
 
 The above has been taken from a memoir relative to John Smilie, long a 
 member of Congress from the Fayette district, in Western Pennsylvania, by 
 the late James Veech, Esquire, of Pittsburgh. 
 
 A memoir of General Ogle, by Doctor William Elder, will be found in 
 Putnam's Magazine for June, 1853, page 661, &c. The following is a part of 
 that memoir in reference to a public address by General Ogle, and which is 
 here cited as illustrative of his strong common sense, and rude, impassioned 
 eloquence : 
 
 "I tell ye, my dear fellows, we have had the wool pulled over our eyes by 
 the European writers, which we are all the time reading. Of course they 
 know no better than to call Bonaparte a hero, and Wellington another for 
 conquering him. That will do for tother side of the water, for everything is 
 great or small by comparison. But comparing themselves with themselves 
 they are not wise ; and they don't know enough to discern the true standard. 
 Heaven help them to better doctrine and diet. They will have such generals 
 as Washington and Jackson, when they have the same occasion for them; and 
 when they go to fighting for progress, instead of power, and organize their 
 civil institutions in the faith of the people's honesty and capacity for self-gov- 
 ernment, fully, fairly, and faithfully, they may put their achievements dow r n 
 upon the page of history in parallel columns with us." 
 
 In relation to General St. Clair, it is a'dded that the act of Congress in his 
 behalf failed by a vote of fifty to forty-eight, but the Legislature of Pennsyl- 
 vania at length, in his old age and poverty, came to his relief so far as to pass 
 an act granting him $200, to be paid immediately, and an annuity % of $350 dur- 
 ing life, to be paid half yearly. The act was approved by Governor Snyder 
 on 10th March, 1817. The old General did not live long to enjoy the benefit 
 of the enactment. He died in August, 1818. 
 
 In 1794, the Indians 011 the Miami were defeated by General Wayne, and 
 in the next year a treaty was made with them. 
 
268 SKETCHES OF DEBATES 
 
 cans are borne down by fashion, and a fear of being charged with a 
 want of respect to General Washington. 
 
 December 15. This day was really a blank in the Senate. Two 
 petitions were presented, which being only counterparts of what 
 were expected to be acted upon in the lower House, were laid on our 
 table. Mr. Morris was called often out by our own citizens. The 
 door-keeper named the people who sent in for him. P. Muhlenburg 
 was one. Col. Hartley was another. This day certificates raised 
 four pence in the pound. 
 
 December 18. Being Saturday, and excessively cold, stayed at 
 home all day. Was visited by Madison, Bishop, and White, and 
 many other respectable characters. 
 
 Monday paid some visits. Attended at the Hall. Congress were 
 engaged until about three, with the reading of a long and most im- 
 prudent memorial from the public creditors. 
 
 Tuesday, 21. The memorial and remonstrance of the public cred- 
 itors engaged us some time. I saw, or at least thought I saw, a 
 storm gathering in the countenances of the Senators yesterday, and 
 moved an adjournment. I told Mr. Morris of it, and he agreed it 
 was so, and for fear of this same storm, he moved an adjournment 
 this day. But Schuyler had a long motion ; it concluded with the 
 danger and inexpediency of any innovation in the funding. A 
 variety of opinions were now offered as to the time of proceeding 
 to-morrow. . Thursday agreed to take it up. This day the 
 
 Governor of our State was proclaimed. Mr. Morris spoke early to 
 me. His words were : I expect every moment to hear from the dele- 
 gation who are now meeting to fix a time to wait on the Governor, 
 and I will let you know of it. I waited, but heard nothing from 
 him. 
 
 December 22. I called this morning on the Comptroller, and he 
 was obliging enough to send for Mr. Smilie, and did my character 
 justice in respect to sundry aspersions cast on it by Mr. Finley and 
 Smiley. 
 
 I cannot help wishing myself honorably quit of this enviable sta- 
 tion. What an host of enemies has it not raised about me, with 
 calumny and detraction in everv corner. Fate but grant me this, 
 that their dissentions and cabals may protract the election until my 
 period be expired ; and if you find me in this city twenty-four hours 
 longer, inflict what insult you please on me. Placed on an emi- 
 nence, slander and defamation are the hooks applied to pull me 
 down. It is natural to make some efforts to disengage oneself from 
 such grapplings, yet even the slightest endeavor of this kind is rep- 
 robated as an attempt to procure votes. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 269 
 
 December 23. Attended at the Hall. Mr. Morris was late in com- 
 ing. And now the resolution respecting the public creditors, or 
 rather in answer to their memorial, was taken up. Every mode was 
 tried to let them down eas}% as the phrase is. Great accommoda- 
 tion was tried to get Mr. Morris to come into the measure, and it 
 really seemed more than once that he was satisfied with Ellsworth's 
 modification of the resolution. King offered a second, or, perhaps, 
 I might say a fourth one, which was adopted. Mr. M. told me he 
 would agree to it. But a number rose for the yeas and nays. Mr. 
 Monroe, of Virginia, desired to be excused, and was so. Mr. Morris 
 was the only nay. I was in good humor myself, although I consid- 
 ered the vote of this day as waging a war with the public creditors, 
 in which I will most probably lose my reelection, and was sorry to 
 see my colleague manifest such a degree of peevishness. He left 
 the Senate chamber immediately after the vote. 
 
 A vote for the inexpediency of altering the funding system at this 
 time from a person who uniformly opposed the system in its passage 
 into a law may seem to require some apology. 
 
 My vote proceeds, not from an approbation of the funding sys- 
 tem, but from a total disapprobation of the memorial now before us. 
 Upon republican principles, I hold the voice of the majority to be 
 sacred. That the funding law has obtained that majority is undeni- 
 able, and acquiescence is our duty ; but I never will subscribe to a 
 blind and unalterable one. The making debts irredeemable and per- 
 petual is a power that I am convinced posterity will spurn at. The 
 western lands are the natural fund for the redemption of our na- 
 tional debt. It is now unproductive. Perhaps, the fault is ours that 
 it is so. As soon as it is otherwise, I would be happy to see all 
 stock made strictly personal, unalienable, and incapable of descent, 
 or any negotiation, save commutation into lands ; and let it die with 
 the obstinate speculator who refuses such commutation. The stock- 
 holder to any amount is an unproductive character. Worse ; he is 
 the tool of a bad administration. A good one needs none. It is 
 enough that we have seen one generation of them. Let us not per- 
 petuate the breed. Their children, cut off from such expectations, 
 will be restored to industry. 
 
 It is a fact, that the six per cent.'s are now nearly at par, or at 
 least this appearance is kept up among the speculators. An act, 
 passed hastily just at the close of the last session, directed the bor- 
 rowing two millions of dollars, with design of buying in the public 
 debt, and lessening it. The real object was the increasing it, by 
 raising the value. Three millions of florins have been borrowed, in 
 
270 SKETCHES OF DEBATES. 
 
 pursuance of this law. The board of purchase, named in the law, 
 completed their purchase of November at about 12/4d on the face, 
 and t/3 arrears. It was natural to expect this would be about the 
 standing value ; but by one effort of impudence, par was demanded 
 in three days on the appearance of the Treasurer's advertisements. 
 
 December 24. The papers full of advertisements this day, of stock 
 of every kind for sale, and there is no doubt but the show of sales 
 nearly at par will be kept up, in order to save appearances, and 
 cover the advanced prices which are daily given by the board of 
 purchases, through the medium of the Treasury. 
 
 This whole matter of purchasing in stock, to sink the debt, osten- 
 sibly, has really no other object but to raise the value of it, and so 
 to make immense fortunes to the speculators, who have amassed 
 vast quantities of certificates for little or nothing. I did not think 
 it possible that mankind could be so easily duped, and yet there 
 never was a vainer task than to attempt to undeceive them. 
 
 Yery little done in the Senate this day. Sundry communications 
 were made from the Representatives, relating to the settlement of 
 post St. Yincennes, on the Wabash. Which were laid on our 
 table. 
 
 Relative to a National Bank. 
 
 Yesterday, the Secretary's report on the subject of a national 
 bank was handed to us, and I can readily find that a bankjwill be 
 the consequence. Considered as an aristocratic engine, I have no 
 great predilection for banks. They may be considered, in some 
 measure, as operating like a tax in favor of the rich, against the 
 poor, tending to the accumulating in a few hands ; and under this 
 view, may be regarded as opposed to republicanism. And yet, 
 stock, wealth, money, or property of any kind whatever accumulated, 
 has a similar effect. The power of incorporating may be inquired 
 into. But the old Congess enjoyed it. Bank bills are promissory 
 notes, and of course not money. I see no objection in this quarter. 
 The great point is, if possible, to prevent the making of it a machine 
 for the mischievous purposes of bad ministers ; and this must de- 
 pend more on the vigilance of future legislators, than on either the 
 virtue or foresight of the present ones. 
 
 December 25. I was this day assured that the six per cent.'s were 
 above par. The law for purchases allows the overplus money in 
 the Treasury, after satisfying the appropriations, to be laid out in 
 the purchase of certificates, as well as the two millions of dollars to 
 be borrowed abroad. It was originated and passed after I left New 
 York, and is certainly the most impudent transaction that I ever 
 
Ix THE FIRST SENATE OF THE UNITED STATES. 271 
 
 knew in the political world. I regret my being absent when it 
 passed, although my presence could have had no effect whatever on 
 the progress of it, further than I would have borne my testimony 
 against it. This nominal reduction, is a virtual raising of the whole 
 value of the debt. Something of this kind, I have heard, is common 
 in England. When Governments attempt a purchase of any kind 
 of stock, the holders of that kind of stock never fail to raise the 
 residue. Hamilton must have known this well. Our speculators 
 or stockholders knew all this. They have a general communication 
 with each other. They are actuated by one spirit, or I should 
 rather sa}' by Hamilton. Nobody (generally speaking) but them 
 buys ; it is easy for them, by preconcert, to settle what proposals 
 they will give in ; and these being filed, the commissioners are jus- 
 tified in taking the lowest. I Cannot, however, help predicting that 
 when the florins are out there will be a crash, and the stocks will 
 fall. 
 
 December 26. Being Sunday, my brother agreed with me that we 
 would visit Doctor Logan. This man has every testimony, both of 
 practice and profession, in favor of his republicanism. He has 
 been in the Assembly of Pennsylvania, and there had it in his 
 power to have formed a coalition with the city interest. He has r 
 however, continued firmly attached to the rural plans and arrange- 
 ments of life, and the democratic system of government. His motto 
 is vox populi, vox Dei. But mottoes and professions now-a-days 
 are as the idle wind, which no one ought to regard unless supported 
 by practice ; and scarce can you depend on practice, unless you see 
 it embracing interest. This has been, in some degree, his case. We 
 had been but a little while with him, when we were joined by Judge 
 Burke, of South Carolina. This is the very man who, while in 
 New York, railed so tremendously against the Quakers, and against 
 Philadelphia, and indeed all Pennsylvania, for having Quakers. 
 But behold a wonder. Now he rails against slavery, extols Quak- 
 ers, and blazes against the attentions showed to General Washing- 
 ton, which he calls idolatry ; and that a party wish as much to 
 make him a king, as ever the flatterers of Cromwell wished to raise 
 him to that dignity. 
 
 Doctor Logan has Oswald's paper at his devotion, and I can fore- 
 see that Burke will discharge many of his sentiments through this 
 channel. Burke said many just things, but he is too new a convert 
 to merit confidence. I find, however, on examination, that this is 
 the same man who wrote against the Cincinnati. 
 
 Monday, 27. Just as I came out of the door of the Hall, Hart- 
 ley had fallen, and broke his arm. I was among the first to show 
 
272 SKETCHES OF DEBATES 
 
 him every attention that his situation required, and the more espe- 
 cially as I have reason to consider him as inimical to my re-appoint- 
 ment to the Senate of the United States. 
 
 This day produced nothing of consequence in the Senate. My 
 attention to Hartley prevented my returning into the Senate 
 Chamber. 
 
 Tuesday, 28. Attended the Senate as usual. A slight debate 
 took place respecting a law for continuing to the States of Rhode 
 Island, Maryland, and Georgia the power to levy certain duties of 
 tonnage for the purpose of repairs on their respective ports. The 
 bill was re-committed, with two additional members added to the 
 committee. 
 
 Levee Day. 
 
 This being levee day, I attended in a new suit. This piece of duty 
 I have not omitted since I came to town, and, if there is little harm 
 in it, there cannot be much good. A reelection might be among my 
 misfortunes. 
 
 December 29. This day a blank in the Senate with respect to 
 any business of importance. Mr. Morris told me I was blamed for 
 not going among the members, and speaking to them. One party 
 watch and ridicule me, if I am seen speaking a word to a member. 
 In order to avoid the censure of them, I have rather secreted my- 
 self from the members, and the fault is fixed on me. 
 
 I called this evening at the lodging of some of the members who 
 were out. Fitzsimmons had often said he was at home in the even- 
 ing, and desired me to call. I drank tea with him and the family. 
 Sat a good while. The chat was various. He did not touch the 
 subject of my reelection. He did not come with me to the door 
 when I took leave. As much as to say, I want no private commu- 
 nication. Be it so. If I want help T I need not look to him for it. 
 Whatever is, is best ; and I have little doubt that my rejection, if 
 it takes place, will be best. 
 
 December 30. Attended at the Hall at the usual time. A com- 
 munication from the President respecting the prisoners at Algiers, 
 fourteen of whom only are alive, was delivered to the Senate. Read, 
 and committed to the Committee on the Mediteranean Navigation. 
 
 Did some business about the offices. Called and sat a good part 
 of the evening with White, who had two of the Lancaster members 
 with him. I need say nothing more to them. They now know me. 
 From White I had much information of the whispers, inuendoes, 
 and malevolent remarks made respecting me. It was painful, and 
 I could not refrain demanding of him what or whether any charge 
 
UNIVERSITY 
 
 OF 
 
 &LIFORJ 
 
 --?rrr.-^-^^s 
 
 IN THE FIRST SENATE OF THE UNITED STATES. 273 
 
 was made against me. No, no, nothing in particular ; but every- 
 body says the people don't like you. The people won't hear of 
 your reelection. Who are they that say so ? The leading mem- 
 bers of the Assembly. Officers of the Land Office. Citizens of 
 Philadelphia, and others. 
 
 Quere. Is not the same spirit that dictated the ostracism at 
 Athens, the petalism at Syracuse, and similar measures in other 
 places, still prevalent in the human mind and character ? The true 
 oause of these banishments, whether by the oyster shell or olive 
 leaf, was really to remove a blameless rival out of the way of less 
 deserving competitors for office, by the name and clamor of the 
 people, when no other cause could be alleged against him. In 
 this way is there not, in every free country, where the competition 
 for office is laid open, a constant ostracism at work on the character 
 of every man eminent for worth or talents ? These arts will no 
 doubt prevail on many occasions, but they will not be universally 
 successful. When they do, we must submit to them as in some 
 measure inseparable from republicanism. 
 
 December 31. Attended the Senate this day, where nothing was 
 done of any consequence. Sundry papers relating to the inhabi- 
 tants of post Vincent or Vincennes, on the Wabash, were committed. 
 I was of the committee. 
 
 I went a visiting with Langdon. Dined this day with Mr. Morris. 
 I can observe in general rather a coolness of the citizens towards 
 me. Be it so. I will endeavor not to vex myself much with them. 
 This is the last day of the year, and I have faithfully noted every 
 political transaction that has happened to me in it. And of what 
 avail has it been ? I thought it possible that I would be called on 
 with respect to the part I had acted in Senate, by the Legislature 
 of Pennsylvania, or at least by some of them. But is there a man 
 of them who has thought it worth while to ask me a single ques- 
 tion ? No. Are they not, every man of them, straining after offices, 
 posts, and preferments ? At least every one of them who has the 
 smallest chance of success ? Yes, verily ; nor is there a man who 
 seems to care a farthing how I acted, but wish me out to make a 
 vacancy. Reward from men it is in vain to look for. It is, how- 
 ever, of some consequence to me that I have nothing to charge my- 
 self with. 
 
 31. Having some leisure on hand, I have looked over my min- 
 utes for the last month. It is with shame and contrition that I find 
 the subject of my reelection has engaged so niuch or, indeed, any of 
 my thoughts. Blessed with affluence, domestic in my habits and 
 manners, rather rigid and uncomplying in my temper, generally op- 
 18 
 
274 SKETCHES OF DEBATES 
 
 posed in sentiments to the prevailing politics of the times, no place- 
 man, speculator, pensioner, or courtier, it is equally absurd for me 
 to wish a continuance in Congress, as to desire to walk among briars 
 and thorns rather than on a beaten road. It may be said a love for 
 the good of my country should influence my wishes. Let those 
 care to whom the trust is committed ; but let me never beg for that 
 trust when, in my own opinion, I have been of so little service, and 
 have sacrificed both health and domestic happiness at the shrine of 
 my country. Nothing that I could do, either by conversation o-r 
 writing, has been wanting to let men see the danger which is before 
 them. But seeing is not the sense that will give them the alarm. 
 Feeling only will have this effect ; and it is hard to say how callous 
 even this may be. Yet when the seeds of the funding system ripen 
 into taxation of every kind, and upon every article ;, when the gen- 
 eral judiciary, like an enforcing engine, follows them up, seizing and 
 carrying men from one corner of a State to another, and, perhaps, 
 in time, through different States, I should not at all be disappointed 
 if a commotion, like a popular fever, should be excited, and at least 
 attempt to throw off these political disorders. Ill, hfowever, will 
 that government be, under which an old man cannot eke out ten or 
 a dozen years of an unimportant life in quiet ; and may God grant 
 peace in my day. 
 
 But as to the point in hand, let me now mark down some rules 
 for my future conduct. 
 
 First, then, let me avoid anything that may seem to savor of singu- 
 larity or innovation ; call on and speak to my acquaintances as for- 
 merly ; but avoiding, with the utmost care, the subject of senatorial 
 election, and everything connected with it. If any other person in- 
 troduces it, he must be either a real or pretended friend. Hear him, 
 therefore, with complacence and even with a thankful air ; avoid 
 every wish or opinion of my own, especially of the negative kind, 
 for everything of the sort will hazard my sincerity. 
 
 Should an election come on while I am in town, stay in my place 
 during the time of it ; and if it should be adverse, a thing I can 
 scarce doubt of, immediately send in my resignation, as the appoint- 
 ment of another person must be considered as unequivocal proof 
 of my having lost the confidence of the State. For this purpose, 
 let my letter of resignation be ready, all to the filling the date ; 
 and revise it while I am cool, for it is not unlikely that, with so 
 many eyes upon me, I may undergo some perturbation at the time. 
 Lastly, have my mare in readiness ; and let the first day of my lib- 
 erty be employed in my journey homewards. A determination of 
 this kind is certainly right ; for I have tried, and feel my own in- 
 
IN THE FIR- T SENATE OF TIN-; UNITED STATES. 275 
 
 significance and total inability to give the smallest check to the 
 torrent which is pouring down upon us. A system is daily devel- 
 oping itself, which must gradually undermine and finally destroy 
 our so much boasted equality, liberty, and republicanism. High 
 wages, ample compensations, great salaries to every person con- 
 nected with the Government of the United States. The desired 
 effect is already produced ; the frugal and parsimonious appoint- 
 ments of the individual States are held in contempt. Men of pride, 
 ambition, talents, all press forward to exhibit their abilities on the 
 theater of the General Government. This, I think, may be termed 
 grade the first ; and to a miracle has it succeeded. The second grade 
 or stage is to create and multiply offices and appointments under 
 the General Government, by every possible means, in the diplomacy, 
 revenue, judiciary, and military. This is called giving the Presi- 
 dent a respectable patronage a term, I confess, new to me in the 
 present sense of it, which I take to mean neither more or less than 
 that the President should always have a number of lucrative places 
 in his gift, to reward those members of Congress who may promote 
 his views, or support his measures ; more especially, if by such con- 
 duct they should forfeit the esteem of their constituents. We talk 
 of corruption in Britain. I pray we may not have occasion for 
 complaints of a similar nature here. Respice finem, as to the third. 
 
 January 1, 1T91. Neither Congress nor the Legislature of the 
 State met this day. I went to settle some business with the Comp. 
 t roller of the State, but he was equally complaisant to the da} r or the 
 Government. I determined to do something since I was out. I 
 visited Hartley, who lies ill with his broken arm. Just as I passed 
 the President's, Griffin called to me, and asked whether I would 
 not pay my respects to the President. 1 was in boots and had on 
 my worst clothes. I could not prevail on myself to go with him. 
 I had, however, passed him but a little way, when Osgood, the Post- 
 master General, attacked me warmly to go with him. I was pushed 
 forward by him ; bolted into the presence ; made the President the 
 compliments of the season ; had a hearty shake by the hand. I 
 was asked to partake of the punch and cakes, but declined it. I 
 sat down, and we had some chat. But the diplomatic gentry and 
 foreigners coming in, I embraced the first vacancy to make my 
 bow and wish him a good morning. 
 
 I called next on the Governor of the State, and paid my com- 
 pliments, and so came home to my dinner ; and thus have I com- 
 menced the year 1791. 
 
 January 2. Being Sunday, I stayed at home in the forenoon and 
 
276 SKETCHES OF DEBATES 
 
 attended at meeting in the afternoon. To worship once on the day 
 devoted to the Deity is as small a compliment as decency can pay 
 to the religion of any country, and a regard to health will prefer 
 the after to the forenoon service, at this season of the year, as the 
 fire in the stoves has had then time to produce a general effect in 
 warming the house. I saw nobody this day, but received a letter 
 from home by Col. Cook. 
 
 January 3. Being Monday, I attended at the Hall early, on a 
 committee respecting the settlers on the Wabash and Mississippi. 
 The business being tedious, the committee agreed to meet to-mor- 
 row, at ten o'clock. . . . We had a communication from the Presi- 
 dent, with some nominations, and one from the Representatives, 
 respecting the Algerines. It was from Jefferson. It held out that 
 we must either go to war with these piratical States, compound 
 and pay them an annual stipend and ransom our captives, or give 
 up the trade. The report seemed to breathe resentment, and 
 abounded with martial estimates in the naval way. We have now 
 fourteen unhappy men in captivity at Algiers. I wish we had them 
 relieved and the trade to the Mediterranean abandoned. There 
 can be no chance of our wanting a market for our produce. At 
 least nothing of the kind has yet happened. 
 
 This day the bank bill reported. It is totally in vain to oppose 
 this bill. The only useful part I can act is to try to make it of 
 some benefit to the public, which reaps none from the existing 
 banks. 
 
 January 4. Tuesday, attended early on the committee on the 
 Wabash business. I could not help remarking the amazing predi- 
 lection of the New England people for each other. There was no 
 room for debate, but good sense, and even demonstration herself, 
 if personified, would be disregarded by the wise men of the East, 
 if she did not come from a new England man. 
 
 Several bills were read this day, and business proceeded in the 
 usual routine without any debate of consequence. 
 
 Levee Day. 
 
 It was levee day. I dressed, and did the duty of it. Handed a 
 petition of Mr. Adlum's to Major Jackson. Nothing else of conse- 
 quence happened. This petition business carried me there, and now, 
 I think, unless I am somehow called on, I will never see them more. 
 
 January 5, Wednesday. Attended early at the Hall to meet the 
 committee, but they let me sit an hour without attending me. Strong 
 had not made his draft of a report, and was busy at it in the Secre- 
 tary's office, and Ellsworth would do nothing without him. But, 
 at last, both drafts, Strong's and mine, were produced. I was ready 
 
Ix THE FIRST SKNATK OF TIIK UNITED STATES. 277 
 
 to condemn my own when there was a shadow of objection, but even 
 this conduct would not excite a particle of candor. I, however, 
 cared but little, and was so well guarded that the smallest semblance 
 of discontent did not escape me. General Dickerson came in. He 
 took me to one side. You have, said he, enemies in this place. I 
 dined yesterday with the Governor. He is your enemy. He said: 
 You will be hard run, and mentioned Smiley as being your com- 
 petitor. I thanked him for the communication, nor could I do less, 
 however indifferent I might be as to the event. 
 
 Thursday, 6. Nothing of consequence to the continent was 
 transacted this day, unless it was the report of the committee on 
 the Algerine business. The amount of it was : First, the trade of 
 the American States in the Mediteranean cannot be supported with- 
 out an armed force, and going to war with them. Secondly, this 
 ought to be done as soon as the Treasury of the United States will 
 admit of it. It is evident that war has been engaged in with the 
 Indians on the frontiers in rather an unadvised manner, and it is 
 also evident that there is a wish to engage us in this distant war 
 with these pirates. All this goes to increase our burden and taxes, 
 and these, in a debate of this day, were called the only bonds of 
 our Union. I will certainly oppose all this. 
 
 Dined this day with Mr. Biugham. I cannot say that he affects 
 to entertain in a style beyond everything in this place, or, perhaps, 
 in America. He really does so. There is a propriety, a neatness, a 
 cleanliness, that adds to the splendor of his costly furniture and 
 elegant apartments. I am told he is my enemy. I believe it. But 
 let not malice harbor with me. It is not as William Maclay that he 
 opposes me, but as the object that stands in the way of his wishes 
 and the dictates of his ambition. 
 
 January 7. Attended Senate as usual. We reported a bill for 
 the Wabash and Illinois donation. Sundry other things were done 
 in the usual routine of business. The Kentucky bill was taken up. 
 I considered it as so imperfectly drawn with respect to what was to 
 be the boundaries of the new State, that I opposed it, and there 
 was much altercation on the subject, but entirely in the gentlemanly 
 w:i y. It ended in a postponement, with the consent of the Virginia 
 member, Mr. Monroe. 
 
