Gazette of the United-States. (New-York [N.Y.]), 1791-02-26 00:00:00

Gazette of the United States.
PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, BETWEEN SECOND AND THIRD STREETS, PHILADELPHIA.
[No. 87, of Vol. II.]
SATURDAY, FEBRUARY 26, 1791.
[Whole No. 191.]
Discourses on Davila.—No. 24.
(Continued from No. 63 of this Gazette.)
AFFAIRS had now taken a new face. It was easy to foresee, that the animosities of the two factions would never be extinguished but by arms—and that the tempest which had long grumbled in the air, would soon pour upon their heads. Accident soon produced a favorable conjunction for precipitating France into the greatest misfortunes. The King of Navarre, having declared himself openly for the Catholic party, fixed his residence at Paris. This city, situated in the centre of France, is much more populous, more rich, more magnificent and more powerful, than any other in the kingdom. This Prince, believing that the other cities would easily conform to the example of the capital, forgot nothing to hinder the Hugonots from holding their assemblies, and preaching their sermons there; in which the Parisians in general, enemies of the reformation, seconded him with zeal. By this means he hoped in time to diminish insensibly the credit and the forces of the Protestants, and take away their liberty of conscience, which alone supported their existence. The Prince of Conde resided also at Paris, where he promoted and fomented the designs of the Hugonot ministers. Under the pretext of causing to be observed the edict of January, he extended from day to day the liberty of conscience; and, whether by power or by right, arrogated to himself a great authority in what respected the State. The King of Navarre, animated equally against his brother by a love of repose, and by jealousy, resolved to compel him to go out of Paris. Several other motives determined him to put an end to troubles and seditions, as well as conventicles, in a city which was the firmest support of the Catholic party; but whether he felt himself too weak to attempt such an enterprize alone, or whether he wished to consult his confederates before he executed any thing, he invited the Duke of Guise and the Constable to come and join him, with their partisans.
The Duke of Guise, since his retirement from Court, resided at Joinville, one of his country seats, upon the frontiers of Champagne and Picardy. Upon the invitation of the King of Navarre, he departed for Paris, accompanied by the Cardinal his brother, a numerous retinue of gentlemen attached to his interests, and two companies of men in arms. The first of March, in the morning, as he passed by Vassi, a little city in Champagne, his people heard an unusual ringing of bells, and having asked the reason of it, were told that it was the signal of a sermon at which the Hugonots assembled. The valets and footmen of the Duke, who were most forward on the road, excited by the singularity of the thing, and by curiosity to see one of these assemblies, which were but lately begun to be holden publicly, advanced in a tumult, uttering their coarse jokes, towards the place where the Hugonots were assembled to hear their ministers. The Calvinists understanding that the Duke of Guise, whom they regarded as one of their most ardent persecutors, was not far off, and seeing a troop of his people coming directly to them, whether they dreaded some insult, or whether they were piqued at the rude railleries and scornful speeches of this servile mob, they answered by acts of violence, pelting with stones the first who were advancing towards their congregation.
This is the account of Davila—and at this day it may be of as little consequence to enquire which side began to use force, as to ascertain which party fired the first gun at our Lexington.
When a nation is prepared for a civil war, when parties are formed and passions enflamed, which can be extinguished no other way, it is, only for the sake of popularity, necessary to enquire which strikes the first blow. But in our American revolution, we know it was the party who were in the habit of domineering who began—and such is commonly the case. Most probably De Thou is in the right for the same reason—who asserts that the Duke of Guise's servants threw the first stones; and if this was done without the Duke's orders, it is certain that his mother, a bigotted furious Catholic, had often entreated him to deliver her from the neighbourhood of the Protestants of Vassi; and very probably she had enflamed his whole family against them. However this might be, the Catholics abandoned all their prudence and attacked the
Protestants, sword in hand, and the skirmish soon became furious. The Duke, informed of the tumult, and wishing to appease it, ran in all haste and rushed into the midst of the combatants—while he reprimanded his own people, and exhorted the Hugonots to retire, he was slightly wounded by the stroke of a stone upon his left jaw. The blood which he lost obliged him to retire from the uproar, when his followers, growing outrageous, had recourse to fire-arms, forced the house where the Calvinists had barricaded themselves, killed more than sixty of them; and their minister, dangerously wounded, escaped with great difficulty over the roofs of the neighbouring houses. When the commotion was assuaged, the Duke of Guise sent for the Judge of the place, and reprimanded him for tolerating such conventicles. The Judge excused himself, because these assemblies were permitted by the edict of January. The Duke, as much enraged at this answer as at the disorder which occasioned it, laid his hand on the hilt of his sword, and replied, with great fury, "The edge of this iron shall soon deliver us from that edict which they think so solidly established." These words, uttered in the ardour of his indignation, did not escape the attention of those who heard them—and in the sequel he was accused of being the Boutefeu, and the author of the civil wars.