 Mr. Morris stayed out all the time of the debate. When the Sen- 
 ate adjourned, he asked me to go and eat pepper-pot with him. I 
 agreed, and accordingly dined with him en familie. I cannot be- 
 lieve that he is my enemy with respect to my reelection the thing 
 is impossible. I chatted with the family till near dark, and came 
 home, as I had an opportunity, with Mr. Hanna. 
 
278 SKETCHES OF DEBATES 
 
 The human heart , really a strange machine. I certainly have 
 severely felt the inconvenience of being from home these two years 
 past, and my judgment plainly tells me that I am wrong in having 
 submitted to it. Further, I cannot help knowing that my reelection, 
 with no friends and many enemies, is impossible ; and yet, under all 
 these circumstances, the man who expresses favorable wishes is by 
 far the most acceptable to me. But, upon the whole, this is right. 
 Good will ought to beget gratitude ; but, oh, what a recollection is 
 it, that under such circumstances I am independent ; or, in other 
 words, that my manner of living has always been within my means. 
 
 Mondajr, 10. Attended the Hall as usual. The bank bill was the 
 order of the day. I did not embark deeply, but was up two or three 
 times. The debates were conducted rather in a desultory manner. 
 The objectors were Izard, Butler, and Monroe. A postponement 
 took place. 
 
 Tuesday, 11. The bank bill taken up, and the debates became 
 rather more close and interesting. I was up several times, but the 
 debates rather on collateral points than on the substance of the bill. 
 The ostensible object held out by Butler and Izard were, that the 
 public should have all the advantages of the bank ; but showed no 
 foundation for this no system no plan or calculation. They were 
 called on to show any, and were promised support if they could 
 show any practicability in their system. Till after three o'clock 
 was the matter agitated, and a postponement broke up the business 
 of the day. 
 
 Wednesday, 12. The bank was the business of this day; but 
 Monroe called for a postponement of the subject, and succeeded. 
 
 A bill was now called up respecting consuls and vice consuls. This 
 bill was drawn and brought in by Ellsworth, and, of course, he hung 
 like a bat to every particle of it. The first clause was a mere chaos 
 style, preamble, and enacting clause, all jumbled together. It was 
 really unremendable at least the shortest way to amend it was to 
 bring in a new one. 
 
 This same Ellsworth is a striking instance how powerful a man 
 may be in some departments of the mind, and defective in others. 
 All powerful and eloquent in debate, he is, notwithstanding, a mis- 
 erable draughtsman. The habits of the bar and the lists of litiga- 
 tion have formed him to the former ; the latter is, in a great degree, 
 the gift of nature. 
 
 I dined this day with Mr. Nicholson. The company, Mr. Mont- 
 gomery, Smiley, B. McClenahan, T. Smith, Kittera, Hamilton, and 
 others. Desultory conversation on a variety of subjects. I left 
 them soon, for from some hints it seemed as if they meant to dis- 
 
IN TJIK FIKST SENATE OF THE UNITKD STATUS. 279 
 
 course of the appointment of a Senator, &c. But I will not disgrace 
 myself in this business. Circumstanced as I am, all the caballing 
 and intrigue I could exercise would not be effectual. And suppose 
 me successful, what am I to gain? Pain, remorse, vexation, and 
 loss of health ; for I verily believe that my political wrangles have 
 affected my corporeal feelings, so as to bring on, in degree, my 
 rheumatic indisposition. It is a melancholy truth, but I see plainly 
 that even the best men will not emerge to office in republics without 
 submitting, either directty or indirectly, to a degree of intrigue. It 
 is not, perhaps, so much the case in monarchies, for even tyrants 
 wish to be served with fidelity. Sed ubi plurima notent non ego 
 pancis offendar maculis. 
 
 Thursday, January 13. This day the bank bill was debated, but 
 in so desultory a manner as not to merit the commitment of any- 
 thing to paper. 
 
 This day I dined with General Dickinson. As I went there, I 
 fell in with Mr. Morris. He told me that great discontents pre- 
 vailed in the General Assembly, and that they were about to in- 
 struct their Senators. 
 
 The dinner was a great one, and the ladies, three only of whom 
 attended, were richly, or at least fashionably, dressed. Nothing re- 
 markable. I sat between two merchants of considerable note. I 
 broached the subject of the bank, and found them magnetically 
 drawn to the contemplation of the moneyed interest. 
 
 Friday, 14. This day, the bank engaged us to the hour of ad- 
 journment. It was limited to twenty years. Mr. Morris had yes- 
 terday declared, that the public ought to subscribe on the same 
 terms as other individuals. It was not so in the bill. I showed 
 him an amendment to this purpose, and asked him to support me 
 in it. He said Schuyler had told him that Hamilton said it must 
 not be altered, but concluded, I will speak to Hamilton about it, 
 Adjourned over till Monday. 
 
 Saturday, 15. This a very disagreeable day. I stayed at home, 
 and read Price on Annuities. I find he establishes an opinion 
 which I had long entertained, that women are longer lived than 
 men. This I used to charge to accidents and intemperance. But 
 he goes further, and seems to place it in nature as more males 
 than females die in infancy. 
 
 Sunday, 16. Went to meeting, and caught some cold, as usual. 
 Spent the residue of the day in reading. 
 
 Monday, 17. This day Mr. Morris stayed very late. Langdon 
 came, and complained of him : " This alwa} T s his way. He never 
 will come when there is any debate." He, however, came. I asked 
 
280 SKETCHES OF DEBATES 
 
 him whether he had called on Hamilton. No. I said I had a mind 
 to move a re-commitment, that the Secretary of the Treasury mi^ht 
 be consulted, and furnish the committee with calculations on the 
 subject, as I had no doubt but he had such. He said he would 
 move such a thing, but did not. The question was put on the 
 clause. Several said aye. I got up spoke longer than I intended 
 and made such a motion, but my colleague did not second me. I 
 was seconded by Butler. 
 
 And now such a scene of confused speeches followed, as I have 
 seldom heard before. Everyone affected to understand the subject,, 
 and undervalue the capacities of those who differed from himself 
 If my mental faculties and organs of hearing do not both deceive 
 me, I really never heard such conclusions attempted to be drawn. 
 I wanted some advantage to the United States. They were to sub- 
 scribe two millions specie. Ellsworth repeatedly said, they were to 
 do this only as a deposit, and I am convinced he wanted to deprive 
 the public of all advantage, save that of safe-keeping, and conve- 
 nience in collecting, which they could derive from the banks in 
 existence, as well as from any new one. All other persons had 
 the power of subscribing three fourths, in public securities. It was 
 contended that this was nothing against the public, although, it was 
 admitted on all hands, that the six per cent.'s were now at 16/ in 
 the pound. King, Ellsworth, and Strong, all harped on this string. 
 
 I am now more fully convinced than ever I have been, of the 
 propriety of opening our doors. I am confident some gentlemen 
 would have been ashamed to have seen their speeches of this day, 
 reflected in a newspaper of to-morrow. We sat till a quarter after 
 three, and adjourned without any question being put. 
 
 I know not whether this fear of taking the question did not arise 
 from some pointed expressions which fell from me. I told them 
 plainly that I was no advocate for banking systems. That I con- 
 sidered them as machines for promoting the profits of unproductive 
 men. That the business of the United States, so far as respected 
 deposits, could be done in the present banks. That the whole proCt 
 of the bank ought to belong to the public, provided it was possible 
 to advance the whole stock on her account. I was sorry that this 
 at present was not possible. I would, however, take half, or I 
 should rather, in the present case, say one fifth, of the loaf rather 
 than no bread. But I must remark that the public was grossly im- 
 posed on in the present instance. While she advanced all specie, 
 individuals advanced three fourths in certificates, which were of no 
 more value in the support of the bank than so much stubble. To 
 make this plain : Suppose the vaults empty, and a note presented 
 
IN THE FIRST SENATE OF THE UNITED STATES. 281 
 
 for payment, would the bearer take certificates as specie? ' No; 
 verily. Besides, the certificates were all under interest already, and 
 it was highly unjust that other paper should be issued on their 
 credit which bore a premium, and operated as a further tax on the 
 country. 
 
 Tuesday, 18. This day the bank bill was taken up again. I feel 
 much reluctance to minute anything on this subject. I never saw 
 the spirit of speculation display itself in stronger colors. Indeed, 
 the guise of regard for the interest of the public was not preserved. 
 Two millions of specie is to be subscribed by the public. This is to 
 be the basis of the bank ; and the other subscribers, who are to draw 
 dividends according to their subscriptions, are to pay three fourths 
 in certificates. King evidently wanted, by a side wind, to exclude 
 the public from any dividend, under an idea which he strongly in- 
 culcated, that the subscription of the public was to be over and 
 above the capital ten millions of the bank ; and was to be con- 
 sidered as deposit. A position which resolves itself into this : That 
 the public should find the specie to support the bank, whilst the 
 speculators, who subscribe almost wholly in certificates, receive the 
 profits of the dividends. 
 
 January 19. This day the bank bill passed all through. The last 
 clause was caviled at. I supported it, on the principle that any 
 law containing a grant of any kind, should be irrepealable. Laws 
 touching the regulation of morals, manners, or property, are all 
 made on the principle of experiment, and accommodation to time 
 and place ; but when legislators make grants, the deed should re- 
 main inviolate. Three opinions prevailed in Senate respecting this 
 bill ; or rather, I should say, three motives of action. The most 
 prevalent seemed to be, to accommodate it to the views of the stock- 
 holders, who may subscribe. The Potomac interest seemed to re- 
 gard it as a machine, which, in the hands of the Philadelphians, 
 might retard the removal of Congress. The direction of it was 
 their object. 7 really wished to make it as subserviant to the 
 public interest as possible. Though all professed this, yet I thought 
 few gave themselves any trouble to promote it. I cannot help add- 
 ing a sincere wish, that the integrity of the directors may make 
 amends for the want of it in many of the legislators who enacted it. 
 For in the hands of bad men, it may be made a most mischievous 
 engine. But, indeed, so may even the best of human institutions. 
 
 January 20. The business of this day was the third reading of 
 the bank bill. The same questions were agitated over again, but 
 without heat. It was moved to reduce the limitation to ten years. 
 I at one time thought this long enough, but I conversed on the 
 
282 SKETCHES AND DEBATES 
 
 subject with every moneyed man I could find, and they uniformly 
 declared that the}'' would not subscribe on so short a period ; and 
 the consequence would be that they would all join in supporting 
 the old banks and bearing down the national one. I sincerely wish 
 to derive a benefit to the public from the bank ; and considering 
 that the public are, in this respect, in the hands of the moneyed in- 
 terest, I thought it best to agree to such bargain as we could make, 
 and accordingly voted against this, viz., the motion to limit the term 
 of the bank to the year 1801, instead of 1811. Accident threw me 
 in company with these men, but I abhor their design of destroying 
 the bank altogether. Mr. Morris came very late this day, indeed 
 not until all the business was over, but he desired leave to have his 
 vote inserted on the minutes, which was granted to him. 
 
 Dinner with the President 
 
 Dined with the President this day. Sundry gentlemen met me 
 at the door, and though I rather declined, they pushed me forward. 
 After I had made my bows, and was inclining toward a vacant seat, 
 the President, who rose to receive me, edged about on the sofa, as 
 he sat down, and said, here is room ; but I had put myself in motion 
 for another vacant seat. A true courtier would have changed, but 
 I am not one, and sat on the opposite settee or sofa with some New 
 England men. At dinner, after my second plate had been taken 
 away, the President offered to help me 'to part of a dish which 
 stood before him. Was ever anything so unlucky. I had just be- 
 fore declined being helped to anything more, with some expression 
 that denoted my having made up my dinner. Had, of course, for 
 the sake of consistency, to thank him negatively. But when the 
 dessert came, and he was distributing a pudding, he gave me a look 
 of interrogation, and I returned the thanks positive. He soon 
 after asked me to drink a glass of wine with him. This was readily 
 accorded to, and what was remarkable, I did not observe him drink 
 with any other person during dinner. But I think this must have 
 been owing to my inattention. 
 
 Giles, the new member from Yirginia, sat next me but one. I 
 saw a speech of his in the papers, which read very well, and they 
 say he delivers himself handsomely. I was, therefore, very atten- 
 tive to him. But the frothy manners of Yirginia were ever upper- 
 most. Canvass back ducks, ham, and chickens, old Madeira, the 
 glories of the ancient dominion, all amazingly fine, were his con- 
 stant themes. Boasted of personal prowess, more manual exercise 
 than any man in New England ; fast, but fine, living in his country, 
 wine or cherry bounce from twelve o'clock to night, every day . . 
 
IN THE FIRST SENATE OF THE UNITED STATES. 283 
 
 Declared for the assumption and excise, &c. He is but a young 
 man, and seems as if he always would be so. 
 
 But, after this digression, let me turn to the unexpected incident 
 of dining with the President, and to his marked attention to me. 
 He knows the weight of political odium under which I labor. He 
 knows that my uniform opposition to funding systems, (at least, to 
 ours,) assumptions, high compensations, and expensive arrange- 
 ments have drawn on me the resentment of all the speculators, pub- 
 lic creditors, expectants of office, and courtiers in the State. There 
 is another point which, I presume, he does not know, viz : That I 
 will receive no support from the republican or opposition party, for 
 there is not a man of them who is not aiming at a six dollar prize, 
 and my place is the best chance in the wheel. But he knows enough 
 to satisfy him that I will be no Senator after the 3d of March, and 
 to the score of his good nature must I place these extra attentions. 
 Be it so. It is, at least, one amiable trait in his character. 
 
 The Appearance of the President. 
 
 I have, however, now seen him for the last time, perhaps. Let 
 me take a review of him as he really is. In stature, about six feet, 
 with an unexceptionable make, but lax appearance. His frame would 
 seem to want filling up. His motions, rather slow than lively, 
 though he showed no signs of having suffered either by gout or 
 rheumatism. His complexion, pale now, almost cadaverous. His 
 voice, hollow and indistinct, owing, as I believe, to artificial teeth 
 before in his upper jaw, which occasioned a flatness of 
 
 The rest of this description wanting. 
 
 Friday, January 21. This was a day of no great business in the 
 Senate. Colonel Gunn, of Georgia, wanted copies of the secret 
 journaL Much talk passed about his application. He was, how- 
 ever, gratified. In fact, we have never kept our journal agreeable 
 to the constitution. All the executive part has been kept secret 
 without any vote for it. A committee is, however, appointed, and 
 the matter will hereafter be under better regulation. 
 
 We received some lengthy communications from Captain O'Brien 
 and the prisoners at Algiers. A committee of the Senate some 
 time ago recommended a war with them. War is often entered into 
 to answer domestic, not foreign, purposes. I fear such was the de- 
 sign of the present report. It was even talked how many ships 
 should be fitted out, and of what force. But O'Brien seems to show 
 plainly that a peace may be obtained on easy terms by furnishing 
 them with naval stores. We have it plainly also from his letters 
 that the French, Danes, and, above all, the British have done us all 
 
284 SKETCHES OF DEBATES 
 
 the injury in their power with the Algerines. In fact, all who are 
 at peace with them are decidedly against us, and have done us all 
 the disservice they could. The former report was re-committed, and 
 these papers referred to them. 
 
 Mr. Morris came late, and left us soon. We adjourned at about 
 half after two o'clock. George Robinson, one of the clerks of the 
 Treasury, returned from New York, where he had been sent by the 
 Secretary. Among his letters he pointed to a packet, and said it 
 contained ninety thousand dollars. How can I help believing that 
 speculation was the object of his journey. 
 
 Saturday, 22. The Speaker of the House of Representatives (of 
 Pennsylvania) called on me yesterday, asked me to go and visit with 
 him this day. I agreed, and called at his house about ten. He was, 
 however, gone. His House sat this da}^,and this will be his excuse. 
 I went to the Chamber of the State Representatives. The resolu- 
 tions against the excise were the order of the day, and were passed 
 by a great majority. The arguments were not important, nor strik- 
 ing. Some ill-nature was expressed by Mr. Finley, against a Mr. 
 Evans. I feel sincere pleasure that so much independence has been 
 manifested by the yeomanry of Pennsylvania. Indeed I am fully 
 satisfied that if a spirit of this kind was not manifested from some 
 quarter or another, our liberties would soon be swallowed up. I 
 trifled away the rest of the day. Much as was said in the Chamber 
 of Representatives, they seem totally ignorant of the principle that 
 seems to actuate the adherents of Hamilton. Taxes originally 
 flowed from necessity. Ways and means follow unavoidable ex- 
 pense. Here the system seems reversed. The ways and means are 
 obvious to every reader of a register of European taxes. We have 
 lands, slaves, and cattle, and every article of European or Asiatic 
 convenience or luxury is used among us. The difficulty is to find 
 plausible pretext for extending the arm of taxation, and ways and 
 means to consume the collected treasures ; and the reigning party 
 seem to consider themselves as wanting in duty, if the fiscal rent- 
 roll should fall short of the royal revenues of England. 
 
 Sunday, 23. I had firmly devoted this day to my family, in the 
 way of writing letters, but just as I had adopted the resolution, a 
 message was brought me from Governor Langdon, to go with him 
 to meeting. This I could not refuse. Before I was half dressed, 
 I received a polite note from Mr. Morris, to be one of his friends 
 at a family dinner, and this I could not refuse ; and before I had 
 quite dressed, Langdon called on me. We attended at Arch Street 
 Meeting. 
 
IN THE FIRST SENATE OF THE UXITKD STATES. 285 
 
 Dined with Mr. Morris. The company, Judge Wilson, Governor 
 St. Clair, General Butler. General Irwin was expected, but did 
 not como. We were sociable, and I sat later than I usually do. 
 
 Monday, 24th January. This day voluminous communications 
 were introduced by Secretary Lear. A volume of a letter from 
 Doctor O'Fallon to the President, avowing the raising a vast body 
 of men in the Kentucky country to force a settlement in the Yazoo 
 country ; the state of Indian affairs, both in the southern and gov- 
 ernment northwest of the Ohio ; the translation of all which was 
 a want of more troops. 
 
 The Ten Miles Square. 
 
 But the most singular of all was a proclamation for running lines 
 of experiment for the ten miles square. The message accompany- 
 ing the proclamation calls for an amendatory law, permitting the 
 President to locate lower down, and to lay half of the square in 
 Virginia. This seems like unsettling the whole affair. I really am 
 surprised at the conduct of the President. To bring it back, at any 
 rate, before Congress is certainly the most imprudent of all acts. 
 To take on him to fix the spot by his own authority, when he might 
 have placed the three commissioners in the post of responsibility, 
 was a thoughtless act. I really think it not improbable that oppo- 
 sition may find a nest to lay her eggs in, from the unexpected man- 
 ner of treating this subject. The general sense of Congress cer- 
 tainly was that the commissioners should fix on the spot, and it 
 may be a query whether the words of the law will warrant a differ- 
 ent construction. The commissioners now are only agents of de- 
 marcation, mere surveyors to run four lines of fixed courses and 
 distances. 
 
 Sold my stock : six per cent.'s at seventeen shillings four ; deferred 
 and three per cent.'s at nine. 
 
 Mr. Brown, of Northampton, called on me, and told me that 
 Muhlenberg was very busy in giving oyster suppers, &c., and 
 seemed to think that I should go more among the members, &c. I 
 find that I will offend him and some others if I do not. But it is 
 a vile commerce, and I detest this beast worshipping. How melan- 
 choly a thing is it that the liberties of men should be in the hands 
 of such creatures I cannot call them men. But Brown seemed to 
 think that Muhlenberg had made an impression on the Governor or 
 some of them. Be it so. 
 
 I went and called on a number of the members of Assembly, and 
 Senators all seemed fair and smooth. Some of them, indeed, said 
 expressly that they would support me at the ensuing election, be- 
 
286 SKETCHES OF DEBATES 
 
 lieving that to be the object of my visit, as it, in some measure, 
 was. Sed nulla fides fronti may be applied to many of them. 
 
 The bill regulating consuls and vice consuls had the second read- 
 ing this day. 
 
 A letter from the National Assembly of France on the death of 
 Doctor Franklin was communicated from them, and received with 
 a coldness that was truly amazing. I cannot help painting to my- 
 self the disappointment that awaits the French patriots, while their 
 warm fancies are figuring the raptures that we will be thrown into 
 on the receipt of their letters, and the information of the honors 
 which they have bestowed on our country man, and anticipating the 
 complimentary echoes of our answers, when we, cold as clay, care 
 not a fig about them, Franklin, or freedom. Well we deserve what 
 do we deserve ? 
 
 January 27. This day communications were received from the 
 President of the United States, relating to Indian depredations. A 
 post on the Muskingum cut off. The wishes of many people are 
 gratified to involve us in war. To involve us in expense, at any 
 rate, seems to be the great object of their design. It, perhaps, 
 would be unjust perhaps, cruel to suppose it. But had a system 
 been needed to involve us in the depth of difficulties with the In- 
 dians, none better could have been devised. 
 
 Last year, at New York, much altercation happened whether a 
 discrimination in the duties of tonnage should not be made in favor 
 of foreign nations in treaty with us. This measure was lost, al- 
 though, in my opinion, a just one. The court of France remonstrates 
 against the duties, expecting favors as a nation in treaty. Some 
 gentlemen, on the receiving the communications, affected recanta- 
 tion publicly, and, by these very means, obtained themselves to be 
 put on the committee. This day they report against the claims of 
 France. 
 
 When the matter of no discrimination was carried in Congress 
 in our first session, I could hardly suppress a thought, which I felt 
 ready to spring up in my mind, that some persons wished to destroy 
 the confidence between us and France, and bring us back to the fish 
 (or flesh) pots of British dependence. This I charge to the influ- 
 ence of the city of New York, but Philadelphia has not altered the 
 tenor of their political conduct. 
 
 Ellsworth could not rest a moment all this day. He was out, and 
 in and out, all on the fidgets. Twice or thrice was an adjournment 
 hinted at, and as often did he request that it might be withdrawn, 
 expecting the excise bill to be taken out. But he had to bear his 
 impatience. Three o'clock came before the bill. I can see that he 
 will stand foremost in the gladiatorial list. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 287 
 
 Friday, 28. The excise bill came up; but, oh, what a mistake. 
 It is only a bill for discontinuing certain duties, and laying others 
 in their stead. The odious name is omitted, but the thing is the 
 same 1 . It was read and ordered to the press. 
 
 The report of the committee on the difference with the Court of 
 France was taken up. Almost everybody gave it against the French 
 demands. I differed from them on some points ; but as I could not 
 obtain a sight of the papers, I joined in the motion for postpone- 
 ment, which was carried. 
 
 Saturday, 29. Called twice this day at the office of our Secretary 
 to get the French papers. Otis says Carroll took them away. Went 
 to hear the debates in the State Senate. The resolutions for in- 
 structing the Senators had been postponed yesterday, expressly for 
 the purpose of obtaining a sight of the bill, which is in its passage 
 through Congress. But the same men pushed for a decision this 
 day. The State has now an opportunity of seeing the benefit of 
 two Houses. The division was nine to eight. The yeas and nays 
 were called. Graff, of Lancaster, was going home. This was the 
 reason of pushing the vote this day. Assemblymen and Senators 
 may be equally considered as Representatives of the people. From 
 the division of the two Houses, the voice of the people appears to 
 be unequivocally against an excise. 
 
 Sunday, 30. Not well this day, and stayed at home most of the 
 day. Went, in the evening, to the funeral of Judge Bryan. This 
 man rests from his labors. He had the qualities of industry and 
 love of freedom. He was the father of the abolition law.* 
 
 Monda} r , the excise bill read a second time ; but the bill not being 
 in our hands, it was made the order of the day for Wednesday. 
 
 The affair of the French discontents taken up. God forgive me 
 if I wrong some people ; but there certainly have been more censo- 
 rious conclusions than to charge some people with a design of break- 
 ing our connexion with France. 
 
 When or how will all these mad measures lead us ? We hear it 
 ever in our ears, that the present General Government, with respect 
 to the persons who compose it, contains the collected wisdom and 
 learning of the United States. ' It must be admitted that they have 
 generally been selected on account of their reputation for knowl- 
 edge, either legal, political, mercantile, historical, &c. Newspapers 
 are printed in every corner. In every corner ambitious men abound, 
 for ignorance or want of qualification is no bar to this view. 
 
 * NOTE. Meaning the Pennsylvania act of 1st March, 1780, for the abolition 
 of slavery. 
 
288 SKETCHES OF DEBATES 
 
 Friday, 28. He states that the excise bill for discontinuing cer- 
 tain duties, and laying others in their stead, was taken taken up ; 
 was read ; and ordered to the press. 
 
 Tuesday, 1st February. This day I had much to say against the 
 report of a committee which went to declare war against the Al- 
 gerines. It is not suspicion that the designs of the court are to 
 have a fleet and army. The Indian war is forced forward to justify 
 our having a standing army, and eleven unfortunate men, now in 
 slavery in Algiers, is the pretext for fitting out a fleet to go to war 
 with them. While fourteen of these captives were alive, the bar- 
 barians asked about $35,000 for them ; but it is urged that we should 
 expend half a million of dollars rather than redeem these unhappy 
 men. I vociferated against the measure, and, I suppose, offended 
 my colleague. This thing of a fleet has been working among our 
 members all the session. I have heard it break out often. 
 