The Hugonots, irritated by the massacre at Vassi, could no longer contain themselves within the bounds of moderation—not content with the excesses committed by them in several cities of the kingdom, and especially in Paris, where they had massacred several Catholics, and set fire to the church of St. Medard; they listened only to their own rage, and excited every where troubles and bloody seditions; monasteries were pillaged, images broken, altars overturned, and churches profaned. These excesses, on both sides, embittered mens' minds, and they rushed every where to arms. The chiefs of the two parties, agitated by the same motives, assembled their forces and prepared openly for war. But the leaders of both factions were not ignorant that, in the actual state of things, they could not take arms without rendering themselves guilty of rebellion, and that there was neither pretext nor colour which could authorize any measures which tended to war. The Catholics could not interrupt the execution of the edict of January, without controverting openly the decisions of the council, and wounding the royal authority from which this edict had issued. The Hugonots had no reasonable motive to revolt, while they were protected and allowed to enjoy the liberty of conscience granted them by that edict. The leaders of each party desired to draw the King to their side, and to become masters of his person, either to abolish the edict, or to derive new advantages from it, in order to prove that their cause was the most just—and that it was the opposite party which erected the standard of revolt, by opposing the apparent will of the Sovereign, and by attacking even his person.
would vindicate the policy of the measure. But why should we lose time to examine the theory, when it is in our power to resort to experience? After being tried by that test, the world has agreed in pronouncing the institution excellent. This new capital will invigorate trade and manufactures with new energy. It will furnish a medium for the collection of the revenues; and if government should be pressed by a sudden necessity, it will afford seasonable and effectual aid. With all these and many other pretensions, if it was now a question whether Congress should be vested with the power of establishing a Bank, I trust that this house and all America would assent to the affirmative.
This however is not a question of expediency, but of duty. We are not at liberty to examine which of several modes of acting is entitled to the preference. But we are solemnly warned against acting at all. We are told that the constitution will not authorise Congress to incorporate the subscribers to the Bank. Let us examine the constitution, and if that forbids our proceeding, we must reject the bill; though we shall do it with deep regret that such an opportunity to serve our country must be suffered to escape, for the want of a constitutional power to improve it.
The gentleman from Virginia considers the opposers of the bill as suffering disadvantage, because it was not debated as bills usually are in the committee of the whole house. He has prepared us to pronounce an eulogium upon his constituency, by informing us that he voted in the old Congress against the Bank of North America, on the ground of his present objection to the constitutionality. He has told us that the meaning of the constitution is to be interpreted by cotemporary testimony. He was a member of the convention which formed it, and of course his opinion is entitled to peculiar weight. While we respect his former conduct, and admire the felicity of his situation, we cannot think he sustains disadvantage in the debate. Besides, he must have been prepared with objections to the constitutionality, because he tells us they are of long standing, and had grown into a settled habit of thinking. Why then did he suffer the bill to pass the committee in silence? The friends of the bill have more cause to complain of disadvantage; for while he has had time to prepare his objections, they are obliged to reply to them without premeditation.
In making this reply, I am to perform a task for which my own mind had not admonished me to prepare. I never suspected that the objections I have heard stated had existence: I consider them as discoveries; and had not the acute penetration of that gentleman brought them to light, I am sure that my own understanding would never have suggested them.
It seems strange too that in our enlightened country, the public should have been involved in equal blindness. While the exercise of even the lawful powers of government is disputed—and a jealous eye is fixed on its proceedings; not a whisper has been heard against its authority to establish a bank: Still, however unseasonably, the old alarm of public discontent is sounded in our ears.
Two questions occur: May Congress exercise any powers which are not expressly given in the constitution; but may be deduced by a reasonable construction of that instrument? And secondly, will such a construction warrant the establishment of the Bank?
The doctrine that powers may be implied which are not expressly vested in Congress has long been a bugbear to a great many worthy persons. They apprehend that Congress by putting constructions upon the constitution, will govern by its own arbitrary discretion; and therefore, that it ought to be bound to exercise the powers expressly given, and those only.
If Congress may not make laws conformably to the powers plainly implied, tho' not expressed in the frame of government, it is rather late in the day to adopt it as a principle of conduct: A great part of our two year's labor is lost, and worse than lost to the public, for we have scarcely made a law in which we have not exercised our discretion with regard to the true intent of the constitution. Any words but those used in that instrument will be liable to a different interpretation. We may regulate trade—therefore we have taxed ships, erected light-houses, made laws to govern
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, Feb. 3.
The BANK BILL under consideration.
MR. AMES: Little doubt remains with respect to the utility of Banks. It seems to be conceded within doors and without, that a public Bank would be useful to trade, that it is almost essential to revenue, and that it is little short of indispensable necessity in times of public emergency. In countries whose forms of government left them free to chuse, this institution has been adopted of choice, and in times of national danger and calamity it has afforded such aid to government as to make it appear, in the eyes of the people, a necessary means of self preservation. The subject, however intricate in its nature, is at last cleared from obscurity. It would not be difficult to establish its principles, and to deduce from its theory, such consequences as

seamen, &c. because we say that they are the incidents to that power: The most familiar and undisputed acts of legislation will shew, that we have adopted it as a safe rule of action to legislate beyond the letter of the constitution.
He proceeded to enforce this idea by several considerations, and illustrated it by various examples. He said that the ingenuity of man was unequal to providing, especially beforehand, for all the contingencies that would happen. The constitution contains the principles which are to govern in making laws; but every law requires an application of the rule to the case in question. We may err in applying it; but we are to exercise our judgments, and on every occasion to decide according to an honest conviction of its true meaning.