 Wednesday. The excise bill read over, and remarked on, and 
 committed to five members. I gave notice that I would endeavor 
 to show that a much lower duty would answer the demand of the 
 Secretary. I spoke to sundry of the members to second a general 
 postponement for the session, but not a man approved of any such 
 thing. 
 
 Thursda}^, 3d February. This day was unimportant in the Sen- 
 ate. No debate of consequence took place. I was called off the 
 street to dine with a Quaker at about two o'clock. As he seemed 
 very friendly, I eat heartily of a good dinner, and was perfectly 
 easy ; much more than I could say of the great dinners where the 
 candles are ready to be brought in with the going out of the last 
 dishes. This high life is really very distant from nature. All is 
 artificial. 
 
 Friday, 4th February. This day we had a large report from the 
 Secretary of State transmitted to us from the House of Represent- 
 atives respecting the fisheries of New England. The great object 
 seems to be the making them a nursery for seamen, that we, like all 
 the nations of the earth, may have a navy. We hear every day dis- 
 tant hints of such things as these. In fact, it seems we must soon 
 forego our republican innocence, and, like all other nations, set apart 
 a portion of our citizens for the purpose of inflicting misery on our 
 fellow mortals. This practice is felony to posterity. The men so 
 devoted are not only cut off, but a proportionate share of women 
 remain unmatched. Had the sums expended in war been laid out 
 in meliorating the kingdom of England or any other modern gov- 
 ernment, what delightful abodes might they have been made. 
 Whereas, war leaves only traces of desolation. 
 
IN THE FIRST SENATE OF THE UNITED STATES. 
 
 Saturda}', 5th February. No report from the committee. It was 
 agreed to that the powers of the inspectors should extend only to 
 importations and distillations, but I find Hamilton will have even 
 this modified to his mind. 
 
 7th February. There certainly is a design of quarreling with 
 France, and that Jefferson should seem to countenance this. What 
 can this mean ? I am really astonished at all this. I think I must 
 be mistaken, and yet to think so is to disbelieve my senses. And 
 what can I do ? I have attempted everything and effected nothing, 
 unless it be to render myself an object of aversion. For well in- 
 deed speaks the poet : 
 
 Truths would you teach, or save a sinking land, 
 All fear, none aid you, and few understand. 
 
 Tuesday, 8th February. The Senate met. The appropriation bill 
 had the last reading. 
 
 There was a pause about taking up the excise bill, like people 
 pausing on the brink of a precipice, afraid to take the dangerous 
 leap. However, it was at length attempted, and we blundered 
 along to the fourth section. Objections had been made to this sec- 
 tion, and it was expected the committee would alter it. They have 
 done so with a vengeance. It now runs that there shall be an in- 
 spector general over a district, the district to be divided into sur- 
 veys and an inspector to be set over each survey, who shall appoint 
 people under him to do the business. As many of them to be ap- 
 pointed as the President shall think proper, and he shall pay them, 
 too. The members, by degrees, stole away. The men who did so 
 showed their disapprobation in their looks. It is in vain. Our 
 Government cannot stand. All my opposition has been considered 
 as vain babbling. But to get quit of it, in some degree, the busi- 
 ness of commitment has taken place, and now the majority have a 
 kind of scape goat in the committee, and a pretext for following 
 them and disregarding opposition, under the idle idea of their 
 knowing best, having consulted Hamilton, &c., &c. 
 
 Wednesday 9th February. The excise bill has passed, and a 
 pretty business it is. The ministry foresee opposition, and are pre- 
 paring to resist it by a band, nay a host, of revenue officers. It is 
 put in the power of the President to make as many districts, appoint 
 as many general surveyors and as many inspectors of survey as he 
 pleases, and thus multiply force to bear all down before him, War 
 and bloodshed is the most likely consequence of all this. Congress 
 may go home. Mr. Hamilton is all powerful, and fails in nothing 
 which he attempts. Little avail as I was sure it would be of, I nev- 
 ertheless endeavored not to be wanting in my duty, and told them 
 19 
 
290 SKETCHES OF DEBATES 
 
 plainly of the precipice which I considered them as having ap- 
 proached ; that the Legislature of Pennsylvania had been obliged 
 to wink at the violation of her excise laws in the western parts of 
 the State, ever since the Revolution ; that, in my opinion, it could 
 not be enforced by collectors or civil officers of any kind, be they 
 ever so numerous, and that nothing short of a permanent military 
 force could effect it. This, for aught I knew, might be acceptable 
 to some characters. I could only answer for myself, that I did not 
 wish it and would avoid every measure that tended to make it ne- 
 cessary. 
 
 Thursday, 10th February. Some letters, however, have come in 
 since yesterday, from New England ; and Strong was willing to 
 move the reductions which we wanted. After the bill was read over 
 and ready for the question, Foster, from Rhode Island, moved a re- 
 duction of three cents on the distillations from molasses, &c. I 
 rose and seconded him, on condition of his extending the motion 
 through all the distillations in the United States, and a reduction to 
 forty cents on the contents of stills. 
 
 King objected to the lessening of the ratio, as productive of defi- 
 ciencies in the revenue demanded. I showed, in answer, that the 
 importations into the port of Philadelphia, and the sum expected 
 from the stills in this State, would go a great way towards raising 
 one half of the $826,000 demanded by the Secretary. 
 
 Ellsworth answered, with rudeness, that I was mistaken that the 
 Secretary demanded a million and a half. I replied by reading part 
 of the Secretary's report, which confirmed the position I had made, 
 and repeated my other arguments. He did not reply. 
 
 At half after three, the question was ready to be put. Henry, of. 
 Maryland, told me he had a bet depending with Butler on the divis- 
 ion of the House, and desired the yeas and nays. I needed not this 
 excuse, and called sharply for the yeas and nays. Vv 7 ith all their 
 strength, they were startled ; and up got King, and round and round, 
 and about and about ; one while commit ; then recommit ; then post-' 
 pone. Ellsworth, too, had the world and all to say ; and now, in 
 fact, they are afraid of the figure they have raised ; and the fourth 
 section was recommitted. 
 
 llth February. I find this day that the reason of recommitting 
 the excise bill was to enable Hamilton to come forward with some 
 new schemes. Three new clauses were brought forward, and all 
 from the treasury. The obnoxious one (at least to me) was the 
 putting it in the power of the President to form districts by cutting 
 up States, so as to pay no respect to their boundaries. This was 
 curiously worded. For fear of the little States taking any alarm > 
 
IN THE FIRST SENATE OF THE UNITED STATES. 291 
 
 it stood, by adding, " from the great to the lesser States." This 
 thing they got adopted. And having been successful so far, King 
 got up and talked about it and about it. He wanted the United 
 States divided into a number of districts, independent of any of the 
 State boundaries. Like an Indian at the war post, he wrought him- 
 self into a passion declared that we had no right to pay any more 
 attention to the State boundaries than to the boundaries of the Cham 
 of Tartary. 
 
 Up got Ellsworth and echoed most of what he said ; but said he 
 wished only three great districts, and the President might subdivide 
 each into six. 
 
 When he had done, up got Mr. Morris, and declared himself in 
 sentiment with Mr. King, and spoke against the conveniency of the 
 State boundaries. 
 
 King rose again, repeated his old arguments, and wished for an 
 opportunity for taking a question on the principle of dividing the 
 United States, without any regard to their boundaries. At length, 
 out of his pocket comes a resolution. It imported that the United 
 States should be divided into six districts two east of the Hudson, 
 two from that to the Potomac, and two from that southwest ward, 
 or words to that import ; and that the President should sub-divide 
 these into surveys, &c. This pretty system was, after all, nega- 
 tived. 
 
 Annihilations of the State governments, is undoubtedly the ob- 
 ject of these people. The late conduct of our State Legislature, has 
 provoked them beyond all bounds. They have created an Indian 
 war, that an army may spring out of it, and the trifling affair of 
 our having eleven captives at Algiers, (who ought long ago to have 
 been ransomed,) is made the pretext for going to war with them, 
 and fitting out a fleet. With these two engines, and the collateral 
 aid derived from an host of revenue officers, farewell freedom in 
 America. Gently, indeed, did I touch it in argument ; but is not 
 a motion for the destruction of the individuality of the States, 
 treason against the duty of a Senator, who, from the nature of his 
 appointment, ought to be guardian of the State's rights. The lit- 
 tle I said, however, I believe raised a goblin that frightened them 
 from the project, at least for this time. 
 
 February 12. This day we passed the excise law, and a pretty 
 piece of business it is. I found there was an unwillingness in man}' 
 of the members to have the yeas and nays. I, however, called 
 them sharply, and enough rose, and I had the pleasure of giving 
 my decided negative against what I considered the box of Pandora, 
 with regard to the happiness of America. 
 
292 SKETCHES OF DEBATES 
 
 The communications came in this morning respecting the Indian 
 affairs, and the bill was ordered to be printed. 
 
 As we came down stairs, Dr. Johnson spoke with great joy. Now, 
 said he, all is over, the business is complete. We have a revenue 
 that will support the government, and every necessary measure of 
 government. We have now the necessary support for national 
 measures, &c., &c. I told him, perhaps we might undo all that 
 the high demands we had made would raise opposition, and that op- 
 position might endanger the government. He seemed a little struck. 
 I repeated that the government might, and perhaps would, fall by 
 her over-exertion to obtain support. 
 
 13. Sunday. A large party down stairs, speaking on the subject 
 of religion. One position I thought not tenable, that man was but 
 the first animal in nature. That he became so by the feelings of his 
 fingers, and hence all his faculties. Give, said they, only a hand to 
 a horse, he would rival all the human powers. 
 
 This I know to be groundless. The opossum, from its feeble, 
 harmless, and helpless faculties, is almost extinct in Pennsylvania ; 
 and yet one that I killed on the island at Juniata, had as complete 
 a hand, with four fingers and a thumb, as one of the human spe- 
 cies. 
 
 February 1 4. 'Tis done. I doubt no longer. This day came in 
 bulky communications from the President. The amount was the 
 result of a negotiation, carried on by his order with the Court of 
 Great Britain, through the agency of Governeur Morris. From the 
 letters of Governeur Morris, it appears that the vote against dis- 
 crimination, which has involved us in difficulties with France, was 
 the work of the President, avowedly procured by his influence ; 
 and that he did it to facilitate a connection with Great Britain ; 
 thus offering direct offense to France, and incurring the contempt 
 of Britain, for she has spurned every overture made to her ; and now 
 the result is, I suppose, a war with Great Britain ; at least these 
 troops are, as I suppose, meant to wrest the posts from her. She 
 will resist. Reprisals at sea will take place, and all the calamities 
 of war ensue. It is with difficulty, that I refrain from giving the 
 most severe language to some of our Senators. King said the op- 
 ponents of the constitution did not see the ground on which to at- 
 tack it. The business was now complete. We need not care for 
 opposition. Henry, of Maryland, joined with him. King said the 
 constitution of the United States implied everything. It was a 
 most admirable system. 
 
 The S3 7 stem laid down by these gentlemen, was avowedly as fol- 
 lows, or rather the development of the designs of a certain party : 
 
IN THE FIRST SENATE OF THE UNITED STATES. 293 
 
 The general power to carry the Constitution into effect by a con- 
 structive interpretation, would extend to every case that Congress 
 may deem necessary or expedient. Should the very worst thing 
 supposable happen, viz : The claim of any of the States to any of 
 the powers exercised by the General Government, such claim will 
 be treated with contempt. The laws of the United States will be 
 held paramount to all their laws, claims, and even constitutions. 
 The supreme power is with the General Government, to decide in 
 this, as in everything else, for the States have neglected to secure 
 any umpire or mode of decision in case of difference between them. 
 Nor is there any point in the Constitution for them to rally under. 
 They may give an opinion, but the opinion of the General Govern- 
 ment must prevail, c. This open point, thus unguarded, has ren- 
 dered the General Government completely uncontrollable. With a 
 fleet and army, which the first war must give us, all future opposi- 
 tion will be chimerical. 
 
 I ventured to dissent from these political heroes, by declaring 
 that the people themselves would guard the pass ; that the right of 
 judging with respect to encroachments still remained with the peo- 
 ple ; it was originally with them, and they never had divested them- 
 selves of it. 
 
 With all their art, however, since they now confess their views, 
 I think they have made but a bungling hand of it. The old Con- 
 gress had no power over individuals ; and, of course, no system of 
 consolidation could take place. Their legislative or recommendatory 
 powers were over States only. The new Constitution, by the instru- 
 mentality of the judiciary, &c., aims at the government of individ- 
 uals; and the States, unless as to the conceded points, and with re- 
 gard to their individual sovereignty and independence, are left upon 
 stronger ground than formerly ; and it can only be by implication 
 or inference that the General Government can exercise control over 
 them as States. Any direct and open act would be termed usurpa- 
 tion. But whether the gradual influence and encroachments of the 
 General Government may not gradually swallow up the State gov- 
 ernments, is another matter. 
 
 February 15. This day was rather unimportant in the Senate. 
 Mr. Morris labored, in private, with me, this day, to get me to join 
 in postponing the complaints of the French Court. The President, 
 although it is undeniable that it was through his instrumentality 
 the offense was given to France, yet now wishes all this done away 
 the breach made up with France, and the resentment shown to Eng- 
 land. The measure is right, but his motives wrong. Never should 
 the paths of rectitude be forsaken. Had the President left Congress 
 
294 SKETCHES OF DEBATES 
 
 to themselves, the discrimination would have obtained, and as the 
 discrimination had heretofore obtained by the State laws, England 
 would have taken no umbrage, and we should have experienced no 
 interruption of harmony with France. Unless we repeal the law, 
 ve lose, forever, the friendship of France. And even after repeal- 
 ing it, the confidence of France in us will be impaired, as she may 
 attribute our first motives to ingratitude, and our last to fear. Con- 
 tinuing the law will have no effect on Britain, as she has already 
 treated General Washington's application with contempt ; but a re- 
 peal of it will be followed with resentment. This we will have to 
 submit to, and ought not to regard. 
 
 February 16. Mr. Carroll moved for leave to bring in a bill sup- 
 plementary to the residence bill. The matter, I believe, stands thus ? 
 in fact : Virginia is not fully satisfied without having half the ten 
 miles square. She gives the $120,000, perhaps, on this very prin- 
 ciple of having Alexandria included. This cannot be done without 
 the supplementary law, which is now applied for. 
 
 I spoke to Mr. Morris, and gave him my thoughts on the matter. 
 He made a just observation : u There will be people enough to man. 
 age this matter, without our taking an active part in it." 
 
 The rule demands one day's notice to be given for bringing in a 
 bill. Carroll withdrew his motion, on being told of this ; but after- 
 wards hoped the Senate would indulge him by common consent. 
 
 Ellsworth, however, said it had better lay over one day. 
 
 I returned to the Senate. Found the draughts of General liar- 
 mar's expedition before the committee. They look finely on paper, 
 but were we to view the green bones and scattered fragments of our 
 defeat on the actual field, it would leave very different ideas on our 
 minds. 
 
 February It. This day Mr. Carroll's motion for the amendatory 
 act respecting the Potomac, was to be taken up. Mr. Morris was 
 very late in coming. I, however, wish he had stayed away, for he 
 voted for leave to bring in the bill. 
 
 The military bill was reported, with amendments much longer 
 than itself. They were ordered to be printed. 
 
 February 18. A number of communications were handed in, re- 
 specting the appointment of David Humphreys, resident at the 
 court of Portugal. The President sends first, and asks for our ad- 
 vice and consent afterwards. 
 
 Now Carroll's amendatory bill was called up. It was debated 
 with temper, but a good deal of trifling discourse was had upon it. 
 I had determined to say nothing on the subject. I, however, changed 
 my mind, and made the following remarks : 
 
IN THE FIRST SENATE OF THE UNITED STATES. 295' 
 
 So far as I had an opportunity of knowing the public mind, the 
 expectations of the people had been disappointed. A belief had ob- 
 tained, that the President would appoint three commissioners, who, 
 under his direction, would lay out the ten miles square. I did rvt 
 arraign his authority. I did not call it in question ; but he had done 
 himself what should have been done by others, under his direction. 
 I would neither pull down nor build up. Let the measure rest upon 
 the law. If all was right it would support itself; if wrong, our 
 mending it was improper, &c., &c. 
 
 Mr. Morris followed me. I could not well collect his drift ; but 
 he said, with pretty strong emphasis, that if any one would move a 
 postponement, he would be for it. 
 
 This hint was laid hold of by Langdon and Schuyler, and a post- 
 ponement moved, which was carried. 
 
 Mr. Morris sustained a small attack, from Gunn, for this, as an 
 indirect way of getting rid of the measure. 
 
 Oh, I should note that Mr. Jefferson, with more than Parisian 
 politeness, waited on me in my chamber this morning. He talked 
 politics, mostly, the French difference, and the whale fishery ; but 
 he touched the Potomac, too, as much as to say, there, oh, there. 
 
 Wednesday, 23. A bill was committed to General Dickenson, 
 Wingate, and myself. It was for paying off at par $186,000 due to 
 foreign officers. This was domestic debt beyond a doubt. The bill 
 went to pay it out of the funds appropriated to foreign debt. 
 
 Tuesday, my report was read, and on Wednesday it was agreed 
 to, or, at least, the resolution subjoined was adopted, that the bill 
 should not pass to a third reading. 
 
 Business crowded much, and I have almost determined to pass 
 all. The difference, however, on the new impost law, between the 
 two House, explains so fully the trim of the Senate, that I must 
 have a word or two on the subject. 
 
 The bill commonly called the excise law, though the term is care- 
 fully avoided in the law, puts it in the power of the President to 
 appoint as many inspectors as he chooses, and to pay them what he 
 pleases, so that he does not exceed five per cent, on the whole sum 
 collected. This check is a mere nullity, and depends on a point 
 arising posterior to the appointments. The reason given for vest- 
 ing the power in the President, is the want of knowledge of the 
 subject how many, what duties they will have to discharge. The 
 House of Representatives seem to say that experience will dispel 
 this ignorance in two years, and, therefore, they amend, limiting 
 this power of paying, &c., to two years. No, say our Senate, we 
 will not trust the new Congress, &c., &c. In fact, the object is to 
 
296 SKETCHES OF DEBATES 
 
 i 
 throw all possible power into the hands of the President, even to 
 
 the stripping of the Senate. A conference appointed. 
 
 It is believed that any measure that can be fairly fixed on the 
 President will be submitted to by the people, thus making him the 
 scapegoat of unconstitutional measures, and leading them, by their 
 ah action to him, into an acquiescence in these measures that flow 
 from him. To break down the boundaries of the States has been 
 a desideratum. This was attempted at the time of the impost. 
 The geographical situation of Maiyland, with respect to the Chesa- 
 peake bay, afforded a pretext to do something of the kind, under 
 the plea of convenience, by adding the eastern shore to the State 
 of Delaware, and indemnifying Maryland out of Virginia. Clouds 
 of letters reprobated the measure. It would not do. The Presi- 
 dent is now put upon something of this kind. To alter the lines 
 of States, by taking from the larger and adding to the smaller, in 
 his arrangement for collecting the excise. 
 
 The Subject of Instructions. 
 
 Thursday, 24th February. This day nothing of moment engaged 
 the Senate, in the way of debate, until the Virginia Senators moved 
 a resolution that the doors of the Senate chamber should be opened 
 on the first day of the next session, &c. They mentioned their in- 
 structions. This brought the subject of instructions from the dif- 
 ferent Legislatures into view. 
 
 Ellsworth said they amounted to no more than a wish, and oiight 
 to be no further regarded. 
 
 Izard said no Legislature had any right to instruct at all, any more 
 than the electors had a right to instruct the President of the United 
 States. 
 
 Mr. Morris followed said Senators owed their existence to the 
 Constitution ; the Legislatures were only the machines to choose 
 them ; and was more violently opposed to instruction than any of 
 them. We were Senators of the United States, and had nothing to 
 do with one State more than another. Mr. Morris spoke with more 
 violence than usual. 
 
 Perhaps, I may be considered as imprudent, but I thought I would 
 be wanting in the duty I owed the public, if I sat silent, and heard 
 such doctrines, without bearing my testimony against them. 
 
 I declared I knew but two lines of conduct for legislators to move 
 in : The one, absolute volition ; the other, responsibility. The first 
 was tyranny. The other was inseparable from the idea of repre- 
 sentation. Were we chosen with dictatorial powers, or were we 
 sent forward as servants of the public to do their business ? The 
 
IN THE FIRST SENATE OF THE UNITED STATES. 297 
 
 latter clearly, in my opinion. The first question, then, which pre- 
 sented itself was : Were my constituents here, what would they do ? 
 The answer, if known, was the rule for the representative. Our 
 governments were avowedly republican. The question now before 
 us had no respect to what was the best kind of government, but 
 this I considered as genuine republicanism. As to the late conduct 
 of the Legislature of Pennsylvania, I spoke with but few of them. 
 I had no instruction from them, and, all things considered, I was 
 happy that I had given my voice on a former occasion for it. The 
 reasons which I gave then operated still in full force on my mind. 
 
 The first was : That I knew of no reason for keeping the door of 
 any legislative assembly open that did not apply with equal force 
 to us. 
 
 The second was : That I thought it a compliment due to the small- 
 est State in the Union to indulge them in such request. 
 
 The objections against it, viz : That the members would make 
 speeches for the gallery and for the public papers, would be the 
 fault of the members. If they waged war in words and oral com- 
 bats ; if they pitted themselves like cocks ; or played the gladiator 
 for the amusement of the idle and curious, the fault was theirs. 
 That let who would fill the chairs of the Senate, I hoped discretion 
 would mark their deportment. That they would rise to impart 
 knowledge, and listen to obtain information. That while this line 
 of conduct marked their debates, it was totally immaterial whether 
 thousands attended, or there were not a single spectator. 
 
 This day Butler handed forward a resolution for augmenting the 
 salaries of all Federal officers of the different departments one 
 fourth. 
 
 It is a great object to increase the Federal officers and salaries as 
 much as possible to make them marks for the ambitious to aim at. 
 This single stratagem has carried the new government on so far with 
 increased rapidity. 
 
 Friday, 25th February. This was a busy day in Senate. We 
 had a long communication from the President respecting the loan 
 of three millions of florins, which, it seems, came at five and one 
 fourth per cent., the expense of negotiation being between four and 
 five per cent. 
 
 Up now was taken a bill for altering the time of the meeting of 
 Congress. The title was the same with that of a. bill rejected the 
 other day. But the former had the first Monday in November ; 
 this had the fourth Monday in October. The President declared 
 that as the day was different, the bill was a different, bill. There 
 might be as many different bills as days in the year. It passed^ 
 
298 SKETCHES OF DEBATES 
 
 but I confess I thought him wrong. Mr. Morris' vote carried the 
 bill. I spoke against it, but without effect. 
 
 Now we had the resolution for opening the doors. Nine votes 
 were given for it, and it was lost. 
 
 And now came the Potomac amendatory act. A postponement 
 was moved, but Langdon, Schuyler, Elmer, Morris, and Reed voted 
 against the postponement, and finally for the bill. 
 
 Saturday, February 26. The last hand was put to the detested 
 excise law. 
 
 For weeks has the report of the committee on the French com- 
 plaints lain dormant. Shame, I believe, had some hand in keeping 
 them back. But now a steady phalanx appeared to support the 
 report. I opposed it, what I could, and contended against the al- 
 ternatives in the report of the Secretary of State as exceptionable, 
 and opposed the whole. But all in vain. The report, with some 
 variation, was adopted. I was the only one who voted boldly and 
 decidedly against it. 
 
 That there has been a design to sacrifice the French interest as a 
 peace offering to the British Court, I cannot doubt ; but that this 
 should be persisted in after the disappointment attending Governeur 
 Morris' management , is strange, indeed. They however hope, or affect 
 to hope, to carry their point. Mr. Morris, a few days ago, asserted 
 that we would early this spring have a minister from Great Britain ? 
 and the papers have many accounts to the same purpose. 
 
 As to Our Relations with France. 
 
 Mr. Maclay made a series of observations in relation to the French 
 treaty, concluding with : I have ever thought that a liberal and 
 manly policy, being most conformable to the genius of the people, 
 was the surest method of engaging and preserving the esteem of 
 that magnanimous nation, and the alternative might be war and 
 confusion. 
 
 A burst of abuse now flowed forth against the French, by Ells- 
 worth, in the most vituperative language that fancy could invent. 
 Selfishness, interested views, their motive. To dismember the 
 English empire ; divide et impera, their motto. Nay, slay British 
 subjects with the sword of their fellows. No gratitude in nations, 
 no honor in politics. None but a fool would expect it. Serve 
 yourself, the first article in the creed of politics. No return due to 
 them. Ridicule, not thanks, would attend acknowledgments. 
 
 He fell on me with the most sarcastic severity. No confusion 
 anywhere but in the Speaker's head. Alas, how shall I write it, I 
 
IN THE FIRST SENATE OF THE UNITED STATES. 299 
 
 lost my temper, and finding no protection from the Chair, left the 
 room. 
 
 A moment's reflection restored me. I recollected that I had the 
 volume of Congress of 1783, which I had looked up for this occa- 
 sion, betore my seat, where the greatest encomiums were bestowed 
 on the French. I returned. King was up; and although' he was 
 in the same sentiments as Ellsworth, he said Mr. Jay had given a 
 similar construction with me, or, at least, I so understood him. I 
 did not hear one of the statements which I made answered or at- 
 tempted to be answered. I happened to turn round, and the full 
 length portrait of the King and Queen of France caught my eye. 
 I really seemed to think they would upbraid me if I was silent. I 
 knew the disadvantage I labored under. But up I got. 
 
 Nations being composed of individuals, the virtue, character and 
 reputation of the nation must depend on the morals of individuals, 
 and could have no other basis. Gratitude, generosity, sensibility 
 of favors, benignity, and beneficence, had not abandoned the human 
 breast ; in fact these were the conditions on which the human race 
 existed. That these passions, so far as they respected the French 
 nation, were deeply engraved on the bosom of every American 
 revolutionist. I knew there were characters of a different kind in 
 A merica ; but for them we cared not. That I was convinced the 
 sense of America had been fairly expressed by Congress, on the 
 resignation of General Washington, when the epithet of magnani- 
 mous nation was applied to them. 
 
 What were the expressions of Congress, as reported by a com- 
 mittee, some of whom are now within my hearing, in the year 1783, 
 with respect to that now villified nation ? Exertions of arms suc- 
 cours of their treasury important loans liberal donations mag- 
 nanimity, &c. Yes, all this, and more ; for I have the book before 
 me. In fact, language labored and seemed to fail in expressions of 
 gratitude to our all}'. 
 
 Cut here is a reverse, indeed. If right then, we must be wrong 
 now ; and my heart tells me it is so. Vituperation and abuse, more 
 especially in the national way, are of the reflective kind, and attach 
 disgrace rather to the assailants than to the assailed. 
 
 Ellsworth took a great deal of snuff about this time. He mumped 
 and seemed to chew the cud of vexation. But he affected not to 
 hear me ; and, indeed, they were all in knots, talking and whisper- 
 ing. Mr. Adams talked with Otis, according to custom. The com- 
 mittee alluded to were Madison, Ellsworth, and Hamilton. I am 
 too sparing I should have read that part of the report, with their 
 names. Vol. 8, page 200 
 
300 SKETCHES OF DEBATES 
 
 I cannot help adding a remark or two. A war, in some shape or 
 other, seems to have been the great object with Hamilton's people 
 At first they would have war with the northern Indians. That, 
 failed. They have succeeded in involving us with the northwestern 
 Indians. Britain, at one time, seemed their object. Great efforts 
 were made to get a war with the Algerines. That failed. Now it 
 seems to be made a point to differ with the French. That lively 
 nation do not seem to have been aware that ours was merely a 
 civil war with Britain ; and that the similarity of language, man- 
 ners, and customs, will, in all probability, restore our old habits and 
 intercourse ; and that this intercourse will revive, indeed, I fear it 
 has already revived, our ancient prejudices against France. Should 
 we differ with France, we are thrown, inevitably, into the hands of 
 Britain; and should France give any occasion, we have thousands 
 and tens of thousands of anti-revolutionists ready to blow the coals 
 of contention. 
 
 March 1. Attended this morning the eulogium in honor of Dr. 
 Franklin, pronounced by Dr. Smith. People say much of it ; I 
 thought little of it. It was trite and trifling. Perhaps I am cen- 
 sorious. 
 
 Much business was hurried through the Senate this day. !STow 
 is the time for designing men to crowd on and hurry through, under 
 some spurious pretext, the deep laid plots of speculation. The 
 immature resolve and ill-digested law, often escapes examination, 
 while nothing but home occupies the minds of the departing mem- 
 bers. 
 
 Few days happen in which I do not meet with something to fret 
 my political temper, but this day I met with something that really 
 roused every feeling of humanity about me. The President was 
 directed, some time ago, to take measures to ransom eleven Amer- 
 icans, who are slaves at Algiers. Money was appropriated for this 
 purpose, out of the Dutch loan, in 1788. The President, however, 
 sent us back a message to appropriate money for the purpose, and 
 now a committee who had the African business committed to them, 
 reported $20,000 to treat with the Emperor of Morocco, but not a 
 cent for the poor slaves. I said and did what I could, but all in 
 vain, and we will not only confine to slavery, but murder with the 
 plagues of that deleterious climate these unhappy men. 
 
 Izard came over, made a long complaint against Hamilton. Here, 
 said he, have we been waiting, nobody knows how long, and Hamil- 
 ton has promised to send us a bill for the mint. And now, at last, 
 he sends us a resolution to employ workmen. 
 
 Bassett this day laid on the table a resolution for a committee of 
 
IN THE FIRST SENATE OF THE UNITED STATES. 301 
 
 both Houses to wait on the President, to request him to take meas- 
 ures with the Indians, &c. 
 
 March 2. The resolution of the mint was smuggled through. I 
 am at no loss now to ascertain the reasons why the mint business 
 has been delayed, and finally came forward under the form of a 
 resolution, rather than a bill. Bills cannot be read out of order 
 but by unanimous consent. 
 
 It has been usual with declamatory gentlemen, in their praises of 
 the present government, by way of contrast, to paint the state of 
 the country under the old Congress, as if neither wood grew, nor 
 water run in America before the happy adoption of the new Con- 
 stitution. It would be well, for the future, in such comparisons, to 
 say nothing of national credit, (which, by the by, I never consid- 
 ered as dependent on the prices current of certificates in the hands 
 of speculators,) for the loan of 1788 was done in Holland, at five 
 per cent., only postponed. 
 
 March 3. As well might I write the rambles of Harlequin Ranger, 
 or the vagaries of a pantomime, as attempt to minute the business 
 of this morning. What with the exits and the entrances of our 
 Otis, the announcings, the drawings and withdrawing of Beckley 
 and Lear, and the comings and goings of our committees of enroll- 
 ment, &c., and the consequent running of doorkeepers, opening and 
 slamming of doors, the House seemed in a continual hurricane. 
 Speaking would have been idle, for nobody would or could hear. 
 Had all the business been previously digested, matter of form would 
 have been of little consequence. This, however, was not the case. 
 It was patching, piecing, altering, and amending, and even origi- 
 nating new business. It was, however, only for Ellsworth, King, 
 or some of Hamilton's people to rise, and the thing was generally 
 done. But they had overshot themselves ; for, owing to little un- 
 lorseen impediments, there was no possibility of working all through ? 
 and there was to be a great dinner, which must absolutely be at- 
 tended to. Terrible, indeed, but no alternative, the House must 
 meet at six o'clock. 
 
 March 3. In the evening, by candle-light. When I saw the merry 
 mood in which the Senate assembled, I was ready to laugh. When 
 I considered the occasion, I was almost disposed to give way to very 
 different emotion. I did, however, neither the one nor the other; 
 and feeling myself of as little importance as I had ever done in my 
 life, I took pen and paper and determined, if possible, to keep pace 
 with the hurry of business, as it passed, which I expected would 
 now be very rapid, as I had no doubt that Hamilton's clerks had 
 put the last hand to everything. 
 
302 SKETCHES OF DEBATES 
 
 1. Mr. Beckley, (Clerk of the House of Representatives,) an- 
 nounced that he brought a new resolve, for the safe-keeping of 
 prisoners, &c. 
 
 2. A bill for compensation to commissioners of loans, for extra 
 expenses. 
 
 3. A salary bill for the executive officers, their clerks, and as- 
 sistants. 
 
 4. Resolve for the President to lay before Congress an estimate 
 of lands not claimed by Indians. 
 
 5. The mint resolve. 
 
 These obtained the signature of the President of the Senate, and 
 were sent off for the deliberation and approbation of the President. 
 
 The prisoner resolve was agreed to, and sent back to the Repre- 
 sentatives, by Otis. 
 
 6. Mr. Beckley Second message. A new bill, to carry into effect 
 the convention with the French, &c. This business has been ne- 
 glected. I had often spoken on the subject, but my influence was 
 gone. I had, however, spoken lately to sundry members of the 
 House of Representatives, and even at this late hour, was happy to 
 see the bill. 
 
 To speak in the present uproar of business, was like letting off a 
 pop-gun in a thunder storm. But this was the merest matter of 
 form possible. It was only giving the authority of law to a con- 
 vention solemnly entered into with the French. My colleague cried 
 no, on a second reading. I called for the ayes and nays, not out 
 of resentment, but merely with an exculpatory view, if this conduct 
 should draw on us the resentment of France ; for I consider it dis- 
 respectful (to say no more) towards her and dishonorable in us. 
 
 7. Mr. Beckley Third message, with the pension, invalid, and 
 light-house bills. 
 
 The committee reported the enrollment of the following acts : 
 
 8. For the continuance of the post office. 
 
 9. For granting lands to the settlers at Vincennes, Illinois. 
 
 10. Supplementary act for the reduction of the public debt. 
 
 11. For granting compensation to judicial officers, witnesses, and 
 j urymen. 
 
 These bills received the signature of the President of the Senate, 
 after being brought up by Mr. Beckley in his fourth message. 
 
 12. Who brought, at the same time, a new bill for the relief of 
 David Cook. Twice heretofore has there been an attempt to smuggle 
 this bill through in the crowd. It happened, however, to be smoked, 
 and rejected. . 
 
IN THE FIRST SENATE OF THE UNITED STATES. 303 
 
 13. Mr. Beckley's fifth message brought a bill for making further 
 provision for collection of duties on teas, &c., which received the 
 signature, &c. 
 
 14. And an enrolled resolve, which also received the signature, 
 &c. 
 
 There now was such confusion with Otis, Beckley, and Lear, our 
 committee of enrollment, &c., that I confess I lost their arrange- 
 ment. Indeed, I am apt to believe, if they had any, they lost it 
 themselves. The} r all agreed, at last, that the business was done. 
 The President left the chair, and the members scampered down 
 stairs. I stayed a moment to pack up my papers. Dalton alone 
 came to me, and said he supposed we two would not see each other 
 soon. We exchanged wishes for mutual welfare. As I left the 
 Hall, I gave it a look with that kind of satisfaction which a man 
 feels on leaving a place where he has been ill at ease, being fully 
 satisfied that many a culprit has served two years at the wheelbar- 
 row without feeling half the pain and mortification that I experienced 
 in my honorable station. 
 
 End of the journal. 
 
APPENDIX. 
 
 Mr. Maclay, in his journal, on some occasions, speaks somewhat 
 disparagingly of Washington. This was owing to an imperfect es- 
 timate of the character of Washington, who he seemed to suppose to 
 be favorable to extravagant display in conducting the Government, 
 and of a leaning towards the exercise of arbitrary power in its 
 administration. He seemed also to suppose that Washington was 
 favorable to an additional title, the opposition of Washington to 
 that measure being not then generally known ; and he also believed 
 that undue influence over Washington was possessed by Mr. Ham- 
 ilton, towards whom Mr. Maclay entertained strong repugnance. 
 His term in the Senate (being but for two years) was of too short 
 duration to enable him to manifest, in that position, a change of 
 opinion in regard to that distinguished person. 
 
 WASHINGTON. 
 
 Over all the great men of our revolutionary times, and there were 
 great men about him and conspicuous in the public service, at that 
 important period. Washington was preeminent. Of him it may be 
 truly said, that his public character requires neither justification 
 or panegyric. Acting in so many and in such important positions, 
 it would scarcely be reasonable to suppose that he would escape 
 obloquy, the usual attendant upon high official position in posses- 
 sion of extensive patronage but the soundness of his judgment, his 
 disinterestedness, his humanity and benevolence of character, his 
 patriotism, his justice, his honesty and sincerity of purpose, and 
 his deep sense of moral and religious obligation, are proclaimed 
 throughout the country. 
 
 He was not, like Caesar or Napoleon, possessed of brilliant gen- 
 ius, but he was possessed of superior qualities of mind which 
 enabled him to discharge, with signal ability, and with distinguished 
 credit to himself and advantage to the country, the duties of the 
 various positions in which he acted, and he occupied the highest, 
 both military and civil, which the nation could bestow. 
 20 
 
306 WASFTINGTO^. 
 
 Whether, as a military man, he would have been equal to the 
 command of a large military force, such as has appeared on Eu- 
 ropean battle-fields, is, of course, for conjecture ; but he proved to 
 be sufficient for all the command he had. He was a soldier not 
 from choice, but from motives of patriotism. He did not act in 
 his high position, as commander-in-chief, with a view to his own 
 credit or glory, for he was ever ready to furnish portions of his 
 own troops to his subordinates in command, when he considered 
 the public service to require it. He did not envy them their mili- 
 tary successes, but welcomed such fortunate results as advancements 
 of the common cause. In his battles with the enemy he was not 
 always successful, but his defeats were never disheartening to him- 
 self, his army, or the people. He was prudent in his command, for 
 the enemy was powerful and his own resources often very insuffi- 
 cient or precarious, for he carried on the war under a government 
 which had no real power, but whose efficiency depended on the vol- 
 untary action of the States. But he was not wanting in enterprise, 
 as Trenton, and Princeton, and Yorktown can testify. His military 
 means were small, considering the magnitude of the stake, the 
 power of his adversary, and the extent of the territory to be de- 
 fended ; but he managed them wisely, and, in the adverse stages of 
 the war, bearing, with a degree of moral courage truly heroic, re- 
 proach and obloquy for apparent inefficiency, the cause of which it 
 would have been highly impolitic, as it respected the enemy and 
 the people, to explain or acknowledge, he finally effected the deliv- 
 erance of the country. And when the great result was accomplished, 
 unlike many other military chief, he sought not to maintain him- 
 self in power, but, to use his memorable words, he u retired from 
 the great theater of action ; * and this without reluctance or regret ; 
 
 * NOTE. After Washington had resigned his commission, at Annapolis, on 
 the 23d December, 1783, he returned to Mount Vernon. With the exception 
 of two days, when he paid it a flying visit with Count Rochambeau, in 1781, 
 he had not enjoyed its comforts for eight years. 
 
 Washington's letter to Lafayette, on the first of February following, gives a 
 perfect view of the philosophic geniality of temper, superinduced by his re- 
 tirement from the "bustle of the camp," and return to his "domestic walks." 
 "At length, my dear Marquis," he writes, "I can become a private citizen on 
 the banks of the Potomac, free from the bustle of the camp, and the busy 
 scenes of public life. I am solacing myself with those tranquil enjoyments 
 of which the soldier, who is ever in the pursuit of fame the statesman, whose 
 watchful days and sleepless nights are spent in devising schemes to promote 
 the welfare of his own, perhaps the ruin of other countries as if this globe 
 was insufficient for us all ; and the courtier, who is watching the countenance 
 of his prince, in hopes of catching a gracious smile, can have little conception. 
 I have not only retired from all public employment, but I am retiring within 
 myself, and shall be able to view'the solitary walks, and tread the paths of 
 
WASHINGTON. 307 
 
 with not a feigned, but a real desire to enjoy, in a private condition, 
 the beneficial results of the great struggle in which he had been so 
 conspicuous an actor. 
 
 He is not entitled to peculiar credit, as has been alleged, for mak- 
 ing no effort to maintain himself in power by military aid ; for it is 
 not probable that the army would have supported such an effort, or 
 that the people would have endured it. But he is entitled to the 
 credit of not having desired it. The great end for which he had 
 been appointed having been attained, he willingly descended from 
 the pedestal which he had long occupied, disposed to enjoy the bless- 
 ings of free government, with his fellow- citizens, on the same politi- 
 cal plane with them. 
 
 But his public career was not yet ended. He was called upon to 
 participate in forming a national government, not depending on the 
 capricious and dilatory action of the States, but one acting by its 
 own vital energy ; and there was framed a constitution, republican 
 in form, supreme as to national matters within its provisions, but 
 not interfering with those interests, either of the realty or person- 
 alty local, simply to the States ; containing power for its own pres- 
 ervation ; absolute power, as in the Parliament of England, not 
 being permitted to the Government, National or State, but checks 
 and limitations being imposed on both, and both subjected to judi- 
 cial restraint ; a constitution not conferring especial privileges or 
 honorary titles 011 any particular class, and susceptible of peaceful 
 alteration when required by the public exigency or the national 
 will. The constitution thus created formed a system of govern- 
 ment capable of wide expansion and of general utility, and was 
 submitted to the public with the recommendation of Washington, 
 which, it has been supposed, contributed materially to its general 
 adoption. He was subsequently elected to the chief executive office 
 under it, the important duties of which he discharged with wisdom 
 and efficiency during two presidential terms, when he voluntarily 
 retired, leaving the Government, which he had done so much to 
 establish, to pursue, under other direction, its triumphant course ; 
 having issued to the country his celebrated farewell address,* earn- 
 
 private life with heartfelt satisfaction. Envious of none, I am determined to 
 be pleased with all ; and this, my dear friend, being the order of my march, 
 I will move gently down the stream of life, until I sleep with my fathers. 
 
 Come and view me in my domestic walks." 
 
 * Oliver Wolcott, who was Secretary of the Treasury under General Wash- 
 ington and Mr. Adams, wrote: "The principles which governed President 
 Washington's administration are perspicuously detailed in the final address 
 to the people, which he personally prepared, and which passed through my 
 hands to and from General Hamilton." Gibbs' Wolcott, Vol. I, p. 381. 
 
308 WASHINGTON". 
 
 estly urging, with almost prophetic foresight, the importance of 
 union. He soon after died, leaving to the nation the recollection 
 of his elevated character, his eminent services, and his bright ex- 
 ample. 
 
 Few public men have, for so long a time, enjoyed the public con- 
 fidence and real regard. From Braddock's defeat, in '55, till his 
 own death, in December, '99, notwithstanding the various fortunes 
 of the revolutionary war, the carping and detraction of short-sighted, 
 impatient, or of malevolent, ambitious, or disappointed men, and 
 the distracting political elements existing during his presidential 
 career, his patriotism and judgment were confided in by the mass of 
 the people ; and when he died, in the fullness of his fame, the pub- 
 lic regret and respect for his memory were significantly manifested 
 throughout the whole country. 
 
 Of all the great men prominent in our revolutionary times, his 
 public character is freest from imperfection. He was not devoid of 
 ambition, for that would have been unnatural; but in him it was an 
 ambition to be of service to his country, and to mankind. He had 
 not even the common desire of pecuniary acquisition, for he served 
 throughout the revolutionary war with no other demand than the 
 discharge of the economical expenses incident to his public position. 
 He had no merely selfish views ; he never intrigued for, or even 
 solicited, office or station ; the official positions bestowed on him 
 being the voluntary homage of his country ; and on his election to 
 the presidency, on both occasions, the office was not only unsought 
 by him, but the choice was unanimous. In the exercise of the 
 duties of that important position, no public clamor or personal in- 
 vective diverted him from the course of which his judgment ap- 
 proved; and in every act of his political administration he seemed 
 to be actuated by an earnest desire to discharge his duty. What 
 political errors he committed were not those of intention, but were 
 attributable to the imperfection of humanity. We hold him up to 
 the world as a great and a shining light, worthy of the admiration 
 and commendation of mankind. 
 
 If he had died immediately after the resignation of his military 
 command, his character, though illustrious, would have been incom- 
 plete. His ability, as a statesman, would not have been displayed. 
 Though he was not active on the floor of the convention during the 
 formation of our national constitution, it is not to be supposed that 
 he did not exert an important influence on the conclusions of that 
 distinguished body ; for Patrick Henry has said that " in the first 
 revolutionary congress, though Adams, and Rutledge, and others 
 were distinguished as orators, yet, for solid information and sound 
 
WASHINGTON. 309 
 
 judgment, Washington was unquestionably the greatest man on the 
 floor." When he had assumed the presidency, his selection of Jef- 
 ferson and Hamilton as heads of departments of Jay and Ellsworth 
 as chief justices his tender of office to Marshall, afterwards dis- 
 tinguished as chief justice, evinced his knowledge of men ; and the 
 admirable judgment which he displayed in keeping the country 
 aloof from foreign complications, and on the various important 
 questions of foreign and domestic policy arising during his presi- 
 dential career, evinced high powers of intellect and clear perception 
 of the interest and welfare of the country. In acting in that high 
 position, he evaded no just responsibility or official duty ; not seek- 
 ing to extend the executive authority beyond its legitimate limits, 
 but acting in all respects with no other disposition than the proper 
 discharge of the official obligation which he had assumed. In his 
 political career he set an example worthy of imitation by his succes- 
 sors in the presidential office, and by rulers throughout the world. 
 
 His physical seemed to be in harmony with his mental character- 
 istics. In stature he was somewhat above six feet, of large frame, 
 of great strength, and of " unexceptionable make." He was of a 
 dignified, imposing presence, inviting to confidence, but not to fa- 
 miliarity ; of a sedate, grave countenance, seldom indulging in 
 mirth, never boisterous, but not repressing good humor in others. 
 He was not vain or assuming, but was affable in manner and res- 
 pectful in his intercourse with all, and he excited, in an eminent 
 degree, the regard and veneration of those, from the child to the 
 aged, with whom he was intimately associated,. and the respect and 
 admiration of other persons of distinction with whom he came into 
 contact. He was a signal honor to our country and to humanity. 
 His fame is co-extensive with the civilized world, as a friend to 
 political and personal liberty, and his name will descend in great 
 and honorable renown to remote posterit} T . 
 
 We subjoin the following lines by Lord Byron relative to the 
 distinguished subject of these remarks : 
 
 "Where may the wearied eye repose, 
 
 When gazing on the great, 
 Where neither guilty glory glows, 
 
 Nor despicable state ? 
 Yes, one the first, the last, the best 
 The Cincinnatus of the West, 
 
 Whom envy dared not hate, 
 Bequeathed the name of Washington ; 
 To make man blush there was but one." 
 
310 WASHIKGTOISr. 
 
 J. R. Ingersoll, of Philadelphia, in an address, remarked as fol- 
 lows : 
 
 " The late Lord Chancellor Erskine, when in the enjoyment of 
 reputation more elevated than rank and power could confer, the 
 fearless and successful advocate of the liberty and constitution of 
 England, addressed a voluntary letter to General Washington, of 
 which a copy was found among the papers of Lord Erskine, after 
 his decease. It was as follows : 
 
 " LONDON, March 15, 1795. 
 
 K I have taken the liberty to introduce your august and immortal 
 name in a short sentence, which will be found in the book I send 
 you. I have a large acquaintance among the most valuable and 
 exalted classes of men; but you are the only human being for 
 whom I ever felt an awful reverence. I sincerely pray God to grant 
 a long and serene evening to a life so gloriously devoted to the uni- 
 versal happiness of the world. 
 
 " T. ERSKINE." 
 
 From a literary address at Edinburgh, by Lord Brougham : 
 
 " In Washington, we may contemplate every excellence, military 
 and civil, applied to the service of his country and of mankind ; a 
 triumphant warrior, unshaken in confidence when the most sanguine 
 had right to despair ; a successful ruler in all the difficulties of a 
 course wholly untried ; directing the formation of a new govern- 
 ment, for a great people, the first time so rash an experiment had 
 ever been tried by man ; voluntarily and unostentatiously retiring 
 from supreme power, with the veneration of all parties, of all na- 
 tions, of all mankind, that the rights of men might be conserved, 
 and that his example might never be appealed to by vulgar tyrants. 
 
 " It will be the duty of the historian and the sage, in all ages, to 
 omit no occasion of commending this illustrious man ; and until 
 time shall be no more, will a test of the progress which our race 
 has made in wisdom and virtue be derived from the veneration paid 
 to the immortal name of Washington." 
 
 Letter from Governeur Morris. 
 
 In a letter of Governeur Morris to General Washington, from. Phila- 
 delphia, October 30, 1787 it is remarked : " I have observed that your name 
 to the constitution has been of infinite service. Indeed, I am convinced 
 that if you had not attended the convention, and the same papers had been 
 handed out to the world, it would have met with a colder reception, with 
 fewer and weaker advocates, and with more and more strenuous oppon- 
 ents. As it is, should the idea prevail that you will not accept the presidency, 
 it would prove fatal in many parts. The truth is, that your great and decided 
 superiority leads men willingly to put you in a place which will not add to 
 
WASHINGTON. 311 
 
 your personal dignity, nor raise you higher than you already stand ; but they 
 would not readily put another in the same situation, because they feel the 
 elevation of others as operating, by comparison, the degradation of them- 
 selves ; and however absurd the idea may be, yet you will agree with me that 
 men must be treated as men, and not as machines, much less as philosophers, 
 and least of all things as reasonable creatures, seeing that, in effect, they rea- 
 son not to direct but to excuse their condition. Thus much for the public 
 opinion on these subjects, which is not to be neglected in a country where 
 opinion is everything. Page 289-90, vol. I, of Life of Governeur Morris, by 
 Sparks. 
 
 Speech of Mr. Webster. 
 
 The father of Daniel Webster was a member of the convention in New 
 Hampshire, which assembled in February, 1788, to act upon the national con- 
 stitution. A majority of the delegates had instructions from their towns to 
 vote against the adoption of the Constitution. This was the case with Colo- 
 nel Webster. But the convention was adjourned to meet again in June, and, 
 in the meantime, Col. Webster obtained from his constituents permission to 
 vote according to his own j udgment. When the vote was about to be taken, 
 he rose, and said : 
 
 " Mr. President, I have listened to the arguments for and against the con- 
 stitution. I am convinced such a government as that constitution will estab- 
 lish, if adopted u government acting directly on the people of the States is 
 necessary for the common defense and the general welfare. It is the only 
 government which will enable us to pay off the national debt the debt which 
 wo owe for the Revolution, and which we are bound in honor fully and fairly 
 to discharge. Besides, I have followed the lead of Washington through seven 
 years of war, and I have never been misled. His name is subscribed to this 
 constitution. He will not mislead us now. I shall vote for its adoption." 
 Note to pages 9, 10 of George Ticknor Curtis 1 Life of Daniel Webster. New 
 York, Appleton & Co., 1870. 
 