The danger of implied power does not arise from its assuming a new principle: We have not only practised it often; but we can scarcely proceed without it: Nor does the danger proceed so much from the extent of the power, as from its uncertainty. While the opposers of the Bank exclaim against the exercise of this power by Congress, do they mark out the limits of the power which they will leave to us, with more certainty than is done by the advocates of the Bank? Their rules of interpretation by co-temporaneous testimony, the debates of conventions, and the doctrine of substantive and auxiliary powers, will be found as obscure, and of course as formidable, as that which they condemn: They only set up one construction against another.
The powers of Congress are disputed: We are obliged to decide the question according to truth. The negative, if false, is less safe than the affirmative if true: Why then shall we be told, that the negative is the safe side? Not exercising the powers we have, may be as pernicious, as usurping those we have not. If the power to raise armies had not been expressed in the enumeration of the powers of Congress, it would be implied from other parts of the constitution. Suppose, however, that it were omitted, and our country invaded, Would a decision in Congress against raising armies be safer than the affirmative? The blood of our citizens would be shed, and shed unavenged. He thought therefore, that there was too much prepossession with some against the Bank, and that the debate ought to be considered more impartially, as the negative was neither more safe, certain, nor conformable to our duty, than the other side of the question. After all, the proof of the affirmative imposed a sufficient burden, as it is easier to raise objections than to remove them. Would any one doubt that Congress may lend money—that they may buy their debt in the market, or redeem their captives from Algiers? Yet no such power is expressly given, tho' it is irresistibly implied.
If therefore some interpretation of the constitution must be indulged, by what rules is it to be governed? The great end of every association of persons or States, is, to effect the end of its institution. The matter in debate affords a good illustration: A corporation, as soon as it is created, has certain powers, or qualities, tacitly annexed to it, which tend to promote the end for which it was formed—such as, for example, its individuality—its power to sue, and be sued—and the perpetual succession of persons. Government is itself the highest kind of corporation, and from the instant of its formation, it has tacitly annexed to its being, various powers which the individuals who framed it did not separately possess, but which are essential to its effecting the purposes for which it was framed—to declare, in detail, every thing that government may do, could not be performed, and has never been attempted: It would be endless, useless, and dangerous—exceptions of what it may not do, are shorter and safer.
Congress may do what is necessary to the end for which the constitution was adopted, provided it is not repugnant to the natural rights of man, or to those which they have expressly reserved to themselves, or to the powers which are assigned to the States: This rule of interpretation seems to be a safe, and not a very uncertain one, independently of the constitution itself: By that instrument certain powers are specifically delegated, together with all powers necessary and proper to carry them into execution: That construction may be maintained to be a safe one which promotes the good of the society, and the ends for which the government was adopted, without impairing the rights of any man, or the powers of any State.
This, he said, was remarkably true of the Bank—no man could have cause to complain of it; the bills would not be forced upon any one. It is of the first utility to trade. Indeed the intercourse from State to State can never be on a good footing without a Bank; whose paper will circulate more extensively than that of any State Bank. Whether the power to regulate trade from State to State will involve that of regulating inland bills of exchange and bank paper, as the instruments of the trade and incident to the power, he would not pause to examine. That is an injury and wrong which violates the
right of another. As the Bank is founded on the free choice of those who make use of it, and is highly useful to the people, and to government, a liberal construction is natural and safe. This circumstance creates a presumption in favor of its conformity to the constitution. This presumption is enforced by the necessity of a Bank to other governments. The most orderly governments in Europe have Banks. They are considered as indispensably necessary; these examples are not to be supposed to have been unnoticed. We are to pay the interest of our debt in 13 places. Is it possible to transport the revenue from one end of the continent to the other? Nay, a week before the quarter's interest becomes due, transfers may be made which will require double the sum in Boston which was expected. To guard against this danger, an extra sum must be deposited at the different loan-offices. This extra sum is not to be had; our revenue is barely equal to the interest due. This imposes an absolute necessity upon the government to make use of a Bank. The answer is, that the State Banks will supply this aid. This is risking a good deal to the argument against the Bank; for will they admit the necessity and yet deny to the government the lawful and only adequate means of providing for it. Ten of the States have no Banks; those who have may abolish theirs, or suffer their charters to expire. But the State Banks are insufficient to the purpose—their paper has not a sufficient circulation—of course their capitals are small. Congress is allowed to have a complete legislative power over its own finances; and yet without the courtesy of the States it cannot be exercised. This seems to be inconsistent.
If a war should suddenly break out, how is Congress to provide for it? Perhaps Congress would not be sitting; great expences would be incurred, and they must instantly be provided for. How is this to be done—by taxes? And will the enemy wait till they can be collected? by loans at home? Our citizens would employ their money in war speculations, and they are not individually in a condition to lend a sufficient sum in specie—or shall we send across the sea for loans? The dispute between England and Spain furnish an example; the aid of their Banks for several millions was prompt and effectual. Or will you say that Congress might issue paper money? That power, ruinous and fallacious as it is, is deduced from implication, for it is not expressly given. A Bank only can afford the necessary aid in time of sudden emergency. If we have not the power to establish it, our social compact is incomplete, we want the means of self preservation.
I shall perhaps be told, that necessity is the tyrant's plea. I answer that it is a miserable one, when it is urged to palliate the violation of private right. Who suffers by this use of our authority? Not the States, for they are not warranted to establish a national Bank: Not individuals, for they will be assisted in trade and defended from danger by it.