 As to the Farewell Address. 
 
 D. C. Claypool, former editor of the newspaper, the Daily Ad- 
 vertiser, published in Philadelphia, wrote from Philadelphia, Feb- 
 ruary 22, 1826, relative to the first publication, in the year 1796, of 
 the valedictory or farewell address by President Washington, stating 
 that, a few days before the appearance of this memorable document 
 in print, he received a message from the President, by his private 
 secretary ; and when he waited on the President, he stated that he 
 had, for some time, contemplated retiring from public life, and had, 
 at length, concluded to do so at the end of the (then) present term : 
 that he had some thoughts and reflections on the occasion, which 
 he deemed proper to communicate to the people of the United 
 States, in the form of an address, and which he wished to appear in 
 the Daily Advertiser, of which I was editor. After some conver- 
 sation, the following Monday was fixed on as the time of its appear- 
 ance ; and he told me that his secretary would call on me, with a 
 copy of the address, on the next (Friday) morning. 
 
312 WASHINGTON. 
 
 After the proof sheet had been compared with the copy, and cor- 
 rected by myself, I carried another proof, and then a revise , to be 
 examined by the President, who made but few alterations from the 
 original, except in the punctuation, in which he was very minute. 
 
 The publication of the address, dated United States, September 
 It, 1796, being completed on the 19th, I waited on the President, 
 with the original ; and, in presenting it to him, expressed my regret 
 at parting with it, and how much I should be gratified by being per- 
 mitted to retain it : upon which, in an obliging manner, he handed 
 it back to me, saying that, if I wished for it, I might keep it ; and 
 then I took my leave of him. I may say that his handwriting was 
 familiar to me. The manuscript copy consists of thirty-two pages 
 of quarto letter paper, sewed together as a book, and with many al- 
 terations ; as, in some places, whole paragraphs are erased, and 
 others substituted ; in others, many lines struck out ; in others, sen- 
 tences and words erased, and others interlined, in their stead. The 
 tenth, eleventh, and sixteenth pages are almost entirely expunged, 
 saving only a few lines ; and one half of the thirty-first page is also 
 effaced. A critical examination will show that the whole, from first 
 to last, with all its numerous corrections, was the work of the same 
 hand ; and I can confidentally affirm, that no other pen ever 
 touched the manuscript now in my possession than that of the great 
 and good man whose signature it bears. 
 
 D. C. CLAYPOOL. 
 
 PHILADELPHIA, February 22, 1826. 
 
 See the whole of the letter of Mr. Claypool, vol. I, p. 265-266-267, of the 
 Memoirs of the Historical Society of Pennsylvania, published in 1864. 
 
 The original manuscript of the farewell address was, upon Mr. Claypool's 
 death, sold at auction, in Philadelphia, by his representatives, and purchased 
 by Mr. James Lenox, of New York, who printed an edition of a limited num- 
 ber of copies for private distribution, following the text as hitherto published, 
 but noting from the manuscript the alterations and corrections of the illus- 
 trious author. Editor. 
 
 Also, see ante, p. 307, as to the farewell address. 
 
 General Washington was born on 22d of February, 1732. 
 
 His farewell address was published September 17, 1796. 
 
 His second term expired on 4th March, 1797. 
 
 He died on 4th December, 1799, aged above 67 years. 
 
JOHN ADAMS. 
 
 To Mr. Adams the country is deeply indebted. He was among 
 the foremost in opposition to the aggressions of the King and Par- 
 liament. He was the early advocate for independence, and he sup- 
 ported the measure strenuously by his voice and his vote. Being 
 subsequently in England, in an important diplomatic position, he 
 imbibed a desire, or had his predilection strengthened for titles, as 
 giving dignity to official position. He entertained an extravagant 
 idea of the dignity or personal importance of the presidential office, 
 and was in favor of surrounding it with striking marks of distinc- 
 tion. The official etiquette first established was maintained till the 
 inauguration of Jefferson, when the coach and four, and other offi- 
 cial paraphanalia, were omitted, with the attendance of members of 
 both Houses on the President, in their answer to his inaugural or 
 address, at the commencement of each session. 
 
 Mr. Adams was possessed of much vanity or self-esteem, and the 
 exhibition of that quality in the Senate, and his interference there 
 in matters not pertaining to his office, and as to which such action 
 in the Yice President would not now be tolerated, caused repug- 
 nance towards him on the part of Senators. 
 
 After the declaration by Washington of his design to retire from 
 office, Mr. Adams was nominated by the Federal part}', without 
 material opposition, and pretty much, as a matter of course; but 
 his administration in that position manifested that, though possess- 
 ing much ability and unquestionable patriotism and integrity, yet 
 he was considered as deficient in the judgment, discretion, and 
 temper, material to the proper discharge of the duties of that ele- 
 vated station. He was charged with a want of discretion relative 
 to the French complication, and his distrust of other distinguished 
 men of his party, his repugnance to Mr. Hamilton, especially, and, 
 perhaps, a desire to be considered as administering the government 
 mainly by his own volition, without material influence by his cabinet 
 officers, or other leading members of the Federal party, dissatisfied 
 many, and a change in the presidential nomination was desired. It 
 being difficult to accomplish such a result, he was continued at the 
 helm, and was defeated ; and Washington being dead, the party could 
 
 (313) 
 
314 ADAMS. 
 
 not be rallied ; and this defeat, with the abortive and discreditable 
 attempt to elect Burr over Jefferson, and thus disappoint or violate 
 the known wishes of the people, overwhelmed the Federal party, and 
 under that name it passed out of existence. The constitution was 
 soon after altered, requiring electors to designate the office for which 
 their votes are intended. 
 
 Mr. Jefferson and Mr. Adams acted in harmony in the early stage 
 of the revolutionary struggle, and then became especially distin- 
 guished, the first as the draughtsman of the Declaration, and the 
 other as its advocate on the floor of the convention. They became 
 for a time, from the force of political circumstances, estranged from 
 each other ; but, towards the end of their lives, their friendship re- 
 vived and continued till their death. They were, at its conclusion, 
 but for a brief space of time in this world, divided. They died on 
 the same day, the 4th of July, 1826, the anniversary of that day 
 which they had done so much to commemorate. 
 
 Mr. Jefferson was also the writer of the resolutions adopted by 
 the Kentucky Legislature in November, 1798, which were construed 
 or denned by that Legislature, in 1799, as follows : Resolved, That 
 .... the several States who formed the constitution, being sov- 
 ereign, and, of course, independent, have the unquestionable right 
 to judge of its infraction, and that a nullification by those sover- 
 eignties of all unauthorized acts, done under color of that instru- 
 ment , is the rightful remedy.* 
 
 Mr. Madison, in a letter in April, 1787, proposing a plan of a 
 constitution of the United States, was in favor of giving to the 
 General Government an absolute and unqualified veto on all acts 
 whatever of the State Legislatures. But he afterwards drew up the 
 resolutions adopted by the Virginia Legislature, in December, 
 1798, which were to the same effect as the resolutions adopted in 
 Kentucky, which were drawn by Mr. Jefferson, in November, of the 
 same year. Mr. Webster combatted the doctrine above referred to, 
 in his celebrated speech in 1830, in reply to the speech of Mr. 
 Hayne, of South Carolina, contending that the constitution was 
 established not by the States, but by the people. This opinion is 
 the prevailing one in the northern States, the other is the prevalent 
 one in the southern States of the Union. Editor. 
 
 NOTE. General Washington, in a letter to Lafayette, December 25, 1798, de- 
 clared, "The constitution, according to their (the Anti-Federalists) interpre- 
 tation of it, would be a mere cipher." He also wrote, "We are to-day one 
 nation, and to to-morrow thirteen. See Cents. , page 151. 
 
 * See the Constitutional History of the United States, by Von Hoist, p. 147. 
 
ADAMS. 315 
 
 As to Mr. Adams, Mr. Sullivan in his " Public Men of the Revo- 
 lution," wrote : Mr. Adams, on the day of his inauguration, March 
 4, 1797, was in his sixty-second year. He was dressed in a full suit 
 of pearl-colored broadcloth ; with powdered hair. He was then bald 
 on the top of his head. He was of middle stature, and full person ; 
 and of slow, deliberate manner, unless he was excited ; and when this 
 happened, he expressed himself with great energy. 
 
 Mr. Adams was a man of strong mind, of great learning, and of 
 eminent ability to use knowledge, both in speech and writing. He 
 was ever a man of purest morals, and is said to have been a firm be- 
 liever in Christianity, not from habit and example, but from diligent 
 investigation of its proofs. He had an uncompromising regard for 
 his own opinion ; and was strongly contrasted with Washington in 
 this respect. He seemed to have supposed that his opinions could 
 not be corrected by those of other men, nor bettered by any compari- 
 son. * * Mr. Adams came to the presidency at the time when 
 more forbearance and discretion were required than he is supposed 
 to have had. He seems to have been deficient in the rare excellence 
 of attempting to see himself as others saw him ; and he ventured to 
 act as though everybody saw as he saw himself. He considered only 
 what was right in his own views, and that was to be carried by main 
 force, whatever the obstacles. 
 
 There was great difference of opinion among the Federal party 
 whether to seek the election of John Adams or Thomas Pinckney. 
 As the Constitution then was, both were voted for by that party, 
 expecting that one of them would be President and the other Vice^ 
 President. Mr. Jefferson and Mr. Clinton, of New York, were the 
 two opposing candidates. Most unexpectedly the result was that 
 Mr. Adams stood highest Mr. Jefferson next, and Mr. Pinckney 
 third. It was supposed that so many of the eastern electors as pre- 
 ferred Mr. Adams to Mr. Pinckney, placed the latter candidate lower 
 than they intended to do, and thereby gave a result which was ex- 
 ceedingly unwelcome as to the Vice President. Sullivan. 
 
MR. JEFFERSON. 
 
 When Mr. Jefferson came to Philadelphia in March, 1T9T, he was 
 about fifty years of age. His personnel, as now recollected, was this : 
 He was a tall man, over six feet in stature , neither full nor thin in 
 body. His limbs were long and loosely jointed. His hair was of a 
 reddish tinge, combed loosely over the forehead, and at the sides, 
 and tied behind. His complexion was light or sandy. His forehead 
 rather high and broad. His eyebrows long and straight, his eyes 
 blue, his cheek bones high, his face broad between his eyes, his chin 
 long and his mouth large. His dress was a black coat and light un- 
 der clothes. He had no polish of manners, but a simplicity and so- 
 briety of deportment. He was quiet and unobtrusive, and yet a 
 stranger would perceive that he was in the presence of one who was 
 not a common man. His manner of conversing was calm and deliber- 
 ate and free from all gesticulation ; but he spoke like one who con- 
 sidered himself entitled to deference, and as though he measured what 
 he said by some standard of self-complacency. The expression of his 
 face was that of thoughtfulness and observation ; and certainly, not 
 of that of openness and frankness. When speaking he did not look 
 at his auditor, but cast his eyes toward the ceiling or anywhere but 
 at the eyes of his listener. He had already become a personage of 
 some distinction and an object of curiosity, even to a very young 
 man. These personal descriptions are from memory, after the lapse 
 of many years and may not accord with those of persons who had 
 more or better opportunities to observe ; and are not, therefore, 
 offered with confidence that Mr. Jefferson is here, in all respects, 
 justly described. 
 
 During his Yice Presidency, (during the administration of Mr. 
 Adams,) Mr. Jefferson was employed, as usual for that officer, in 
 the Senate. It does not appear that the Vice President was ever 
 called to cabinet meetings in Washington's time ; or that Mr. Jef- 
 ferson was ever called to such meetings in the presidency of Mr. 
 Adams, or advised with him in any way. Sullivan. 
 
 (316) 
 
JEFFERSON. 317 
 
 As to the Declaration. 
 
 Mr. Everett, speaking of the Declaration of Independence, says : 
 " This trust devolved on Thomas Jefferson, and with it rests on 
 him the imperishable renown of having penned the Declaration of 
 Independence. To have been the instrument of expressing, in one 
 brief, decisive act, the concentrated will and resolution of a whole 
 family of States, of unfolding in one all-important manifesto, the 
 causes, the motives, and the justification of this great movement in 
 human affairs ; to have been permitted to give the impress and pe- 
 culiarity of his own mind to a charter of public rights, destined, or 
 rather let me say already elevated to an importance, in the estima- 
 tion of many, equal to anything human ever borne on parchment or 
 expressed in the visible signs of thought. This is the glory of 
 Thomas Jefferson." 
 
ALEXANDER HAMILTON. 
 
 Towards Mr. Hamilton Mr. Maclay seemed to entertain strong 
 repugnance. This appeared to be owing mainly to hs originating 
 and supporting the provision for the assumption of the State debts. 
 To the funding of the domestic debts of the General Government, 
 contracted during the revolutionary war, and of the foreign debts, 
 no opposition existed ; but Mr. Hamilton recommended the assump- 
 tion, by the General Government, of the debts of the States. To 
 this proposition Mr. Maclay and others objected, at least until a 
 settlement was had between the States, by which th,e States which 
 were in advance in appropriations during the war should be paid 
 their advancements ; and it was alleged by Mr. Maclay that Penn- 
 sylvania was in advance to the amount of a million of dollars. But 
 Mr. Hamilton, having little confidence in the patriotism and intel- 
 ligence of the mass of the people, and in the sufficiency of the Con- 
 stitution, not perceiving the vitality since manifested to exist in it, 
 and which, so late as 1802, in a letter to Governor Morris, he pro- 
 nounced to be " a frail and worthless fabric," and as a means of 
 establishing and supporting the public credit, and, perhaps, with a 
 desire to have an interested body of loan or stockholders to support 
 the Government, as Secretary of the Treasury recommended such 
 assumption,* and he urged the matter so far as to barter away the 
 permanent seat of government, in order to effect it. This was an 
 improper expedi ent , and deserving of reprobation. He was charged , 
 through the funding measure, with a desire of advancing his private 
 fortune ; but it does not appear that he was influenced by such a 
 motive ; and it is alleged that to guard against such an imputation, 
 
 *Wolcott, in April, 1790, wrote that the assumption of the State debt was 
 necessary for the existence of the National Government. If the State govern- 
 ments are to prove for their payment, these creditors will oppose all national 
 provisions as being inconsistent with their interest. Gibb's Wolcottj 1, p. 45. 
 
 Van Hoist, in his Constitutional and Political History of the United States, 
 has observed that the good opinion of foreign nations could be regained only 
 on condition that the credit of the Union was restored ; that the funding of the 
 debt of the Union, and the assumption by the Union of the debts of the States, 
 were the two principal pillars on which the new political structure could be 
 made to rest. Van Hoist, pp. 84-88. 
 
 (318) 
 
HAMILTON. 319 
 
 he advised his immediate family connections to refrain from such 
 speculation, then much practiced, as the probability of assumption 
 increased. The provision in the funding bill for the assumption of 
 purchased claims to their full value at the time of the assumption, 
 without regard to the amount paid to the original creditors, was 
 also made a ground of objection to the funding bill. The report 
 of Mr. Hamilton on the subject of the public credits, giving the 
 reasons for the assumption, will be found in the second volume of 
 the Annals of Congress. 
 
 It is much to the credit of Mr. Hamilton, that notwithstanding 
 the opinion he entertained of the constitution as giving to the Gen- 
 eral Government too little force or power, he nevertheless supported 
 it by his articles in the Federalist, and in the convention in New 
 York. 
 
 The plan of government submitted by him to the constitutional 
 convention, recommending a Chief Executive and Senate, to serve 
 during good behavior the President to have an absolute negative 
 on the acts of Congress ; the Senate to have the sole power of de- 
 claring war ; Senators not to be liable to expulsion, and to be capa- 
 ble of voting by proxy ; the President to be chosen by citizens 
 having an estate of inheritance, or for three lives, in land, or clear 
 personal estate of the value of one thousand Spanish milled dollars, 
 was deficient in wisdom, and not calculated to receive the public 
 support. 
 
 Mr. Hamilton, in his much celebrated report, in December, 1791, 
 on the subject of " Domestic Manufactures," (see third volume of the 
 Annals of Congress, pp. 1011-12,) first gave prominence to the clause 
 in the constitution relative to the general welfare, as a subject or 
 element, for the promotion of which Congress Jiad power to raise 
 taxes and appropriate money. This construction of Mr. Hamilton 
 gave strong offense to Mr. Jefferson, who was for limiting the col- 
 lection and appropriation of public money to carrying out the ex- 
 press powers conferred on Congress by the constitution. This pro- 
 vision has been recently called into requisition in the Senate of the 
 United States, in support of an appropriation in aid of the centen- 
 nial celebration. 
 
 Mr. Hamilton's view of the constitutional provision on the subject 
 of treason was extreme. From an opinion of the importance or neces- 
 sity of the case, an opinion not confined to him, but entertained by 
 others that in order to manifest the strength of the constitution, 
 an example of severity was important, he was in favor of the 
 execution of Fries, who had been convicted, in Pennsylvania, of 
 treason, for mere opposition to the execution of an act of Congress, 
 
320 HAMILTON. 
 
 (the excise act,) without any design of " levying war against the 
 United States, or of adhering to their enemies giving them aid and 
 comfort," which is the only mode in which treason against the Gov- 
 ernment can be committed ; and he made the pardon of Fries a sub- 
 ject of complaint against Mr. Adams, who, from the belief that the 
 conduct of Fries would not warrant a conviction of treason, or was 
 not deserving of death, or from some other motive, made him the 
 subject of clemency. 
 
 This criticism as to treason will apply to Mr. Hamilton's views 
 relative to the riotous proceedings in western Pennsylvania, com- 
 monly termed the Whisky Insurrection, a disturbance on account 
 of the attempted enforcement of a particular law, (the excise law,) 
 which was considered as especially grievous in that remote district, 
 where whisky was used as an article of commerce with the east for 
 their necessary articles, on account of the facility of its transpor- 
 tation. These violent proceedings were liable to indictment as mis- 
 demeanors, but they were not liable to the penalty of treason, as it 
 is defined in the Constitution. 
 
 Mr. Hamilton was a man of probity in the common affairs of life, 
 of patriotic impulses, of eminent and varied ability, Jefferson styl- 
 ing him " a Colossus to the Anti-Republican party ; a host in him- 
 self; " nobody but Mr. Madison " that can meet him ; " and he exer- 
 cised much influence over many of the public men of his day, and 
 he certainly rendered important services, both military and civil, to 
 the country during his eventful career. But in the full tide of life 
 he fell a victim in a duel. He had not the moral courage to avow 
 unfavorable opinions of Burr which he had honestly entertained 
 and expressed, and, relying on an enlightened public opinion for 
 his justification, refused the arbitrament of arms. He was not re- 
 quired, even by the false code of honor, to contend in moral com- 
 bat with a man who, to use his own terms, he considered to be " one 
 of the worst men in the community, who private character is not 
 defended by his most partial friends ;" " whose public principles have 
 no other spring or aim than his own aggrandizement per fas et 
 nefas, the Cataline of America." His own courage had been sig- 
 nally manifested at Yorktown, the closing battle-field of the revo- 
 lution. He acted otherwise, and fell in the contest, thus depriving 
 the country of a valuable life, and leaving to the youth of the nation 
 a pernicious example. Editor. 
 
 The duel occurred on the llth of July, 1804, and Mr. Hamilton 
 died on the next day. 
 
HAMILTON. 321 
 
 As to Hamilton, Mr. Sullivan wrote : Alexander Hamilton, when 
 appointed Secretary of the Treasury, was about thirty-three years 
 of age. He resumed the practice of the law in the city of Xew York, 
 in the year 1795, at the age of thirty-eight. In December of that 
 year his appearance was this : He was under middle size ; thin in 
 person, but remarkably erect and dignified in his deportment. His 
 hair was turned back from his forehead, powdered, and collected in 
 a club behind. His complexion was exceedingly fair, and varying 
 from this only by the almost feminine rosiness of his cheeks. His 
 might be considered, as to figure and color, an uncommonly hand- 
 some face. When at rest, it had rather a severe and thoughtful ex- 
 pression ; but when engaged in conversation, it easily assumed an 
 attractive smile. Sullivan. 
 
 As to Treason. 
 
 The third section of the third article of the Constitution of the 
 United States is in part as follows : " Treason against the United 
 States shall consist only in levying war against them, or in adhering 
 to their enemies, giving them aid and comfort." 
 
 In the convention which formed the Constitution, Luther Martin, 
 of Maryland, proposed the following : " Provided that no act or 
 acts done by one or more of the States against the United States, 
 or by any citizen of any one of the United States under the au- 
 thority of one or more of the said States, shall be deemed treason 
 or punished as such ; but in case of war being levied by one or more 
 of the States against the United States, the conduct of each party 
 toward the other and their adherents respectively, shall be regu- 
 lated by the laws of war and of nations." This provision was not 
 adopted. See Elliott's Debates, Vol. /, p. 382. 
 
 21 
 
AARON BURR. 
 
 Though Aaron Burr is not mentioned in this journal, yet as his 
 fortunes were so intimately associated with Hamilton, a brief descrip- 
 tion by the same person is given as he appeared in December, 1195. 
 He was probably about Hamilton's age. He was of about the same 
 stature as Hamilton ; a thin man, but differently formed. His mo- 
 tions in walking were not, like Hamilton's, erect, but a little stoop- 
 ing, and far from graceful. His face was short and broad ; his black 
 eyes uncommonly piercing. His manner gentle and seductive. But 
 he had a calmness and sedateness, when these suited his purpose ; 
 and an eminent authority of manner, when the occasion called for 
 this. He was said to have presided with great dignity in the Sen- 
 ate ; and especially at the trial of Judge Chase. Though eminent 
 as a lawyer, he was said not to be a man of distinguished eloquence, 
 nor of luxuriant mind. His speeches were short and to the pur- 
 pose. Sullivan, 262. 
 
 (322) 
 
ROBERT MORRIS. 
 
 Robert Morris was born at Liverpool, England, in 1733. After 
 the death of his father, which happened from a casualty, he was 
 placed in the counting house of Charles Willing, a merchant in 
 Philadelphia. After he had arrived at full or legal age, he became 
 a partner with Thomas Willing, a son of his patron. This mercan- 
 tile connection continued for nearly forty years. After difficulties 
 had arisen with England, he and his partner, though largety engaged 
 in business, signed the non-importation agreement of 1765, and sus- 
 tained other patriotic measures. After the Revolutionary war had 
 begun, Mr. Morris was elected a member of the Assembly of Penn- 
 sylvania; and in 1775, he was elected by it a delegate to the Conti- 
 nental Congress. He was opposed to Independence when the prop- 
 osition was made, and voted against Mr. Lee's resolution on the 
 1st of July, 1776. This was from an opinion that it was premature ; 
 and he was absent from the convention on the 2d and 4th of July, 
 with Dickinson, Biddle and Allen ; so that the vote of the State on 
 the 4th was carried by Franklin, Morton and Wilson against Hum- 
 phreys and Willing. The new convention of the State retained Mr. 
 Morris, but superseded Dickinson, Humphreys, Willing and Al- 
 len, and appointed, in their stead, Messrs. Ross, Smith, Rush, Cly- 
 nier and Taylor ; and when the Declaration had been engrossed, Mr. 
 Morris, on the 2d of August, signed it. He remained in Congress 
 until the end of the session of 1787-8, and served upon important 
 committees, the principal one being the committee charged with the 
 spending of money in the secret service ; and during his service in 
 Congress on various occasions, he pledged his individual credit, to 
 a considerable extent, for the public service. His service in that re- 
 spect continued throughout the war, and specially after appoint- 
 ment as Superintendent of Finance on the 20th of February, 1781. 
 He performed a service of special importance in procuring the pecu- 
 niary means to enable General Washington to move his forces to the 
 South, where at Yorktown occurred the last important battle scene 
 of the Revolution. Mr. Morris was a member of the convention to 
 frame the National Constitution ; and was subsequently elected one 
 
 (323) 
 
324 MOKRIS. 
 
 of the Senators in the first Senate.' He there drew the longer 
 term, and was a member of it from 1789 till tke 4th of March, 1795. 
 
 He was, for many years, prosperous as a merchant, and was con- 
 sidered as having acquired very considerable wealth. He subse- 
 quently became embarrassed. He attributed his first embarrassment 
 to the failure of two commercial houses in Dublin and London in 
 the year 1793, by which he suffered largely. 
 
 He was seized with the then prevailing mania for speculation in 
 lands. The country called the Genessee country, lying west of 
 the Seneca Lake in New York, was originally claimed against New 
 York by the State of Massachusetts, under an unreasonable claim 
 that her charter bounds extended to the western sea or the Pacific 
 ocean. As to the claim see remarks hereafter. 
 
 In the year 1786 commissioners were appointed by the States of 
 Massachusetts and New York to settle their respective claims both 
 as to soil and jurisdiction; and, on the 16th of December of that 
 year, the soil west of the Seneca Lake was ceded by Massachusetts 
 and the jurisdiction over it to New York. In 1787 or '88 Messrs. 
 Gorham and Phelps purchased from Massachusetts the whole terri- 
 tory which had been ceded to it. Subsequently, however, the Leg- 
 islature of Massachusetts took back from Gorham & Phelps the four 
 million of acres west of the Genessee river. In November, 1790, 
 Mr. Morris purchased, from Gorham & Phelps, twelve hundred thou- 
 sand acres of the territory which they had retained, and to which 
 the Indian title had been extinguished. The purchase money is 
 supposed by his son to have been seventy thousand pounds. In 
 1791 Mr. Morris sold to Pulteney and another the land which he 
 had bought from Gorham & Phelps for about seventy thousand 
 pounds sterling. In 1791 Mr. Morris, for himself and others, who 
 subsequently disappointed him, purchased from Massachusettes the 
 four million of acres which that State had received back from Gor- 
 ham & Phelps. The purchase money is supposed to have been one 
 hundred thousand pounds in Massachusetts money. 
 