Having endeavored to enforce his argument by noticing the uses of Banks to trade, to revenue, to credit, and in cases of exigency, he adverted to the authority of our own precedents: Our right to govern the Western Territory is not disputed. It is a power which no state can exercise: It must be exercised, and therefore it resides in Congress. But how does Congress get this power? It is not expressly given in the Constitution, but is derived either from the nature of the case, or by implication from the power to regulate the property of the United States. If the power flows from the nature and necessity of the case, it may be demanded, Is there not equal authority for the Bank? If it is derived from the power of Congress to regulate the territory and other property of the United States, and to make all needful rules and regulations concerning it, and for the disposal of it, a strict construction would restrain Congress merely to the management and disposal of property, and of its own property: Yet it is plain, that more is intended. Congress has accordingly made rules not only for governing its own property, but the property of the persons residing there: It has made rules which have no relation to property at all—for punishing crimes: In short it exercises all power in that territory: Nay, it has exercised this very power of creating a corporation: The government of that territory is a corporation—and who will deny that Congress may lawfully establish a Bank beyond the Ohio? It is fair to reason by analogy from a power which is unquestionable, to one which is the subject of debate.
He then asked, whether it appeared on this view of the subject, that the establishment of a National Bank would be a violent misinterpretation of the Constitution. He did not contend for an arbitrary unlimited discretion in the government to do every thing: He took occasion to protest against such a mis-conception of his argument. He had noticed the great marks by which the construction of the Constitution, he conceived, must be guided and limited—and these, if not absolutely certain, were very far from being
arbitrary or unsafe: It is for the house to judge, whether the construction which denies the power of Congress, is more definite and safe.
In proving that Congress may exercise powers which are not expressly granted by the constitution, he had endeavoured to establish such rules of interpretation, and had illustrated his ideas by such observations, as would anticipate, in a considerable degree, the application of his principles to the point in question. Before he proceeded to the construction of the clauses of the constitution which apply to the argument, he observed that it would be proper to notice the qualities of a corporation, in order to take a more exact view of the controversy.
He adverted to the individuality and the perpetuity of a corporation, and that the property of the individuals should not be liable for the debts of the Bank or Company. These qualities are not more useful to the corporation than conformable to reason: but government, it is said, cannot create these qualities. This is the narrow of the argument: For Congress may set up a Bank of its own, to be managed as public property, to issue notes which shall be received in all payments at the treasury, which shall be exchangeable into specie on demand, and which it shall be death to counterfeit. Such a bank would be less safe and less useful than one under the direction of private persons—yet the power to establish it is indisputable. If Congress has authority to do this business illy, the question returns, whether the powers of a corporation, which are essential to its being well done, may be annexed as incident to it. The bank of New-York is not a corporation, yet its notes have credit. Congress may agree with that bank, or with a company of merchants, to take their notes, and to cause all payments to pass through their coffers. Every thing that government requires of and will perform to the bank, may be lawfully done without giving them corporate powers—but to do it well, safely and extensively, those powers are indispensable. This seems to bring the debate within a very narrow compass.
This led him to consider whether the corporate powers are incidental to those which Congress may exercise by the constitution.
He entered into a discussion of the construction of that clause which empowers Congress to regulate the territory and other property of the United States. The United States may hold property—may dispose of it—they may hold it in partnership—they may regulate the terms of the partnership. One condition may be, that the common stock only shall be liable for the debts of the partnership, and that any purchaser of a share shall become a partner. These are the chief qualities of a corporation. It seems that Congress, having power to make all needful rules and regulations for the property of the United States, may establish a corporation to manage it—without which we have seen, that the regulation cannot be either safe or useful: The United States will be the proprietor of one tenth of the Bank Stock.
Congress may exercise exclusive legislation in all cases whatsoever, over the 10 miles square, and the places ceded by the States for arsenals, light-houses, docks, &c.—Of course it may establish a Bank in those places, with corporate powers. The bill has not restrained the Bank to this city—and if it had, the dispute would lose a part of its solemnity: If instead of principles, it concerns only places, what objection is there to the constitutional authority of Congress to fix this Bank at Sandy-Hook, or Reedy Island, where we have light-houses, and a right of exclusive legislation? A Bank established there, or in the district located by law on the Potowmac for the seat of government, could send its paper all over the Union: It is true, that the places are not the most proper for a Bank; but the authority to establish it in them, overthrows the argument which is deduced from the definite nature of the powers vested in Congress, and the dangerous tendency of the proposed construction of them.
The preamble of the constitution warrants this remark, that a Bank is not repugnant to the spirit and essential objects of that instrument.
He then considered the power to borrow money. He said it was natural to understand that authority as it was actually exercised in Europe—which is, to borrow of the Bank. He observed, the power to borrow, was of narrow use, without the institution of a Bank—and in the most dangerous crisis of affairs would be a dead letter.
After noticing the power to lay and collect taxes, he adverted to the sweeping clause, as it is usually called, which empowers Congress to exercise all powers necessary and proper to carry the enumerated powers into execution. He did not pretend that it gives any new powers; but it established the doctrine of implied powers.—He then demanded whether the power to incorporate a Bank is not fairly relative, and a necessary incident to, the entire powers to regulate trade and revenue, and to provide for the public credit and defence.