 In the year 1792-3 and 4, Mr. Morris entered warrants in the 
 Land Office of Pennsylvania for about 160,000 acres. In April, 
 1794, he entered into an association with John Nicholson, then Con- 
 troller of the State of Pennsylvania, for the purchase of about a 
 million of acres of land in Pennsylvania the association being 
 called The Asylum Company. In February, 1795, the North Amer- 
 ican Land Company was formed between Morris, Nicholson & Green- 
 leaf, which was designed to dispose of about six millions of acres of 
 land in Pennsylvania, Virginia, Kentucky, North and South Caro- 
 lina and Georgia. These extensive purchases and arrangements and 
 
MORRIS. 325 
 
 other monetary engagements led to the bankruptcy of Mr. Morris. 
 It may also be noted that in the year 1*791 he purchased the whole 
 square of ground on Chestnut street, Philadelphia, extending from 
 Seventh to Eighth street, and from Chestnut to Walnut, except a lot 
 of about fifty feet front on the corner of Seventh street, and extend- 
 ing in depth about 250 feet on Seventh street. For this ground he 
 was to pay 10,000. He engaged C. Enfant, a French architect, to 
 erect for hirn a splendid dwelling house on Chestnut street on this 
 ground, and it has been said that his expenditure in the erection of 
 this house contributed materially to his subsequent embarrass- 
 ment ; but Mr. Westcott,in his book entitled, The Historic Mansions 
 of Philadelphia, contradicts this opinion, and states that the ex- 
 penditure on the building of this house did not much exceed thirty 
 thousand dollars. 
 
 Among the first of his creditors in instituting suit against Mr. 
 Morris was the Bank of Pennsj-lvania, and levy was made on the 
 lot on Chestnut street previously described, and it was sold at a sac- 
 rifice. Mr. Morris was arrested, and was confined in prison. The 
 first bankrupt law was passed on the 4th of April, 1800, and was 
 to take effect on the 1st of July following. John Nicholson was 
 :ilso arrested and died in prison; but subsequently two thirds in 
 number and amount of the creditors of Mr. Morris agreed to his 
 discharge, and he was released from imprisonment in the latter end 
 of 1801. It is stated that he was imprisoned on process to June 
 term, 1798, and, if so, he was in prison for more than three years. 
 The amount of debts proved against Mr. Morris, according to the 
 report of the commissioners of bankruptcy, was nearly three mil- 
 lions of dollars. He died on the tth of May, 1806, aged seventy- 
 three years. During the life of Mrs. Morris she received from the 
 Holland Land Company an annuity of $2,000, in consideration of 
 her release of dower in certain lands sold by Mr. Morris to that 
 company. One of the sons of Mr. Morris was elected sheriff of 
 Philadelphia in 1841, but died before he had been a year in office. 
 
 Mr. Sullivan, in his book relative to " Public Men of the Revolu- 
 tion," describes Mr. Morris as follows : In his person (as now recol- 
 lected) he was nearly six feet in stature ; of large, full, well-formed, 
 vigorous frame, with clear, smooth, florid complexion. His loose 
 gray hair was unpowdered. His e} r es were gray, of middle size, :iud 
 uncommonly brilliant. He wore, as was common at that day, a full 
 suit of broadcloth, of the same color, and of light mixture. His 
 manners were gracious and simple, and free from the formality which 
 generally prevailed. He was very affable, and mingled ill the com- 
 mon conversation even of the young. 
 
326 MORRIS. 
 
 Note as to the Claim from Sea to Sea. 
 
 Massachusetts was not the only Province or State which claimed 
 such an extreme boundary. Connecticut, or a portion of its citi- 
 zens, claimed under it a part of the upper portion of Pennsylvania 
 under a similar provision in its charter, and Virginia also claimed 
 extension to the western sea. The land beyond the Mississippi did 
 not belong to the English Government, and where the western sea 
 was, was not known in England at the dates of these charters. 
 Some of Chaplain's men in the early part of the last century, who 
 had been a few days' march west from Quebec, reported that they 
 had seen it from a high mountain. In or about the year 160T when 
 the company were soliciting a charter for Virginia, it designed a 
 search for the western sea, and had a barge constructed, which, for 
 convenience, might be taken to pieces. Captain Newport, who was 
 afterwards Deputy Governor, was instructed to ascend the James 
 river in Virginia as far as the falls thereof; and then, cany ing the 
 barge beyond the falls, he was to proceed to the South sea; and he 
 was ordered not to return without a lump of gold, or a certainty of 
 the said sea. John Smith, the pioneer of Virginia, advised against 
 the expedition; but Captain Newport set off with 120 men, and 
 went about forty miles above the falls of the James river, and then 
 returned without having dug a lump of gold or having seen the 
 western sea, more than 2,000 miles away. See Paine's Essay Pub- 
 lic Good, p. 282-3; also 1 Bancroft, 129. Editor. 
 
AS TO OTHER MEMBERS OF THE FIRST SENATE. 
 
 JOHN LANQDON. He was educated for mercantile pursuits. He 
 was one of the party who removed the powder and milita^ stores 
 from Fort William and Mary in 1774. In 1775-6 he was a delegate 
 to Congress. In 1783 he was again elected. In November, 1788, 
 he was elected a member of the United States Senate. From 1805 
 to 1808, and in 1810 and 1811, he was Governor of New Hampshire. 
 He died in August, 1819, aged seventy-eight. Blake. 
 
 PAINE WINGATE was born in Stratham,in New Hampshire, May 
 14, 1739, and graduated at Harvard college in 1759. He was a 
 clergyman for several years ; but in 1789 was a Senator in Congress, 
 and probably was the last surviving member of that body. In 1798 
 he was appointed a judge of the Supreme Court of New Hamp- 
 shire and held this office until 1809, being then seventy years of age. 
 For many 3^ears he was the oldest graduate of Harvard college. 
 He died in 1838, aged ninety-nine years. He was highly esteemed 
 by his contemporaries. Blake. 
 
 CALEB STRONG. When Thomas Jefferson first became President, 
 Caleb Strong was Governor of Massachusetts. He was born in North- 
 ampton in 1744 ; educated at Harvard University ; by profession a 
 lawyer ; and was actively engaged in the first scenes of the Revolu- 
 tion. As early as 1775, when he was only thirty-one years of age, he 
 was a member of the committee of public safety. He was in public 
 service during the whole of revolutionary times ; a member of the 
 convention which framed the Federal Constitution and of that which 
 adopted it in his native State. He was a Senator in Congress from 
 1789 to 1797 ; Governor of Massachusetts from 1800 to 1807 ; and 
 again elected in 1812, and continued in that office during the war. 
 He refused to give up the militia called for at the beginning of the 
 war, because, in his opinion, the call was not warranted by the Con- 
 stitution. In this opinion he was sustained by that of the Supreme 
 Judicial Court. 
 
 Governor Strong was a tall man, of moderate fulness, of rather 
 
 (327) 
 
328 OTHER MEMBERS OF THE FIRST SENATE. 
 
 long visage, dark complexion and blue eyes. He wore his hair 
 loose, combed over his forehead, and slightly powdered. He had 
 nothing of the polish of cities in his demeanor, but a gentle com- 
 plaisance and kindness. He was a man of strong mind, calm, cool 
 judgment, and of purest character throughout his life. He died in 
 November, 1819, aged seventy-four years. Sullivan. 
 
 TRISTRAM D ALTON was born at Newburyport, Massachusetts, in 
 1738, and graduated at Harvard in 1755. He was Speaker of the 
 House of Representatives of Massachusetts, and a member of the 
 Senate. Afterwards a member of the United States Senate. He 
 was subsequently appointed surveyor of the ports of Boston and 
 Charleston, which office he held until his death in 181 7. He was 
 noted for gentleness and elegance of manners for mental cultiva- 
 tion and integrity. Blake. 
 
 OLIVER ELLSWORTH graduated at Princeton in 1766. In 1777 he 
 was chosen a delegate in Congress. In 1784 he was appointed a 
 judge of the Supreme Court of Massachusetts. In 1787 he was a 
 member of the convention which framed the Federal Constitution, 
 and was afterwards a member of the State convention and favored 
 its ratification by that State. In 1789 he was a member of the 
 United States Senate. In 1796 he was appointed by Washington 
 Chief Justice of the Supreme Court of the United States ; but, on 
 account of ill health he resigned the office in 1800. In 1799 he was 
 appointed by President Adams envoy extraordinary to France to 
 negotiate a treaty. He died in 1807, aged sixty-five. Ben Perley 
 Poore. 
 
 WILLIAM SAMUEL JOHNSON graduated at Yale in 1744. He studied 
 law, and in 1765 he was a delegate to the Congress which met at 
 New York; and in 1766 an agent of Connecticut in England. 
 While there he formed acquaintance with eminent men, and for years 
 was a correspondent of Doctor Johnson. He returned in 1771, and 
 in 1772 he was appointed a judge of the Supreme Court of Con- 
 necticut, which office he relinquished in 1774. In 1785 he was a 
 delegate to Congress, and in 1787 a member of the convention 
 which framed the Federal Constitution. He was one of the first 
 Senators in Congress from Connecticut, and it is said assisted Mr. 
 Ellsworth in drawing the judiciary bill. From 1792 till 1800, he 
 was the president of Columbia college ; after which period he re- 
 sided in his native village until his death in 1819, aged ninety-two. 
 Blake. 
 
OTHER MEMBERS OF THE FIIIST SENATE. 329 
 
 RUFUS KINO was graduated at Harvard college in 1777 and was 
 admitted to the bar in 1780. In 1784 he was a delegate from Mas- 
 sachusetts in Congress, and whilst there, in March 1785, he brought 
 forward and advocated the passage of the resolution by which slav- 
 ery was prohibited in the territory northwest of the Ohio. In 1787 
 hi 1 was a member of the convention which framed the Constitution 
 of the United States and bore a considerable part in its formation, 
 and was one of the committee to report a final draft of it. In 1788 
 he removed to New York, and in 1789 he and General Schuyler 
 were elected Senators to the first Senate. In 1796 he was appointed 
 by President Washington minister to England, but returned in 
 1803. In 1813 he was elected by the Democrats of New York to 
 the United States Senate. In 1825 he was again appointed minister 
 to England, but was prevented by disease contracted during his pas- 
 sage from the active discharge of his duties. He remained abroad 
 about a year, when he returned. As an orator he was rather dis- 
 tinguished in Congress. In person he was above the middle size. 
 His countenance was manly and denoted intelligence of a high or- 
 der. He died in 1827 aged seventy-two. Blake and National Por- 
 trait Gallery, and Biographica Americana. 
 
 As to Mr. King, Mr. Sullivan wrote : Rufus King, at this time, 
 was about thirty-three years of age. He was an uncommonly hand- 
 some man in face and form, and he had a powerful mind, well culti- 
 vated, and was a dignified and graceful speaker. He had the ap- 
 pearance of one who was a gentleman by nature, and who had well 
 improved all her gifts. It is a rare occurrence to see a finer assem- 
 blage of personal and intellectual qualities, cultivated to the best 
 effect, than were seen in this gentleman. See Vol. Ill of the Na- 
 tional Portrait Gallery. 
 
 PHILIP SCHUYLER was a Major General in the American army during 
 the Revolution, to which office he was appointed in 1775, and was 
 despatched to the fortifications in the north of New York for the 
 purpose of preparing for an invasion of Canada. His health be- 
 came impaired and the command devolved upon General Montgom- 
 ery. After his recovery he was employed in directing the military 
 operations in that section ; and on the approach of Burgoyne, in 
 1777, he made efforts to obstruct his progress. In consequence of 
 the evacuation of Ticonderoga by General St. Clair, he became un- 
 reasonably suspected and was superseded in the chief command by 
 General Gates. He subsequently rendered important services in the 
 operations at New York, though not in command. He was a mem- 
 ber of Congress previous to the formation of the Federal Constitu- 
 
330 OTHER MEMBERS OF THE FIRST SENATE. 
 
 tion, and afterwards twice a Senator. He died at Albany in 1804, 
 in his seventy-third year. He possessed a mind of great vigor and 
 enterprise, and was characterized by integrity and amiability. 
 Blake. 
 
 WILLIAM PATERSON. He graduated at Princeton in 1*763 in the 
 same class with Tapping Reeve. He was Attorney General of New 
 Jersey from 17*76 to 1*786. He was a member of the convetion which 
 framed the Federal Constitution. In 1*789 he was chosen a Senator 
 of the United States, but resigned in 1790. In 1791 he was elected 
 Governor of New Jersey, and held the office for two years. In 
 1793 he was appointed a justice of the Supreme Court of the United 
 States, which position he held until his death. He died September 
 9, 1806, aged sixty-four years. Blake. 
 
 PHILEMON DICKINSON. Mr. Dickinson was born near to Dover, 
 Delaware, in 1739. He was an officer in the Revolutionary army, 
 and commanded the New Jersey militia in the battle of Monmouth. 
 He was elected a Senator of the United States from New Jersey in 
 place of William Paterson, appointed judge, and served from De- 
 cember 6, 1790, till March, 1793. He died in February, 1809. 
 Blake. 
 
 JONATHAN ELMER. Dr. Jonathan Elmer and Judge Paterson were 
 the Senators from New Jersey in the first Senate of the United 
 States. In a notice by William Maclay in his Journal, under date 
 of September 3, 1789, Dr. Elmer is quite favorably spoken of. Dr. 
 Elmer was born in Cumberland county, New Jersey, in November, 
 1745. He studied medicine and practiced extensively in Jersey, and 
 it is said was regarded by Dr. Rush as a distinguished physician. 
 He was, during the Revolution, an ardent Whig, and in the year 
 1774 approved of the destruction of the tea which had been stored 
 at Greenwich in Jersey. He held various offices in that State, and 
 in November, 1776, he was chosen by the Legislature of that State 
 a member of the General Congress, in which body he served for sev- 
 eral years, and for a while in conjunction with Richard Stockton and 
 Dr. Witherspoon. After the adoption of the Constitution of the 
 United States he was, as a Federalist, chosen a member of the first 
 Senate, in which he drew the shorter term of two years, which ex- 
 pired on the 4th of March, 1791. 
 
 He did not confine his studies to the science of medicine, but also 
 directed his attention to the law, and he became a judge of the court 
 of common pleas. Whilst acting in that capacity he, as he alleged, 
 
OTHER MEMBERS OF THE FIRST SENATE. 331 
 
 following the example of English judges during the prevalence of 
 the plague in London , directed a prisoner in confinement to be removed 
 from the prison, where he was in danger of or was affected by disease, 
 to the house of his mother, where he died. The creditor inhumanly 
 brought suit against the sheriff for an escape ; and when the case 
 came up for trial, objection was made to Judge Elmer's sitting on 
 the case ; but he maintained his position and the plaintiff lost his 
 suit. On account of his age and failing health he declined in 1814 
 to remain longer on the bench. In the year 1798 he united himself 
 with the Presbyterian church at Bridgeton, and subsequently became 
 a ruling elder and an active member of the church. He died in Sep- 
 tember, 1817. Editor. 
 
 RICHARD BASSETT. Mr. Bassett wa's born in Delaware, and re- 
 ceived a liberal education. He studied law, and was admitted to 
 the bar and practiced. He was a delegate from Delaware to the con- 
 vention which framed the Constitution of the United States ; and 
 was a United States Senator from Delaware in the first Senate, serv- 
 ing from March 4, 1789, till March 3, 1791. He was a Presidential 
 elector in 1 7 97 , voting for Mr. Adams as President ; was Governor of 
 Delaware from 1798 till 1801, and was a United States circuit judge 
 in 1801-2. He died in September, 1815. Poore's Directory. 
 
 GEORGE READ was born in Cecil count} 7 , Maryland, in 1733. He 
 was admitted to the bar in 1752. He was Attorney General of the 
 three lower counties in Delaware from 1763 till 1774. He was a 
 delegate in the Continental Congress from 1774 to 1777, and a dele- 
 gate to the State Constitutional Convention of 1776, and was its 
 president ; and was a delegate from Delaware to the convention 
 which framed the Constitution of the United States. He was a 
 United States Senator from 1789 to 1793 ; was the Chief Justice of 
 Delaware from 1793 till his death in September, 1798. A notice of 
 his life and correspondence, by his grandson, William Thompson 
 Reed, has been published. Poore's Directory. 
 
 CHARLES CARROLL, of Carrollton. The charter of Maryland was 
 obtained from Charles I by Lord Baltimore, in June, 1632. Lord 
 Baltimore was a Roman Catholic, and it is said his avowed inten- 
 tion was to erect an asylum in America for persons of the Catholic 
 faith. By the charter, Lord Baltimore was created absolute pro- 
 prietary, saving allegiance to the crown. But license was given to 
 all British subjects to transport themselves thither, and they and 
 their posterity were declared to be entitled to the liberties of Eng- 
 
332 OTHER MEMBERS OF THE FIRST SENATE. 
 
 lishmen, as if born within the kingdom, with power to make laws for 
 the province " not repugnant to the jurisprudence of England." 
 At an early period the proprietary had declared in favor of religious 
 toleration, and in 1649 the Assembly adopted that principle by de- 
 claring " that no persons professing to believe in Jesus Christ should 
 be molested in respect to their religion, or in the free exercise 
 thereof." The State thus became the first of the American States 
 in which religious toleration was established by law. 
 
 In 1702 Charles Carroll, the father of Charles Carroll, of Carroll- 
 ton, was born. It is stated that " he took an active part in the affairs 
 of the Provincial Government ; and in the religious disputes of the 
 time, stood prominent as one of the leading and most influential 
 members of the Catholic faith." In September, 1*737, his son, Charles 
 Carroll, surname of Carrollton, was born. At eight years of age he 
 was taken to France to be educated. He remained there until 1757, 
 when he visited London, and there commenced the study of law. In 
 1164 he returned to Maryland. In 1765 the stamp act caused much 
 excitement in the country, and Charles Carroll, the subject of this 
 sketch, took a zealous part on the side of the colonists. The stamp 
 act was at length repealed. Mr. Carroll became distinguished as a 
 writer on the popular side. The delegates of the Province at length 
 prohibited the importation of tea. After this had been done, a ves- 
 sel arrived at Annapolis with a quantity of tea on board. Popular 
 violence was threatened, and the owner of the vessel applying to Mr. 
 Carroll, was advised to burn the vessel and the tea in it, which was 
 done, with the sails of the vessel set and its colors displayed, amidst 
 the acclimations of the multitude. 
 
 In February, 1776, Mr. Carroll, then a member of the Maryland 
 Convention, was appointed by the Continental Congress to visit 
 Canada, in conjunction with Dr. Franklin, Samuel Chase, and the 
 Rev. John Carroll, to endeavor to influence the Canadians to unite 
 their efforts with those of the United Provinces in the political strug- 
 gle ; but the defeat of General Montgomery's army, and the opposi- 
 tion of priests, rendered the mission abortive. Mr. Carroll arrived 
 at Philadelphia from this mission when the subject of independence 
 was under discussion in the convention. The delegates from Mary- 
 land had been instructed to refuse their assent for it ; but Mr. Car- 
 roll proceeded to Annapolis, and in the convention advocated inde- 
 pendence ; and, on the 28th of June, new instructions were given, 
 and on the 4th of July, 1776, the votes of the Maryland delegates 
 were given for independence. Mr. Carroll was appointed a delegate 
 to the convention, and took his seat in it on the 18th of July. On 
 the next day a resolution was adopted for engrossing the Declara. 
 
OTHER MKMHKIJS <>F TIII-: FIRST SENATE. 333 
 
 tion on parchment, and he was one of those who signed it. He as- 
 sisted in framing the Constitution of Maryland, and continued in 
 Congress until 1778. He was a member of the Senate of the State 
 for several years, and was a member of the first Senate of the United 
 States from 1789 till 1791. Subsequently he was without public 
 position. After the death of Jefferson and Adams he was the sole 
 survivor of those who signed the Declaration. He died on the 14th 
 of November, 1832, in the ninety-sixth year of his age. He was de- 
 scended from an Irish family, and inherited a large estate. Mr. 
 Sullivan stated of him that he was a small, thin person, of gracious, 
 polished manners that at the age of ninety he was still upright, and 
 could hear and see as well as men commonly do. He had a smiling 
 expression when he spoke ; and that he had none of the reserve which 
 usually attends old age. He was said to have preserved his vigor 
 by riding on horseback, and by daily bathing in cold water. 
 
 Oliver Wolcott,who was Secretary of the Treasury under the ad- 
 ministration of Washington and Adams, wrote of him, that Mr. C.'s 
 opinions are such as were to have been expected from a wise, virtu- 
 ous, firm and experienced man. I have long considered this gentle- 
 man as one of the most distinguished props of society in our coun- 
 try." (See Gibbs Wolcott, vol. 2, p. 446.) 
 
 Charles Carroll, the father of Charles Carroll, of Carrollton, was 
 an agent of Lord Baltimore ; and it is probable that the wealth of 
 the latter was mainly owing to lands obtained by his father from 
 Lord Baltimore. Editor. 
 
 JOHN HENRY was born at Easton, Maryland, and graduated at 
 Princeton in 1760, and studied law. He was a delegate from Mary- 
 land to the Continental Congress in 1778 till 1781, and from 1784 
 till 1787. He was a United States Senator from Maryland from 
 March 4, 1789, till December, 1797, when he resigned, having been 
 elected Governor of Maryland. He died in December, 1798. Poore's 
 Directory. 
 
 RICHARD HARRY LEE was born in Virginia in 1732, and was sent 
 to England to be educated. He returned in 1751. In 1758 he ten- 
 dered his services to General Braddock as captain, but they were de- 
 clined. He was elected a delegate to the House of Burgesses in 
 1757 and took an active part in Revolutionary movements. He w:is 
 a member of the first Congress in 1774. On JunelO,1776, he intro- 
 duced the motion to declare independence, and when it was adopted 
 he would have been of course the chairman of the committee to d raw 
 up the Declaration ; but sickness in his family induced his absence, 
 and Jefferson was fortunately appointed to prepare the Declaration. 
 
334 OTHER MEMBERS or THE FIRST SENATE. 
 
 Mr. Lee was reflected to Congress in 1778, but retired in 1780. He 
 served in the State Legislature and as colonel in the militia. He 
 was again in Congress in 1784, and was chosen its President, but re- 
 tired at the end of the year. On the adoption of the Federal Con- 
 stitution he was elected a Senator of the United States. He took 
 his seat in April. 1789 ; was at one time its President, but resigned 
 on account of ill health in 1792. He died in Yirginia in June, 1794. 
 Poore's Directory. 
 
 Resolution from Virginia. 
 
 The convention of Virginia on the 15th of May, 17 76, passed a reso- 
 lution by which, inter alia, they decreed : " That their delegates in 
 Congress be instructed to propose to that body to declare the United 
 Colonies free and independent States, absolved from all allegiance 
 or dependence upon the crown or Parliament of Great Britain ; and 
 that they give the assent of the Colony to such declaration and to 
 measures for forming foreign alliances and a confederation of the 
 Colonies, providing that the power of forming governments for and 
 the regulation of the internal concerns of each Colony be left to the 
 respective Colonial Legislatures." Bancroft, Vol. VIII, p. 378. 
 
 In conformity with this resolve Mr. Lee, on the 10th of June, 
 1776, submitted the resolution, " That these Colonies are and of 
 right ought to be free and independent States that they are ab- 
 solved from all allegiance to the British crown ; and that all politi- 
 cal connection between them and the State of Great Britain is and 
 ought to be totally dissolved." 
 
 WILLIAM GRAYSON was born in Yirginia. He received a classical 
 education in England, graduating at the University of Oxford, and 
 studied law at the Temple in London. After his return he practiced 
 law at Dumfries, Yirginia ; and in August, 1 776, he was appointed an 
 aid-de-camp to General Washington. He entered the Revolutionary 
 army as colonel of a Yirginia regiment, in January, 1777, and was 
 distinguished at the battle of Monmouth. He was appointed a dele- 
 gate to the Continental Congress, serving from 1784 to 1787. He 
 was a member of the Yirginia Convention, and on the question of 
 adopting the Federal Constitution, he opposed its adoption. He was 
 appointed a Senator in the first Congress, and took his seat in May, 
 1789, and served until his death at Dumfries, Yirginia, on his way 
 to New York, then the seat of the General Government, in March, 
 1790. Poore's Directory. 
 
 NOTE. As to Mr. Grayson, see page 71 of the sketches. James Monroe was 
 the successor of William Grayson. 
 
OTHER MEMBERS OF THE FIRST SENATE. 335 
 
 RALPH IZARD was born near to Charleston, South Carolina, in 1742. 
 He was educated at Cambridge, England. He inherited an ample 
 fortune, and in 1771 settled in London; but the troubled condition 
 of American politics induced him, in 1774, to retire to the Conti- 
 nent. In 1780 he returned to the United States, where he was in- 
 strumental in procuring the appointment of General Greene for the 
 command of the Southern army. He pledged his whole estate as 
 security for funds needed in the purchase of ships of war in Europe. 
 In 1781 he entered the Continental Congress ; and upon the adop- 
 tion of the Federal Constitution, he was elected a United States 
 Senator from South Carolina, and he served there from March 4, 
 1789, till March 3, 1795. He died near to Charleston May 30, 
 1804. Poore's Directory and American Cyclopedia. 
 