He entered into a particular answer to several objections, and after recapitulating his argument,

he concluded with observing, that we had felt the disadvantages of the confederation—we adopted the constitution expecting to place the national affairs under a federal head: This is a power which Congress only can exercise: We may reason away the whole constitution: All nations have their times of adversity and danger: The neglect of providing against them in season, may be the cause of ruining the country.
IN SENATE, Feb. 22. 1791.
RESOLVED by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be requested to cause to be communicated to the National Assembly of France, the peculiar sensibility of Congress to the tribute paid to the memory of Benjamin Franklin, by the enlightened and free representatives of a great nation, in their decree of the 11th of June 1790.
WEDNESDAY, Feb. 23.
HOUSE OF REPRESENTATIVES.
THE engrossed bill, supplementary to the act, incorporating the subscribers to the bank of the United States, was read a third time, and (the blanks being filled up) was passed.
The house concurred in a resolution sent yesterday from the Senate, requesting that the President will communicate to the National Assembly of France, the sense which Congress entertain of the honor paid by that body to the memory of Benjamin Franklin.
The report of the Secretary of the Treasury, relative to the grant of further compensation to the commissioners of the loan office, for extraordinary expences, incurred in the execution of the act, making provision for the public debt, was read, and referred to a select committee, consisting of Messrs Williamson, Partridge, and White.
A message was delivered by Mr. Secretary Otis, informing the house, that the Senate had passed, with an amendment, the bill giving effect to the laws of the United States, within the state of Vermont; and requested the concurrence of the house in the said amendment. Mr. Otis further informed the house, that the Senate had resolved, that the bill, authorizing the President to cause the debt, due to foreign officers, to be discharged, should not pass a third reading.
Another message was delivered by Mr. Secretary Otis, informing the house, that the Senate insisted on their amendment to the revenue bill, and had appointed a committee to confer with a committee of this house. Messrs Boudinot, White and Livermore were appointed on the part of the house.
On motion, it was resolved, that the report of the select committee, on the President's message of the 14th inst. be referred to the Secretary of State, and that he be directed to report to Congress, the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, and such measures, as he shall think proper to be adopted for the improvement of the commerce and navigation of the United States.
Mr. Smith, (S. C.) reported a bill, to determine the day of the next meeting of Congress; which after a first and second reading, was ordered to be engrossed.
THURSDAY, Feb. 24.
Sundry memorials and petitions being presented, read, and severally referred to the heads of departments—Saturday next was assigned for taking into consideration the reports of committees, and of the Secretaries of the Treasury, and of War, on petitions referred to them.
The report of the Secretary of the Treasury, in favor of the petition of William Simmons, was read, and the house having agreed to the same, appointed Messrs. Trumbull, Bourne, and Foster, a committee, to prepare and bring in a bill in conformity thereto.
Mr. Sherman reported a bill, providing compensations for the officers of the several courts of law, and for jurors, and witnesses; which, after a first and second reading, was referred to a committee of the whole house to-morrow, and ordered to be printed.
The amendment proposed by the Senate to the bill giving effect to the laws of the United States within the state of Vermont, was agreed to.
Mr. Bourne, reported a bill, to repeal so much of the import law, as rates the Danish rix-dollar at 100 cents. Read a first time.
The report of the committee, to whom was referred the report of the Secretary of the Treasury on the subject of the exports of the United States, was twice read, the house, having agreed to the same, ordered that 300 copies of the committee's report, to include that of the Secretary of the Treasury be printed.
Mr. Floyd from the joint committee on enrolled bills, reported that the committee had this day presented to the President, for his approbation, the enrolled bill, regulating the number of Representatives to be chosen by the states of Kentucky and Vermont; also that they had examined, and found to be duly enrolled, the resolution of both houses requesting the President to communicate to the National Assembly of France, the sense which Congress entertain of the honor paid by that body to the memory of Dr. Franklin.
Mr. Williamson reported a bill making compensations to the commissioners of loans, for their extra expences and services, which after a first and second reading, was referred to a committee of the whole house to-morrow.
On motion of Mr. Lawrance, resolved, that the Secretary of the Treasury be directed to report, whether any, and what, additions are to be made to his return of the exports of the United States.
The engrossed bill, fixing the time for the next annual meeting of Congress, was read a third time and passed; the blank being filled up with "the fourth Monday in October next."
In committee of the whole, on the bill supplementary to the act, establishing the Treasury Department; the committee made some amendments, which being agreed to by the house, the bill was ordered to be engrossed, for a third reading.
On motion of Mr. Sedgwick, the memorial of Thomas M'Kean and others, public creditors, was taken up for a second reading; and after some debate, the following resolution, moved by Mr. Sedgwick, was agreed to—53 to 2.
Resolved, That it would be inexpedient to alter the system for funding the public debt, established the last session of Congress; and that the prayer of the petition of Thomas M'Kean, and others, styling themselves a committee of the public creditors of the commonwealth of Pennsylvania, and also of other petitions on that subject, cannot be granted.
The Yeas and Nays being called for, were as follow:
YEAS.
Messrs Ames, Ashe, Baldwin, Benion, Boudinot, Bourne, Brown, Burke, Cadwallader, Clymer, Contee, Fitzsimons, Floyd, Foster, Gale, Gilman, Goodhue, Griffin, Groot, Giles, Jackson, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, Mathews, Moore, Muhlenberg, Parker, Partridge, Van Rensselaer, Schureman, Sedgwick, Seney, Sherman, Sylvester, Sinnickson, Smith (M.) Smith (S. C.) Steele, Stone, Sturges, Sumpter, Thatcher, Trumbull, Tucker, Vining, Wadsworth, White, Wynkoop, Williamson.
NAYS.
Messrs Gerry and Scott.
The house again resolved itself into a committee of the whole, on the bill to establish the post-office and post-roads within the United States: The committee debated the subject, and rose without any decision.
A message from the Senate was delivered by Mr. Secretary Otis, informing, that the Senate had passed the bill, sent to them, by the House of Representatives, entitled, "An act to explain and amend an act, entitled, an act, making further provision for the public debt."
Adjourned.
IN SENATE, Feb. 24, 1791.
The bill, entitled, "an act, supplementary to the act, entitled an act, to incorporate the subscribers to the Bank of the United States," was read the second time—and on the question, shall this bill pass to the third reading, the Yeas and Nays were as follow:
YEAS.
Messrs Bassett, Butler, Dalton, Dickinson, Ellsworth, Elmer, Few, Hawkins, Henry, Johnson, Johnston, Izard, King, Langdon, Lee, Maclay, Morris, Read, Schuyler, Stanton, Strong, Wingate.
NAYS.
Messrs Carroll, Gunn, Monroe.
FRIDAY, Feb. 25.
HOUSE OF REPRESENTATIVES.
The engrossed bill, supplemental to the act for establishing the Treasury Department, was read the third time; the blank filled up, and the bill passed.
The petition of Jacob Isaacs, stating that he had discovered a sure, cheap, and simple method of procuring fresh from salt water, and praying the patronage of Congress: Read, and referred to the Secretary of State.
An abstract of sundry petitions laying on the table, was read, and the petitions referred to the heads of departments.
A memorial of the agent to the owner of two French Packets, praying an exemption from the duty of tonnage on those Packets, incurred in the month of January last, for reasons therein stated, was read, and referred to the Secretary of the Treasury.
Sundry reports were read; one from the Secretary of State on the petition of Ferdinand Weisfahl. Laid on the table.
A report from the Secretary of the Treasury, concerning certain certificates, issued in some of the States, subsequent to the first of January 1790, which was in favor of funding those certificates, under certain regulations, was read and laid on the table.
Another report from the same officer was read, respecting the loan of three millions of florins, made in Holland, stating the terms on which that loan has been effected: The report proposed an explanation of a clause in the act, making provision for the redemption of the public debt: And was referred to a select committee, to report a bill or bills pursuant thereto.
A report was also received from the Secretary of the Treasury, on the petition of Messrs C. and J. Sands and Co. Read and referred to a select committee, consisting of Messrs Sedgwick, Williamson and Benion.
A message from the Senate by Mr. Secretary Otis, informed the house that the President of the United States has given his assent to the act for incorporating the subscribers to the Bank of the United States, also to the act regulating the number of Representatives for the States of Kentucky and Vermont.
Mr. Boudinot, of the committee of conference on the subject of disagreement between the house and senate, respecting the 6th section of the Revenue-Bill, brought in a special report, which had been agreed to by one of the committee of the house, and by all the members of the committee on the part of the senate. This report was superceded by a vote to consider the original subject of disagreement.
Mr. Jackson moved that the house should adhere to their disagreement: This being seconded, a question of order rose. The Speaker gave it as his opinion, that the question to be in order should be, whether the house would recede from their disagreement? An appeal was made from the chair to the house—and the question being taken, the house decided in favor of the Speaker's opinion.
The motion was then made to recede, in order to agree to the amendment proposed by the special report—which was, to limit the whole sum to be received by the officers to 45,000 dollars.
A debate ensued—The question was finally determined by ayes and noes.
AYES.
Messrs Ames, Benion, Boudinot, Bourne, Cadwallader, Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Goodhue, Hartley, Huntington, Lawrance, Leonard, Partridge, Schureman, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith, (S. C.) Sturges, Thatcher, Trumbull, Vining, Wadsworth, Wynkoop.
NOES.
Messrs. Ashe, Baldwin, Bloodworth, Brown, Burke, Carroll, Contee, Floyd, Griffin, Groot, Giles, Jackson, Lee, Livermore, Madison, Mathews, Moore, Muhlenberg, Parker, Ransfellaer, Seney, Sylvester, Smith, (M.) Steele, Stone, Sumpter, Tucker, White, Williamson.
The bill repealing so much of the collection law as rates the Rix Dollar of Denmark at 100 cents was read the second time, and ordered to be engrossed.
The committee on the report of the Secretary of the Treasury—brought in a bill supplemental to the act providing for the reduction of the public debt—which was read the first and second time, and referred to the committee of the whole on Monday next.
On motion of Mr. Smith (S. C.) the committee of the whole house was discharged from any further consideration of the post-office bill. Adjourned.
Philadelphia, Feb. 26.
Some persons have supposed that the Bank Bill has been so long in dubio, on account of difficulties respecting its constitutionality. Whether this was the case or not, is immaterial to enquire. One idea is however obtruded on the mind by the circumstance, which is truly delinquent of that judgment and prudence which mark the conduct of our Chief Magistrate on all occasions—and that is, that so much attention at least was due to the sentiments of a respectable minority who supposed the bill to be unconstitutional, as to give the subject as full a consideration as the time limited by the constitution would allow.