 PIERCE BUTLER was born in Ireland in July, 1744, and it is said 
 that he was descended from the family of the Dukes of Ormond. 
 Before the Revolution he was a major in a British regiment in Bos- 
 ton, but resigned before the Revolution and settled in Charleston, 
 South Carolina. In 1787 he was a delegate from South Carolina to 
 the Continental Congress, and was a member of the convention 
 which framed the Constitution of the United States. He was elected 
 as a Democrat, United States Senator from South Carolina, serv- 
 ing from March, 1789, till 1796. He was again elected to the United 
 States Senate in place of J. C. Calhoun, deceased, serving from 
 October, 1803, till 1804, when he resigned. He died in Philadelphia 
 on February 15, 1822. Poore's Directory. 
 
 WILLIAM FEW was born in Maryland in 1748. In 1758 his father 
 removed to North Carolina. He received an academic education ; 
 studied law, and was admitted to the bar at Augusta. He served 
 as colonel in the Revolutionary war ; was a delegate to the Conti- 
 nental Congress in 1780, and from 1785 till 1788. He was a dele- 
 gate to the convention which framed the Constitution of the United 
 States, and was a United States Senator from 1789 till 1793. He 
 removed to the city of New York in 1799. He was a member of 
 the House of Representatives of New York from 1802 till 1808 ; and 
 died in New York July 16, 1828. Poore's Directory. 
 
 JAMES GUNN was born in Virginia. He received an academic edu- 
 cation ; studied law ; was admitted to the bar and commenced prac- 
 tice at Savannah, Georgia. He was elected a United States Senator 
 from Georgia in the first Congress, and was reflected, serving from 
 March 4, 1789, till March 3, 1801. Poore's Directory. 
 
 BENJAMIN HAWKINS. North Carolina was not represented in the 
 Senate during the first session, but adopted the Constitution on the 
 
336 OTHER MEMBERS OF THE FIRST SENATE. 
 
 14th of January, 1790. At the second session of the Senate Benja- 
 min Hawkins appeared on the 13th of January, 1790, as a Senator 
 from North Carolina, and on the 29th of the same month Samuel 
 Johnson appeared as a Senator from the same State. Benjamin Haw- 
 kins was born in North Carolina in August, 1754. He received a 
 classical education , was at Princeton college, but the Revolution- 
 ary war suspended the college exercises whilst he was in the senior 
 class. Having acquired a knowledge of the French language he was 
 placed on the staff of General Washington as interpreter, and was 
 at the battle of Monmouth and other engagements. He was a dele- 
 gate to the Continental Congress from 1781 to 1784, and from 1786 
 to 1787. He was appointed by Congress as commissioner to nego- 
 tiate treaties with the Creeks and Cherokees in 1785. He was elected 
 a Senator in the first Congress, serving from January 13, 1790, till 
 March 3, 1795. He was appointed by General Washington in 1796 
 agent for all of the Indian tribes south of the Ohio river, and held the 
 office by successive appointments until his death at the Creek agen- 
 cy, June 6, 1816. Poore's Directory. 
 
 SAMUEL JOHNSTON was born in Scotland in 1733, and immigrated, 
 in early life, to Chowan county, North Carolina. He was a dele, 
 gate to a State meeting in North Carolina in 1755, and its modera- 
 tor ; and was the chief magistrate in North Carolina between the 
 time of the abdication of the last of the royal governors and the ac- 
 cession of the first State Governor. He was elected a delegate to 
 the Continental Congress from 1780 to 1782, and was president of 
 the State Convention in 1788 to consider the Federal Constitution, 
 which was then rejected. He was also the president of the conven- 
 tion in 1789, which ratified the Constitution. He was elected a 
 Senator to the first Congress as a Federalist, serving from January 
 29, 1790, till March 2, 1793. He was appointed judge of the Supe- 
 rior Court of North Carolina in February, 1800, which position he 
 resigned in November, ] 803. He died near to Edenton, in North 
 Carolina, in August, 1816. Poore's Directory. 
 
 JAMES MONROE, of Yirginia. James Monroe, appointed by the 
 Legislature, appeared as a Senator from Yirginia, on December 6, 
 1790, William Grayson, a former Senator, having died. James Mon- 
 roe was born in Westmoreland county, Yirginia, on April 28, 1758. 
 He received a liberal education, graduating at William and Mary 
 College, in Yirginia, in 1 776. He joined the Revolutionary army as 
 a cadet, became a captain, and participated in several engagements. 
 He studied law under Thomas Jefferson. He was a member of the 
 House of Representatives of Yirginia in 1782, and a delegate, from 
 
OTHER MEMBERS OF THE FIRST SENATE. 337 
 
 Virginia, to the Continental Congress from 1783 to 1786. He was 
 a member of the United States Senate from 1790 to 1794 ; was min- 
 ister to France from May, 1794, to December, 1796 ; was Governor 
 of Virginia from 1799 to 1802 ; was again minister to France from 
 January till July, 1803 ; was minister to England in 1803, and to 
 Spain in 1805. He returned home in 1808, and again became Gov- 
 ernor of Virginia. He was Secretary of State of the United States 
 from November, 1811, till March 3, 1817. He was elected and re- 
 flected President of the United States, serving from 4th March, 1817, 
 till March 3, 1825. He retired to his own farm in London county, 
 Virginia, and resided there till 1831, when he removed to the city 
 of New York, where he died on the 4th of July, 1831. Poore's Di- 
 rectory. 
 
 JOSEPH STANTON. Rhode Island did not adopt the United States 
 Constitution until 17 90, and was not represented in the Senate dur- 
 ing the first and second sessions ; but at the third session of the 
 Senate, which was held at Philadelphia, Mr. Stanton and Mr. Fos- 
 ter, in December, 1790, appeared as Senators from that State. 
 Joseph Stanton was born at Charleston, Rhode Island, in July, 
 1739. He served as second lieutenant in a Rhode Island regiment 
 raised for the expedition to Canada in 1759 ; was a member of the 
 General Assembly of Rhode Island from 1768 till 1774 ; was a 
 member of the Committee of Safety in January, 1775, and was 
 colonel of a Rhode Island regiment in 1776. He was a delegate to 
 the State Convention of 1790,w r hich in or about May, 1790^ adopted 
 the Federal Constitution. He was elected a United States Senator 
 from Rhode Island as a Democrat, serving from the 15th of Decem- 
 ber, 1790, till March 3, 1793. He was elected a Representative to 
 the Seventh Congress as a Democrat, and was elected to the Eighth 
 Congress and to the Ninth, serving till March 3, 1807. He died at 
 Charleston, Rhode Island. Poore's Directory. 
 
 THEODORE FOSTER was born at Brookfield, Massachusetts, in April, 
 1752. He received a classical education, graduating at the Rhode 
 Island college, (now Brown's university,) 1770, and again at Darts- 
 mouth college, in New Hampshire, in 1786. He studied law, and 
 commenced practice at Providence, Rhode Island. He was a mem- 
 ber of the House of Representatives of Rhode Island from 1776 to 
 1782 ; was appointed a judge of the admiralty court in May, 1785, 
 and was elected a United States Senator from Rhode Island, serving 
 from December 17, 1790, till March 3, 1803. He was a member of 
 the House of Representatives of Rhode Island from 1812 to 1816, 
 and died at Providence January 13, 1828. Poore's Directory. 
 22 
 
MISCELLANEOUS. 
 
 Notices of other persons not members of the first Senate, but who 
 were distinguished either in the civil or military service in the 
 course of the Revolution. 
 
 SAMUEL ADAMS. Jefferson wrote, in 1819, of Samuel Adams : I 
 can say that Samuel Adams was truly a great man ; wise in coun- 
 cil, fertile in resources, immovable in his purposes, and had, I think, 
 a greater share than any other member in advising and directing our 
 measures in the Northern war. As a speaker he could not be com- 
 pared with his living colleague and namesake, whose deep concep- 
 tions, nervous style, and undaunted firmness, made him truly our 
 bulwark in debate. But Mr. Samuel Adams, although not of fluent 
 elocution, was so vigorously logical, so clear in his views, abundant 
 in good sense, and master always of his subject, that he commanded 
 the most profound attention whenever he rose in an assembly, by 
 which the froth of declamation was. heard with the most profound 
 contempt. RandalVs Jefferson, vol. 1, page 182. 
 
 And according to Mr. Trist's memoirs, Jefferson, on another occa- 
 sion, remarked : " If there was any Palinurus to the Revolution, 
 Samuel Adams was the man. Indeed, in the Eastern States, for a 
 year or two after it began, he was truly the Man of the Revolution. 
 He was constantly holding caucuses of distinguished men, (among 
 whom was R. H. Lee,) at which the generality of the measures pur- 
 sued were previously determined on, and at which the parts were 
 assigned to the different actors, who afterwards appeared in them. 
 John Adams had very little part in these caucuses ; but as one of the 
 actors in the measures decided on in them, be was a Colossus."- 
 Randall, 182. 
 
 Galloway afterwards wrote : " Samuel Adams eats little, sleeps 
 little, thinks much, and is most indefatigable in the pursuit of his 
 object. It was this man who, by superior application, managed at 
 once the factions in Congress at Philadelphia, and the factions of 
 New England." Galloway, vol. 4, P' 356 S quoted in 4th Grahame's 
 History U. S., p. 389. 
 
 Samuel Adams was of common size, of muscular form, light-blue 
 
 (338) 
 
MISCELLANEOUS, 339 
 
 63-68, light complexion, and erect in person. He wore a tie wig, 
 cocked hat, and red cloak. His manner was very serious. At the 
 close of his life, and probably from early times, he had a tremulous 
 motion of the head, which probably added to the solemnity of his 
 eloquence, as this was, in some measure, associated with his voice. 
 He was in favor of adopting the Federal Constitution, but became 
 an opponent to the administration. Though he and Hancock were 
 the only two men excepted in the British proclamation of amnesty, 
 they were, at one time, on very ill terms with each other from dif- 
 erences of opinion. He died in 1803. Sullivan, 142-3. 
 
 Samuel Adams died in 1803, aged seventy. He was a poor man 
 at his death. He left scarcely property enough to pay the expenses 
 of his funeral. Hawthorn, 241, Grandfather's Chair. 
 
 JAMES MADISON. Mr. Madison was a man of small stature and 
 grave appearance. At the close of his presidency he seemed to be 
 a care-worn man, and seemed, by his face, to have attained to a more 
 advanced age than was the fact. He had a calm expression, a pene- 
 trating blue eye, and looked like a thinking man. He was dressed 
 in black, was bald on the top of his head, powdered, of rather pro- 
 tuberant person in front, small lower limbs, slow and deliberate in 
 speech. Mr. Madison was a warm advocate for the Union, and the 
 associate of Jay and Hamilton in the effort to make it acceptable fo 
 the public. But he early became an opponent of the administration, 
 and closely allied to Mr. Jefferson. Sullivan, 140. 
 
 There was much opposition in Virginia, as well as in New York, 
 to the Federal Constitution without the amendments proposed in 
 their several conventions. This opposition was strongly manifested 
 in V irginia in the choice of the first Senators. Mr. Madison, who had 
 been instrumental in its formation and adoption, was a candidate for 
 the Senate, but was defeated. Richard Henry Lee and William 
 ( J r:i yson were elected. Mr. Grayson, with Patrick Henry and others, 
 had opposed its ratification without amendments. Pitkin, 832-375. 
 
 M r. Madison is thus described b}- Fisher Ames, in a letter dated 
 May 3, 1789 : (See Ames' Works, 1, 35-6.) 
 
 Madison is a man of sense, reading, address and integrity as 'tis 
 allowed, very much Frenchified in his politics. He speaks low, 
 his person is little and ordinary. He speaks decent!}' as to manner 
 and no more. His language is very pure, perspicuous and to the 
 point. Pardon me, if I add, I think him too much of a book politi- 
 cian, and too timid in his politics, for prudence and caution are op- 
 posites of timidity. He is not a little of a Virginian, and thinks that 
 State the land of promise ; but is afraid of their State politics, and 
 
340 MISCELLANEOUS 
 
 of his popularity there, more than, I think, he should be. * * * 
 He is our first man. 
 
 In a subsequent letter, dated May 18, 17 89, he remarks further : 
 Madison is cool and has an air of reflection which is not very dis- 
 tant from gravity and self-sufficiency. In speaking he never relaxes 
 into pleasantry, and discovers little of that warmth of heart which 
 gives efficacy to George Cabot's reasoning, and to Lowell's. His 
 printed speeches are more faithful than any other person's, because 
 he speaks very slow, and his discourse is strongly marked. He states 
 a principle and deduces consequences with clearness and simplicity. 
 Sometimes declamation is mingled with argument, and he appears 
 very anxious to carry a point by other means than addressing the 
 understanding. He appeals to popular topics and to the pride of 
 the House such as, that they have voted before and will be con- 
 sistent. I think him a good man and an able man, but he has rather 
 too much theory, and wants that discretion which men of business 
 commonly have. He is also very timid, and seems evidently to want 
 manly firmness and energy of character. Ames' Works; vol. 1, 41- J$- 
 
 GENERAL HENRY KNOX. General Knox was a bookseller and 
 bookbinder at Boston, when the war began, at which time he was 
 twenty-five years of age. He had been a captain of a grenadier 
 company, and was a volunteer at the battle of Bunker Hill. He met 
 Washington at Cambridge, in 1776, and was immediately made chief 
 of artillery, in which relation he continued during the war, and al- 
 ways near headquarters. He served throughout the war, and left 
 the service with the rank of Major General. He was nominated for 
 the War Department by General Washington on the 1 1th of Sep- 
 tember, 1789. When he resigned that office at the close of the year 
 1794, he removed to Boston, and for some years resided there. He 
 was a large man, above middle stature ; his lower limbs inclined a 
 little outward, as though they had taken a form from the long con- 
 tinued use of the saddle. His hair was short in front, standing up, 
 powdered and queued. His forehead was low ; his face large and 
 full below ; his eyes rather small, gray and brilliant. The expres- 
 sion of his face altogether, was a very fine one. When moving along 
 the street he had an air of grandeur and complacency. He carried 
 a large cane, not to aid his steps, but usually under his arm, and 
 sometimes, when he happened to stop and engage in conversation 
 with his accustomed ardor, his cane was used to flourish with in aid 
 of his eloquence. He was usually dressed in black. In the summer 
 he commonly carried his light silk hat in his hand when walking in 
 the shade. His left hand had been mutilated, and a part of it was 
 
MISCELLANEOUS. 341 
 
 gone. He wore a black handkerchief wrapped around it, from which 
 the thumb and forefinger appeared. When engaged in conversation 
 he used to unwind and replace the handkerchief, but not so as to ex- 
 pose his disfigured hand. His voice was strong. His mind was 
 powerful, rapid and decisive, and he could employ it continuously and 
 effectively. His natural propensity was highly social, and no man 
 better enjoyed a hearty laugh. He said that he-had through life left 
 his bed at the dawn, and had been always a cheerful, happy man. 
 
 His hospitality, generosity, and too confident a calculation on the 
 productiveness of sales of extensive tracts of land in Maine, led him 
 into embarrassment towards the close of his life. He died at his 
 splendid mansion at Thomaston, in Maine, in the year 1806. Sulli- 
 van, 130-1. 
 
 M r. Sullivan further remarks that when living in his splendid man- 
 sion in Maine, it was not unusual for General Knox, in the summer 
 when numbers of his friends visited him, to have killed an ox and 
 twenty sheep on every Monday morning ; and to have made up daily 
 an hundred beds, in his own house. He kept for his own use and 
 that of his friends, twenty saddle horses and several pairs of carriage 
 horses. This style of living was too much for his means, and he 
 became embarrassed, as before observed. 
 
 BENJAMIN LINCOLN, a Revolutionary officer, Secretary of War, and 
 first collector of the port of Boston. In 1794 he was about sixty 
 years of age. He had received only an inferior education, but had 
 done much to compensate its defects. Before the war he had been 
 a member of the Legislature and a militia colonel. He was about 
 five feet nine inches in stature, and of so uncommonly broad person 
 as to seem to be of less stature than he was. His gray hair was 
 combed back from his forehead, unpowered and gathered in a long 
 queue. His face was round an* full ; his eyes blue, and his com- 
 plexion light. He was usually dressed in a blue coat and light un- 
 derclothes, and wore a cocked hat. He always appeared in boots, 
 in consequence of a deformity of his left leg, occasioned by a wound 
 received at the capture of Burgoyne. His speech was with apparent 
 difficulty, as though he were too full. The expression of his counte- 
 nance was exceedingly kind and amiable. His manner was very gra- 
 cious ; and like those of all the high officers of the Revolution, his 
 deportment was dignified and courteous. He wrote essays on sev- 
 eral subjects, commercial, agricultural and philosophical. He em- 
 ployed some one to read these essays, and assigned as a reason that 
 lu'iug entirely ignorant of the grammatical construction of language, 
 he could judge only, by the sound, of its correctness. He was af- 
 
342 MISCELLANEOUS. 
 
 flicted with somnolency. This was not occasioned by age, but was 
 constitutional. In the midst of conversation, at table, and when 
 driving himself in a chaise, he would fall asleep. When he com- 
 manded the troops against the Massachusetts insurgents he dictated 
 dispatches and slept between the sentences. His sleep did not ap- 
 pear to disturb his perception of circumstances that were passing 
 around him. He was a man of exemplary morals, and of sincere 
 piety, carrying fully into practical life the ethics of the religion he 
 professed. He enjoyed the high respect and confidence of Wash- 
 ington, and the affectionate regard of his fellow officers. He per- 
 formed his various trusts with ability and integrity. He was presi- 
 dent of the Cincinnati. He died in 1810 at an advanced age. He 
 was collector of the port of Boston, and was one of the few whom 
 Jefferson did not turn out of office. He at length retired from the 
 office. Sullivan, 128-9. 
 
 JOHN JAY was the first Chief Justice of the United States. Whilst 
 occupying that position he was appointed by President Washington 
 minister to England, where he negotiated the treaty known as Jay's 
 treaty, and which was the subject of bitter contest before its con- 
 firmation by precisely the constitutional majority (two thirds) of 
 the Senate. 
 
 Mr. Jay was descended from one of the Protestant families usu- 
 ally called Huguenots. This name, which appears to be of uncertain 
 derivation, like Puritan, was given to a certain class of Christians. 
 In 1598, after Henry the Fourth, of France, had fought his way 
 to the throne, he issued the edict of Nantes, by which he assured 
 to all his Protestant subjects the rights and privileges enjoyed 
 by those who were Catholics. In 1685 this edict was revoked by 
 Louis XIV. Many of the Huguenots escaped from France and 
 established themselves elsewhere ; their skill, talents and industry 
 being thus lost to France. The parents of Mr. Jay settled in New 
 York. He was born in this country. He was forty-four years of 
 age when appointed Chief Justice in It 90. His height was a little 
 less than six feet ; his person thin, but well formed. His complexion 
 was without color ; his eyes black and penetrating ; his nose aquiline, 
 and his chin pointed. His hair came over his forehead, was tied be- 
 hind, and lightly powdered. His dress was black. The expression 
 of his face was exceedingly amiable. - When standing he was a lit- 
 tle inclined forward. His manner was gentle and unassuming. This 
 impression of him was renewed in 17 95, in New York. He had re- 
 turned from his mission to England, in that year, and had been 
 chosen Governor of New York, which office he assumed in July. 
 
MISCELLANEOUS. 343 
 
 He was then about fifty. His deportment was tranquil and unas- 
 suming, and one who had met him, not knowing who he was, would 
 not have been led to suppose that he was in the presence of one 
 eminently gifted by Nature with intellectual power, and who had 
 sustained so many offices of hi^h trust and honor. * * * * 
 Throughout his useful and honorable life he was governed by the 
 dictates of an enlightened Christian conscience. He thought and 
 acted under the conviction that there is an accountability far more 
 serious than any which men can have to their fellow men. Sullivan, 
 
 90-2. 
 
 As to Dress. 
 
 About the year 1760 dress was much attended to by both sexes. 
 Coats of ever}^ variety of color were worn, not excepting red. 
 Sometimes the cape and collar were of velvet, and of a different 
 color from the coat. Sullivan, 67. 
 
 About the end of the century the forms of society underwent a 
 change. The leveling process of France began to be felt. Powder 
 for the hair began to be unfashionable. A loose dress for the lower 
 limbs was adopted. Wearing the hair tied was given up, and short 
 hair became common. Colored garments were out of use, and dark 
 or black were substituted. Buckles disappeared. The style of life 
 had acquired more of elegance as means had increased. Crowded 
 evening parties were not as common then as they are now. There 
 was more of sociability and less form of display than there is now. 
 Sullivan, 145. 
 
 % 
 
 Articles of Provisions in the Constitution of the United States, to 
 which Reference is made on pages 13-14 of the Preface; or in 
 Sketches of Debate Relative to Power in the President to Remove 
 from Office without the Sanction of the Senate and as to the Judicial 
 Power. 
 
 The Preamble to the Constitution of the United States. 
 We, the people of the United States, in order to form a more per- 
 fect union, establish justice, insure domestic tranquility, provide for 
 the common defense, promote the general welfare, and secure the 
 blessings of liberty to ourselves and our posterity, do ordain and 
 establish this Constitution for the United States of America. 1 
 Wheaton, 324 / 4 Wheaton, 403. 
 
 Article First of the Constitution. 
 
 SECTION 8. Congress shall have power to lay and collect taxes, 
 duties, imports and excises to pay the debts, and provide for the 
 
 NOTE. The italics are not used in the Constitution. 
 
344 MISCELLANEOUS. 
 
 common defense and general welfare of the United States ; but all 
 duties, imposts, and excises shall be uniform throughout the United 
 States, &c. 
 
 As to the Power of the President. 
 
 ARTICLE II, SECTION 2. He shall have power, by and with the ad- 
 vice and consent of the Senate, to make treaties, provided two thirds 
 of the Senate present concur ; and he shall nominate, and by and 
 with the advice and consent of the Senate, shall appoint ambassa- 
 dors, other public ministers and consuls, judges of the Supreme 
 Court, and all officers of the United States, whose appointments 
 are not herein otherwise provided for, and which shall be established 
 by law. But Congress may, by law, vest the appointment of such 
 inferior officers, as they think proper, in the President alone, in the 
 courts of law, or in the heads of department. 
 
 SECTION 3. The President shall have power to fill up all vacancies 
 that may happen during the recess of the Senate, by granting com- 
 missions, which shall expire at the end of their next session. 
 
 SECTION 3. He shall, from time to time, give to Congress infor- 
 mation of the state of the Union, and recommend to their consid- 
 eration such measures as he shall judge necessary and expedient; 
 he may, on extraordinary occasions, convene both houses, or either 
 of them ; and in case of disagreement between them with respect to 
 the time of adjournment, he may adjourn them to such time as he 
 shall think proper ; he shall receive ambassadors and other public 
 ministers ; he shall take care that the laws be faithfully executed, 
 and shall commission all the officers of the United States. 
 
 SECTION 4. The President, Yice President, and all civil officers of 
 the United States, shall be removed from office on impeachment 
 for, and conviction of, treason, bribery, or other high crimes and 
 misdemeanors. 
 
 As to the Judiciary. 
 
 ARTICLE III, SECTION 2. The judicial power of the United States 
 shall be vested in one Supreme Court, and in such inferior courts as 
 Congress may, from time to time, ordain and establish. The judges, 
 both of the Supreme and inferior courts, shall hold their offices dur- 
 iug good behavior ; and shall, at stated times, receive for their ser- 
 vices a compensation which shall not be diminished during their 
 continuance in office. 
 
 2. The judicial power shall extend to all cases, in law and equity, 
 arising under this Constitution, the laws of the United States, and 
 
 NOTE. The italics used above are not in the Constitution. 
 
MISCELLANEOUS. 345 
 
 treaties made, or which shall be made, under their authority ; to all 
 cases affecting ambassadors or other public ministers and consuls ; 
 to all cases of admiralty and maritime jurisdiction, to controversies 
 to which the United States shall be a party ; to controversies be- 
 tween two or more States ; between a State and citizens of another 
 State ; between citizens of different States ; between citizens of the 
 same State claiming lands under grants of different States, and be- 
 tween a State, or the citizens thereof, and foreign States, citizens, or 
 subjects. 
 
 Third Congress^ Second Session, December 2, 1793. 
 
 ARTICLE XI. The j udicial power of the United States shall not be 
 construed to extend to any suit in law or equity, commenced or 
 prosecuted against one of the United States, by citizens of another 
 State, or *by citizens or subjects of any foreign State. 
 
 Essay on Imprisonment for Debt, by Mr. Maclay. 
 