All the votes taken at the election for representatives to Congress in the state of New-Jersey have been received, by which it appears that Abraham Clark, Jonathan Dayton, Elias Boudinot and Aaron Kitchell, Esqrs. are duly elected.
The number of white inhabitants within the state of South-Carolina, as reported to the legislature, is 126,131.
PHILADELPHIA, February 24th, 1791.
PROPOSALS
FOR PRINTING BY SUBSCRIPTION, A
COLLECTION of STATE PAPERS,
INTENDED AS MATERIALS FOR
AN HISTORY OF THE UNITED STATES OF AMERICA.
By EBENEZER HAZARD, A. M.
IN this collection will be contained the CHARTERS of the several states which now compose the UNION;—the Records of the UNITED COLONIES of NEW-ENGLAND;—Royal Instructions to COLONIAL GOVERNORS;—EXTRACTS from PUBLIC RECORDS;—and other authentic Documents tending to elucidate our History.
The design of this compilation was intimated to Congress, and honored with their approbation.—On the 20th July, 1778, their committee, to whom his memorial was referred, reported it as their "Opinion, that Mr. Hazard's undertaking is laudable and deserves the public patronage and encouragement, as being productive of public utility;" Whereupon they "Resolved, That it be recommended to the Governors, Presidents, and Executive Powers of the several states in the union, to assist Mr. Hazard, and give facility to his labors; and that for this purpose he be admitted to an inspection of public records, and be furnished without expence with copies of such papers as he may judge will conduce to the valuable end he hath in view."
He was, of consequence, admitted to the inspection and use both of public records, and the collections made by individuals, from whence this compilation (much the largest he has ever met with on the subject, and, he flatters himself, the largest ever made in America) was formed. It has since met the approbation of many eminent characters, and even in its manuscript state, has facilitated the settlement of some important controveries.
The compiler cannot suppress the following letter from the honorable the Secretary of State, to whose inspection part of the compilation was submitted, as it contains so flattering and respectable a testimony in favor of the importance of the work.
Philadelphia, February 18, 1791.
SIR,
I return you the two volumes of Records, with thanks for the opportunity of looking into them:—they are curious Monuments of the Infancy of our country. I learn with great satisfaction that you are about committing to the Press the valuable Historical and State Papers you have been so long collecting. Time and accident are committing daily havoc on the originals deposited in our public offices: the late war has done the work of centuries in this business: the lost cannot be recovered; but let us save what remains; not by vaults and locks, which fence them from the public eye and use in consigning them to the waste of time, but by such a multiplication of copies as shall place them beyond the reach of accident; this being the tendency of your undertaking, be assured there is no one who wishes it a more complete success than
SIR,
Your most obedient and most humble Servant, THOMAS JEFFERSON.
MR. HAZARD.
CONDITIONS.
I. The Work to be published in numbers, each containing 160 pages, large quarto:—A number to be delivered every three months.
II. On delivery of the first Number, payment to be made for the first and second, and afterwards for each Number as delivered (except the last) so that the price of one Number will be constantly in advance. The very great expence attending so large a work, at the same time that it renders this condition absolutely necessary, will be a sufficient apology to the candid for its insertion.
III. The price to Subscribers will be one Dollar for each number. It is supposed that the Work will probably be comprised in eight Numbers, forming two handsome Volumes, in large quarto, printed on a neat Type and good paper.
IV. To those who choose to subscribe for the Work in Volumes, the price will be Four Dollars and a Quarter of a Dollar, for each Volume, in boards.
V. The collection will be put to the Press as soon as there shall be a sufficient number of subscriptions to justify an hope that the expences will be defrayed.
Those who receive Subscriptions will please transmit accounts of the numbers obtained to Thomas Dobson, No. 41, Second-Street, Philadelphia, by the first of May next.
SUBSCRIPTIONS will be received in Portsmouth, (N. H.) by Jeremiah Libbey; Boston, Thomas & Andrews; Worcester, Isaiah Thomas; Hartford, Thomas Hildrup; New-Haven, Isaac Beers; New-London, Timothy Green; Newport, (R. I.) Jacob Richardson; Providence, John Carter; New-York, Dodge, Allen & Campbell; Albany, Abraham G. Lansing; Philadelphia, Thomas Dobson, and Hazard & Addoms; Wilmington, (Delaware) Frederick Craig; Baltimore, I. Holmes; Alexandria, Joshua Merriman; Norfolk, Mr. Lindsey; Fredericksburgh, Calender and Henderson; Peterburgh, John Grammer; Richmond, Augustine Davis; Newbern, (N. C.) F. X. Martin; Wilmington, John Bradley; Charleston, (S. C.) William P. Young.
A Negro Man eloped.
RAN away from his owner about the 25th Jan. last, CÆSAR, a negro man, country born, noted as a preacher among the blacks, 30 years of age, about 5 feet 7 inches high—thick, well set; had on a brown cloth coat, light cloth jacket, leather breeches, and coarse wilton stockings.—He also had a tow linen frock with him; and wore a small round hat. He is supposed to be gone to Virginia, as his father lives on Dr. Vandever's plantation, in that State. Whoever will take up said negro, and secure him in the gaol of Philadelphia, or of Trenton, and give notice thereof to the subscriber living in Bound-Brook, New-Jersey, shall receive Twelve Dollars reward, and all necessary charges.