 Imprisonment for debt having been introduced, with other British 
 customs, at the first settlement of the country, public prejudice was 
 in its favor. Great was the grief and misery attendant on it ; but it 
 seemed to be classed with the ills inseparable from the lot of human- 
 it Y. mid the result of British wisdom and experience. Investigation 
 will remove this veil of prej udice and predilection for ancient cus- 
 tom. To the person who will cast his eye back on British practice 
 it will be found that no such thing existed at common law. Juris- 
 prudence, both civil and criminal, was in the earliest times adminis- 
 tered in a common court, called the Eegia aula, or Royal Hall. Dis- 
 tinctions naturally presented themselves, and this great court was 
 sub-divided into a number of others, the principal of which were the 
 King's Bench and the Common Pleas. Offenses against the peace, 
 order and regularity of society were considered as committed against 
 the Government, and, of course, fell to the cognizance of the King's 
 Bench. Actions between man and man, of a pecuniary nature re- 
 specting property, fell to the court of Common Pleas. In the pro- 
 ceedings of the first or King's Bench, where personal liberty was used 
 to exercise violence and injure the liberty of another, arrests were 
 allowed, more especially as offenses of this kind could and often were 
 committed by persons who had no property. The demands prose- 
 cuted in the Common Pleas were against property only, and, of course, 
 personal liberty was not considered as the proper object of process. 
 Great competition took place between these courts, and the utmost 
 stretch of ability was exerted to try who should engross the busi- 
 ness. In order to this the King's Bench, under the law maxim that 
 
346 MISCELLANEOUS. 
 
 in fictione juris consistat equitas, feigned trespasses where none ex- 
 isted ; and, of course, all their process was by arrest. When dis- 
 pute happens between two persons it is easy to conceive that a law 
 case or suit is the consequence ; but to feign a trespass, which im- 
 plies violence to be committed in such case, after such case had hap- 
 pened, is absolute nonsense. Yet the thing obtained, and trespass 
 on the case, trespass in debt, are common law terms. It is true 
 practice has assigned a kind of meaning to them, and you can guess 
 by them whether the demand is on a note or bond, as different in- 
 gredients will sometimes produce a third something by mixture. 
 But nothing can be more absurd than the terms so applied in their 
 original meaning ; and yet by such absurdity was the liberty of 
 freemen lost. The feigned trespass was first set forth in the pro- 
 ceedings ; then came the ac etiam clause, stating the debt after he 
 was in custody for the trespass, &c. All these petty proceedings 
 were carried on by what lawyers call the trinum in lege ; and by 
 such tricks the King's Bench obtained a superiority. 
 
 But the Common Pleas also fell to fictions, and they tried their 
 clausum fregit their etiams, &c., too, for they found they must 
 gratify the vengeance of creditors as well as the King's Bench, or 
 they would have no business. And thus imprisonment for debt be- 
 came general. 
 
 Such a picture is not very pleasing, and ought certainly to be re- 
 jected unless better reasons can be adduced than arise from the ori- 
 gin or practice of it. But if ancient precedent is to fix the matter, 
 let us inquire how it was in Athens while ancient Greece was in all 
 her glory ? The liberty of the citizen was so precious that its exer- 
 cise could be suspended by the law alone. He could not engage it 
 for debt on any pretext whatever. 
 
 Let us, however, endeavor to settle this question on principle, 
 abstract from all practice and custom whatever. 
 
 Debt, then, appears to be the child of credit. What, then, are the 
 objects which have influence upon or from which credit is gener- 
 ated ? Not liberty and personal freedom certainly, for in that case 
 our Indians would have more credit than any people we know. 
 Does it flow from accomplishments, elegance of manners or personal 
 beauty ? No such thing is known in men, (female beauty excepted.) 
 Property and personal honor will be considered as the fullest an- 
 swer that can be given to the question. But honor without prop- 
 erty is will without power. We trust a man not because we know 
 him to be willing, but because we believe him to be able to pay. 
 Original traffic proceeded on the principle of benevolence and accom- 
 modation. The wants of one were supplied by the superfluities of 
 
MISCELLANEOUS. 347 
 
 the other, and both were obliged. But is it the case in the present 
 mercantile system ? Far from it. Commerce is now a game of 
 abilities, and the outwitted dealer is often the best man of the two ; 
 for whether it is that the benevolent qualities of the heart impede 
 the activity of the head, or from whatever cause, it is a common re- 
 mark that the best men are generally the most unluclsy in trade. 
 Shall then the loss of liberty be added to the misfortunes of such a 
 one ? Certainly no. There is no treating a subject of this kind 
 without bringing into view the profession of the law, and a class of 
 men of whom all the good and all the evil that could be imagined 
 has been said with some appearance of reason. What more amiable 
 than the man of legal abilities, exerting his utmost powers for the 
 protection of innocence and relief of distress ? What more detest- 
 able than the wretch who glories in the miseries and preys upon the 
 distress of his fellow citizens ? You behold in one the good Samari- 
 tan with his wine and oil. In the other the Alpine wolf attacking 
 the distressed wanderer, depriving him of life, and rending his car- 
 cass in pieces. Here we find the fabled figure realized, where the 
 superior parts are adorned with all the charms and attractions of 
 female beauty, but the inferior end in the fins of a filthy fish or the 
 claws of a griping lobster. 
 
 Having said so much on the character of the bar, it will be super- 
 fluous to add that they are divided on this question. While some 
 reprobate the measure in the strongest terms, others support it and 
 blush not to declare that the confined client always gives the most 
 generous fees. " Skin for skin all that a man hath w r ill he give for 
 life." Liberty is the soul of life. Life without it is misery. Gaols 
 are the man traps of the hunters of the law. Once shut up, the 
 prisoner's propert}" is sure game. He regards it not. Liberty is 
 his only wish, and all his substance is generally cast at the feet of 
 some mighty Nimrod of the bar to procure his enlargement. Thus 
 while some chase the devoted game into the toils of the law and the 
 pitfall of a gaol, others strip them completely in the taking out ; and 
 the spoils of their property, instead of paying their creditors or sup- 
 porting their families, fall often, in great* proportion, into the hands 
 of those who have hunted them. 
 
 NOTE. In the year 1787, when a bill was depending in Parliament 
 for the relief of insolvent debtors, the Chancellor opposed it and 
 said : " The general idea that humanity requires the intervention of 
 the legislature between the debtor and the creditor is a false no- 
 tion, founded in error and dangerous in practice. A much greater 
 evil than the loss of liberty is the dissipation and corruption that 
 
348 MISCELLANEOUS. 
 
 prevail in our prisons. To these your Lordships had better direct 
 your attention than to defrauding the creditor of the chance of re- 
 covering his property by letting loose his debtors, and taking from 
 him the very hope of payment." Lord Campbell observes that so 
 blinded was he, "the chancellor," by prejudice as not to see that 
 the " dissipation and corruption " of which he complains were pro- 
 duced by the very power of imprisonment which he defended. Lord 
 Campbell's Lives of Lord Chancellors, vol. 7, p. 96-7. 
 
 In 1759 Dr. Johnston computed the number of imprisoned debtors 
 in England at not less than 20,000 ; and asserted that one in four 
 died every year from the treatment they underwent. He afterwards 
 admitted that he had found reasons to question the accuracy of this 
 calculation. But cases were proved of debtors unable to pay their 
 fees, who were locked up with prisoners suffering from small-pox, 
 and thus destroyed. Of others who were reduced almost to skele- 
 tons by insufficient food ; of sick women who were left without beds, 
 without attendance, and without proper nourishment until they died 
 of neglect ; of men who were tortured by thumb screws, or who lin- 
 gered in slow agony under irons of intolerable weight. Page 54%-4 
 of the History of England in the Eighteenth Century, by Lecky. 
 
 Imprisonment for mere debt was not abolished in Pennsylvania 
 till 1842. It still exists, we believe, against certain classes of per- 
 sons in England. 
 
The Alleged Mecklenburg Declaration of the twentieth 
 of May, seventeen hundred and seventy-^ ve. 
 
 That whosoever directly or indirectly abetted, or in any way, form, 
 or manner countenanced the imchartered and dangerous invasion of 
 our rights, as claimed by Great Britain, is an enemy to this coun- 
 try, to America, and to the inherent and inalienable rights of man. 
 That we, the citizens of Mecklenburg count}^ do hereby dissolve the 
 political bands which have connected us to the mother country, and 
 hereby absolve ourselves from all allegiance to the British crown, 
 and abjure all political connection, contract, or association with that 
 nation, who have wantonly trampled on our rights and liberties, and 
 inhumanly shed the blood of American patriots at Lexington. 
 
 That we hereby declare ourselves a free and independent people ; 
 are and of right ought to be a sovereign and self-governing associa- 
 tion, under the control of no power other than that of God, and the 
 general government of Congress ; to the maintenance of which inde- 
 pendence, we solemnly pledge to each other our mutual cooperation, 
 our lives, our fortunes, and our most sacred honor, &c., &c. 
 
 (Signed) ABRAHAM ALEXANDER, Chairman. 
 
 JOHN McNiTT ALEXANDER, Secretary. 
 
 Resolution submitted by Richard Henry Lee. 
 
 The resolution submitted by Mr. Lee on the 10th of June, 1776, 
 in conformity to the resolution from Virginia, was : That these col- 
 onies are and of right ought to be free and independent States, that 
 they are absolved from all allegiance to the British crown, and that 
 all political connection between them and the State of Great Britain 
 is and ought to be totally dissolved.* 
 
 In the Declaration of Independence Mr. Jefferson wrote : When, 
 in the course of human events, it becomes necessary for one people 
 to dissolve the political bands which have connected them with 
 another, &c. We hold these truths to be self-evident that all men 
 are created equal ; that they are endowed by their Creator with certain 
 inalienable rights, that among these are life, liberty, and the pursuit 
 of happiness, &c.; and concluding, that these colonies solemnly pub- 
 lish and declare, That these united colonies " are and of right ought 
 to be free and independent States " " that they are absolved from 
 all allegiance to the British crown,' 1 ' 1 and that " all political connec- 
 tion between them and the State of Great Britain is and ought to be 
 
 *The words italicized in the above are in the Mecklenburg declaration. 
 
 (349) 
 
350 MISCELLANEOUS. 
 
 totally dissolved," and that as free and independent States they have 
 full power to levy war, conclude peace, contract alliances, establish 
 commerce, and do all other acts and things which independent States 
 may of right do. And for the support of this declaration, with a 
 firm reliance on the protection of Divine Providence, we mutually 
 pledge to each other our lives, our fortunes, and our sacred honor. 
 
 The words between quotation marks are in the resolution offered 
 by Mr. Lee. The only other expressions used by Mr. Jefferson and 
 which are in the alleged Mecklenburg declaration, are " inalienable 
 rights," " political bands which have connected," and u our lives, 
 our fortunes, and our sacred honor." 
 
 It would seem that the Mecklenburg declarations, if they existed, 
 had been seen in Virginia before the Virginia resolution was adopted ; 
 and they may have been also seen by Mr. Jefferson without his spe- 
 cial recollection where he had seen them. 
 
 For the resolution adopted in Virginia on 15th of May, 17T6, see 
 antea, page 333. 
 
 NOTE. The words in italics are in the Mecklenburg declaration of 20th 
 May, 1775, if it existed. 
 
 Declaration of Independence of the United States, 
 adopted on the fourth of July, 1776. 
 
 [NOTE. The words italicized in this copy of the Declaration are in the al- 
 leged Mecklenburg Declaration of 20th May, 1775, if it existed.] 
 
 When, in the course of human events, it becomes necessary for one 
 people to dissolve the political bands which have connected them with 
 another, and to assume, among the powers of the earth, the separate 
 and equal station to which the laws of nature and nature's God en- 
 title them, a decent respect to the opinions of mankind requires that 
 they should declare the causes which impel them to the separation. 
 
 We hold these truths to be self-evident, that all men are created 
 equal ; that they are endowed by their Creator with certain inalien- 
 able rights ; that among these are life, liberty, and the pursuit of 
 happiness. That, to secure these rights, governments are instituted 
 among men, deriving their just powers from the consent of the gov- 
 erned ; that, whenever any form of Government becomes destructive 
 of these ends, it is the right of the people to alter or to abolish it, 
 and to institute a new Government, laying its foundation on such 
 principles, and organizing its powers in such form, as to them shall 
 seem most likely to effect their safety and happiness. Prudence, in- 
 deed, will dictate that Governments long established, should not be 
 
MISCELLANEOUS. 351 
 
 eha nircd for light and transient causes; and accordingly, all experi- 
 ence hath shown, that man kind are more disposed to suffer, while 
 evils are sufferable, than to right themselves by abolishing the forms 
 to which they are accustomed. But, when a long train of abuses 
 and usurpations, pursuing invariably the same object, evinces a de- 
 sign to reduce them under absolute despotism, it is their right, it is 
 their duty, to throw off such Government, and to provide new guards 
 for their future security. Such has been the patient sufferance of 
 these colonies, and such is now the necessity which constrains them 
 t<> alter their former systems of Government. The history of the 
 present King of Great Britain is a history of repeated injuries and 
 usurpations, all having, in direct object, the establishment of an ab- 
 solute tyranny over these States. To prove this, let facts be sub- 
 mitted to a candid world : 
 
 He has refused his assent to laws the most wholesome and neces- 
 sary for the public good. 
 
 He has forbidden his Governors to pass laws of immediate and 
 pressing importance, unless suspended in their operation till his as- 
 sent should be, obtained ; and, when so suspended, he has utterly ne- 
 glected to attend to them. 
 
 He has refused to pass other laws for the accommodation of large 
 districts of people, unless those people would relinquish the right of 
 representation in the Legislature ; a right inestimable to them, and 
 formidable to tyrants only. 
 
 He has called together legislative bodies at places unusual, un- 
 comfortable, and distant from the depository of their public records, 
 for the sole purpose of fatiguing them into compliance with his 
 measures. 
 
 He has dissolved representative Houses repeatedly, for opposing, 
 with manly firmness, his invasions on the rights of the people. 
 
 He has refused, for a long time after such dissolutions, to cause 
 others to be elected ; whereby the legislative powers, incapable of 
 annihilation, have returned to the people at large for their exercise ; 
 the State remaining, in the meantime, exposed to all the danger of 
 invasion from without, and convulsions within. 
 
 He has endeavored to prevent the population of these States ; for 
 that purpose, obstructing the laws for naturalization of foreigners ; 
 refusing to pass others to encourage their migration hither, and 
 raising the conditions of new appropriations of lands. 
 
 He has obstructed the administration of justice, by refusing his 
 assent to laws for establishing judiciary powers. 
 
 He has made judges dependent on his will alone, for the tenure of 
 their office, and the amount and payment of their salaries. 
 
352 MISCELLANEOUS. 
 
 He has erected a multitude of new offices, and sent hither swarms 
 of officers to harass our people, and eat out their substance. 
 
 He has kept among us, in times of peace, standing armies, without 
 the consent of our Legislature. 
 
 He has affected to render the military independent of, and su- 
 perior to, the civil power. 
 
 He has combined, with others, to subject us to a jurisdiction for- 
 eign to our Constitution, and unacknowledged by our laws ; giving 
 his assent to their acts of pretended legislation : 
 
 For quartering large bodies of armed troops among us. 
 
 For protecting them, by a mock trial, from punishment, for any 
 murders which they should commit on the inhabitants of these 
 States. 
 
 For cutting off our trade with all parts of the world. 
 
 For imposing taxes on us without our consent. 
 
 For depriving us, in many cases, of the benefits of trial by jury. 
 
 For transporting us beyond seas to be tried for pretended of- 
 fenses. 
 
 For abolishing the free system of English laws in a neighboring 
 province, establishing therein an arbitrary Government, and enlarg- 
 ing its boundaries, so as to render it at once an example and fit in- 
 strument for introducing the same absolute rule into these colonies. 
 
 For taking away our charters, abolishing our most valuable laws, 
 and altering, fundamentally, the powers of our Governments. 
 
 For suspending our own Legislatures, and declaring themselves 
 invested with power to legislate for us in all cases whatsoever. 
 
 He has abdicated Government here, by declaring us out of his 
 protection, and waging war against us. 
 
 He has plundered our seas, ravaged oar coast, burnt our towns, 
 and destroyed the lives of our people. 
 
 He is at this time transporting large armies of foreign mercena- 
 ries to complete the works of death, desolation and tyranny, already 
 begun, with circumstances of cruelty and perfidy scarcely paralleled 
 in the most barbarous ages, and totally unworthy the head of a civ- 
 ilized nation. 
 
 He has constrained our fellow-citizens, taken captive on the high 
 seas, to bear arms against their country, to become the executioners 
 of their friends and brethren, or to fall themselves by their hands. 
 
 He has excited domestic insurrections among us, and has endeav- 
 ored to bring on the inhabitants of our frontiers the merciless In- 
 dian savages, whose known rule of warfare is an undistinguished 
 destruction of all ages, sexes, and conditions. 
 
 In every stage of these oppressions, we have petitioned for re- 
 
MISCELLANEOUS. 353 
 
 dress, in the most humble terms ; our repeated petitions have been 
 answered only by repeated injury. A prince, whose character is 
 thus marked by every act which may define a tyrant, is unfit to be 
 the ruler of a free people. 
 
 Nor have we been wanting in attention to our British brethren. 
 We have warned them, from time to time, of attempts made by their 
 Legislature to extend an unwarrantable jurisdiction over us. We 
 have reminded them of the circumstances of our emigration and set- 
 tlement here. We have appealed to their native justice and mag- 
 nanimity, and we have conjured them, by the ties of our common 
 kindred, to disavow these usurpations, which would inevitably in- 
 terrupt our connections and correspondence. They, too, have been 
 deaf to the voice of justice and consanguinity. We must, therefore, 
 acquiesce in the necessity which denounces our separation, and hold 
 them, as we hold the rest of mankind, enemies in war, in peace, 
 friends. 
 
 We, therefore, the representatives of the UNITED STATES OF 
 AMERICA, in GENERAL CONGRESS assembled, appealing to 
 the Supreme Judge of the world for the rectitude of our intentions, 
 do, in the name and by the authority of the good people of these 
 colonies, solemnly publish and declare, That these United Colonies 
 are and of right ought to be FREE AND INDEPENDENT STATES ; that 
 they are absolved from all allegiance to the British crown, and that 
 all political connection between them and the State of Great Britain 
 is, and ought to be, totally dissolved ; and that, as FREE AND IN- 
 DEPENDENT STATES, they have full power to levy war, con- 
 clude peace, contract alliances, establish commerce, and to do all 
 other acts and things which INDEPENDENT STATES may of 
 right do. And, for the support of this declaration, with a firm re- 
 liance on the proteqtion of Divine Providence, we mutually pledge 
 to each other , our lives, our fortunes, and our sacred honor. 
 
 23 
 
INDEX 
 
 Page. 
 
 Names of members and classification 1,2 
 
 Inauguration of Mr. Adams as Vice President, 2,4 
 
 Communication between the Houses, 4 
 
 Resolution and debates relative to titles, . 5,6,9,38,39,40,41,42,46,47,48,49,50 
 
 Grayson as to titles, 71 
 
 Letter of Mr. Maclay to Judge Peters, 7,8 
 
 Speech of Mr. Adams to the Senate, 10 
 
 As to importations, 11 
 
 Visit by -Washington to Mr. Maclay, 12 
 
 Relative to the manners of members from different sections, 12,13 
 
 As to the inauguration, .... 14 
 
 The inauguration and address of the President, 16,17,20 
 
 Debate as to gracious speech, . . . 20 
 
 Interview with General St. Glair as to intercourse with the President, 
 
 &c., 22 
 
 Letters of Mr. Hamilton on the same subject, 23 
 
 Letter of the President to Mr. Adams and reply, 25,29 
 
 As to oaths, 29,32 
 
 Enacting clause of acts, 30,89,151 
 
 Communication between the Houses, 32,36 
 
 Answer to the speech of the President, . . 36,51 
 
 The President at the theatre, 43,44 
 
 As to signing address to the President, 51,52 
 
 Delivery of it, and reply, 53,54 
 
 Levee, 54,74 
 
 Salary of the President and Vice President, 58 
 
 The import bill, 55,59,60 
 
 Loaf sugar, 65 
 
 Mr. Morris on the tariff, . 71,72 
 
 Mr. Butler as to the impost law, 75,76 
 
 As to dissolution, 77 
 
 Mrs. Morris, 77 
 
 Mr. Maclay 's remark as to views of members as to the impost bill, . . 77 
 
 Discriminations as to nations in and out of treaty connection, .... 81 
 
 As to balloting, or voting viva voce, on nominations, 81 
 
 The judiciary bill and chancery, 86,90,94,95, &c'. 
 
 Seat of government at Ilarrisburg, 89 
 
 Department of Foreign A Hairs, 104 to 113 
 
 The triangle in Erie county, 11(5, 117 
 
 The President in the Senate chamber relative to treaties with Southern ' 
 
 Indians, . . 122t<.ny> 
 
 The permanent residence, . .126,135,136,144 
 
 And till end of the session, 193 
 
356 INDEX. 
 
 Page. 
 
 Dinner with the President, 129 
 
 Ice cream in 1789, 129 
 
 The compensation or salary bill, 131, &c. 
 
 Dr. Elmer, 136,330 
 
 Salaries of judges, 143 
 
 Relative to the name of the President in Federal writs, ... ... 151 
 
 Whether the President was subject to process, 152 
 
 SECOND SESSION. 
 
 The President's speech and answer to it, 156,157 
 
 Dinner with the President, 157,158 
 
 Speculation in certificates, 158 
 
 Whether bills shall be taken up de novo, or as left at the last session, 158,159 
 
 161,162,163 
 
 The funding system or bill, 165,219,225 
 
 Falls of Niagara, 165,166 
 
 The permanent residence, 166, <fcc., 209,215,217,220 
 
 The Abolition Society, 169 
 
 Mr. Madison, 172 
 
 The naturalization bill, 175,179,181 
 
 The assumption bill, 175,176, &c., 193,194,201,202 
 
 Purchasing unimproved lands in Pennsylvania, . . 178,180 
 
 Description of the country in the interior of Pennsylvania, 182 
 
 Honorable struck out before names of Senators, 187 
 
 Pay and mileage of Senators, 190 
 
 Military establishment, 195,198 
 
 Dr. Franklin, 199 
 
 Resolution for opening the doors of the Senate, 201 
 
 Mount Vernon, ... ... 202 
 
 Salaries of ministers, &c., abroad, 204,233 
 
 Senator who has set up a coach, 204 
 
 Resolution against Rhode Island. The Sons of Tammany, 205,206 
 
 Pennsylvania accounts against the United States, 207 
 
 Illness of the President, 207 
 
 Arrears of pay to troops, 210 
 
 Jefferson's appearance and conversation, 212,295 
 
 Baron Steuben, 212,214,219 
 
 Expense of intercourse with foreign nations, 215 
 
 George Logan, 219 
 
 Messrs. Lee, Ellsworth, Paterson, and Mr. Maclay himself, . . 224 
 
 Interview between Mr. Morris and Mr. Hamilton as to the residence 
 
 and assumption, . . 226 
 
 The permanent and temporary residence, 227,234 
 
 The bill passed, 239 
 
 The funding bill, 228,229,230 
 
 Consuls and vice consuls, 229 
 
 West Point, 236 
 
 Dinner by the Pennsylvania delegation, and relative to Messrs. Ham- 
 ilton, Jefferson, and General Knox, 
 
 THIRD SESSION AT PHILADELPHIA. 
 
 The President's speech, 265 
 
 Relative to the war against the Wabash Indians, 265 
 
INDEX. 357 
 
 Page. 
 
 As to nobility, or titles, 265,266 
 
 General Harmon and General St. Glair's expeditions, and General St. 
 
 ('lair and General Ogle, 266,267 
 
 National Bank, 270,280,281 
 
 As to Mr. Maclay's memoranda, 273 
 
 As i<> captives at Algiers, and war with Algiers, 276,283,288,300 
 
 Mr. Ellsworth, ... 278 
 
 Dinner with the President, 282 
 
 Appearance of the President, 233 
 
 The ten miles square, 285,294 
 
 Judge Bryan, 287 
 
 The excise bill, 289,290,291 
 
 As to the opossum 292 
 
 As to the General Government and the States, 292,293 
 
 The subject of instructions and open doors of Senate, 296 
 
 Our relations with and obligations to France, and interested views in 
 
 nations, 298,299 
 
 The mint, 301 
 
 End of the session and of Mr. Maclay's term, 303 
 
 APPENDIX. 
 
 Notice of Washington, 305,&c. 
 
 Vice President Adams, 313 
 
 Mr. Jefferson, 316 
 
 Mr. Hamilton, 318 
 
 Proposition as to treason, 321 
 
 Aaron Burr, 322 
 
 Robert Morris, 323 
 
 Other members of the Senate, 327 to 337 
 
 Miscellaneous, relative to Samuel Adams, Mr. Madison, General Knox, 
 
 General Lincoln, and Chief Justice Jay, 338 to 343 
 
 As to dress, ... 343 
 
 The preamble to the Constitution, and various constitutional provi- 
 sions, 343,344,345 
 
 Essay by William Maclay as to imprisonment for debt, 345 
 
 The alleged Mecklenburg declaration on 20th May, 1775, 349 
 
 Resolution in Virginia in May, 1776, as to independence, 334 
 
 Resolution submitted by Mr. Lee on 10th of June, 1776, 334 
 
 As to this resolution see notice of Mr. Lee on page 333, and of Robert 
 
 Morris, . . .... 323 
 
 The Declaration of Independence in July, 1776, 350 
 
 For an account of Tammany, see Harper's Magazine of April and May, 1872, 
 where are photographs of distinguished political characters, viz: of Aaron 
 Burr, Morgan Lewis, George Clinton, DeWitt Clinton, Daniel D. Tompkins, 
 Martin Van Buren, Silas Wright, William L. Marcy, A. Oakey Hall, Richard 
 B. Connolly, William M. Tweed, Peter B. Sweeny, and Fernando Wood. 
 
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