HUGH ROWAN.
PUBLIC NOTICE.
Somerset County, ss.
BY virtue of a writ of fieri facias to me directed, against the goods and chattels, lands and tenements of CHRISTOPHER BECKMAN, I have levied on, and seized that valuable house and lot of land, situate on the north side of the Main Street, in Princeton, now in possession of Adam Shaw, and known by sign of the College; it is an excellent stand for a public house, and has been occupied in that way for many years. All the above mentioned premises will be exposed to sale, on Thursday the tenth day of March next, between the hours of twelve and five in the afternoon of said day, of which all persons concerned will please take notice.
WILLIAM WALLACE, Sheriff.
Western Precinct, 18th February, 1791.
PRICE CURRENT.—PUBLIC SECURITIES.
   FUNDED DEBT.     6 pr. Cents 17/3 pr. £ 86 3/4 pr. cent.   3 pr. Cents 9/ 9/2 46 do.   Deferred 6 pr. Cents 9/2 46 do.   UNFUNDED DEBT.   Final Sett. and other Certificates 15/9 16/ 80 do.   Indents 9/ 9/2 46 do.   N. and S. Carolina debts, 12/6 62 1/2 do.  

Report of the Secretary of the Treasury, on the Subject of a MINT.
(CONTINUED.)
It is evident, also, that the nation must pay as much gold and silver as before, for the commodities which it procures abroad; and whether it obtains this gold and silver cheaper, or not, turns upon the solution of the question just intimated, respecting the relative proportion of active commerce, between the two countries.
It merits attention, that the able minister, who lately and so long presided over the finances of France, does not attribute to the duty of coinage, in that country, any particular advantages, in relation to exchange and trade.
And it is not improbable, that to the singular felicity of situation of that kingdom, is to be attributed its not having been sensible of the evils which seem incident to the regulation.
This point has been the longer dwelt upon, not only because there is a diversity of opinion among speculative men concerning it, and a diversity in the practice of the most considerable commercial nations;
The intention, however, of the preceding remarks, is rather to shew that the expectation of commercial advantages ought not to decide in favor of a duty of coinage, and that if it should be adopted, it ought not to be in the form of a deduction from the intrinsic value of the coins—than absolutely to exclude the idea of any difference whatever, between the value of the metals in coin and in bullion.
The arguments for a coinage, entirely free, are, that it preserves the intrinsic value of the metals; that it makes the expence of fabrication a general instead of a partial tax;
The first consideration has not much weight, as an objection to a plan, which, without diminishing the quantity of metals, in the coins, merely allows a less price for them in the bullion at the national factory or mint.
The second consideration has perhaps greater weight. But it may not amount to an objection, if it be the best method of preventing disorders in the coins, which it is in a particular manner the interest of those, on whom the tax would fall, to prevent.
[To be continued.]
"PHILADELPHIA, Feb. 25."
Extract of a letter from a gentleman in Edinburgh, to his friend in this city, dated 2d Oct. 1790.
"BY some American papers I find that a National University is in agitation. In my poor judgment the measure will be dangerous. Privileges, in time, may be annexed to study in that University, which cannot be gained by studying in any other.
burgh, who, in his history, endeavors to varnish over Sylla's cruelties, are not the only instances. Men who boast of free-thinking and liberality of sentiment, thought it no inconsistency with this to maintain Britain's right of enslaving America.
"Some years ago the College of Glasgow expelled several Students for daring to find fault with their measures, and carried their persecution against one of them so far, that they hindered his being licenced till he had made some humiliating acknowledgments.
LAWS OF THE UNION.
CONGRESS OF THE UNITED STATES:
AT THE THIRD SESSION, Begun and held at the City of Philadelphia, on Monday the sixth of December, one thousand seven hundred and ninety.
AN ACT for the admission of the State of VERMONT into this Union.
THE State of Vermont having petitioned the Congress to be admitted a Member of the United States—
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, and it is hereby enacted and declared, That, on the Fourth day of March, one thousand seven hundred and ninety-one, the said State, by the name and style of "The State of Vermont," shall be received and admitted into the Union, as a new and entire Member of the United States of America.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
APPROVED, FEBRUARY EIGHTEENTH, 1791. GEORGE WASHINGTON, President of the United States (TRUE COPY) THOMAS JEFFERSON, Secretary of State.
AN ACT to continue in force for a limited time, an act passed at the first session of Congress, entitled, "an act to regulate processes in the courts of the United States."
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act passed on the twenty-ninth day of September, in the year one thousand seven hundred and eighty-nine, entitled, "an act to regulate processes in the courts of the United States," shall be, and the same hereby is continued in force until the end of the next session of Congress, and no longer.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
APPROVED, FEBRUARY EIGHTEENTH, 1791. GEORGE WASHINGTON, President of the United States (TRUE COPY.) THOMAS JEFFERSON, Secretary of State.
RESOLVED, by the Senate and House of Representatives of the United States of America in Congress assembled, That ANDREW BROWN, or any other printer, be permitted, under the direction of the Secretary of State, to collate with, and correct by the original rolls, the laws, resolutions and treaties of the United States, to be by him printed. And that a certificate of their having been
so collated and corrected, be annexed to the said edition. Provided, That such collation and correction be at the expence of the said Andrew Brown, or such other printer, and that the person or persons to be by him or them employed in that service, be approved by the Secretary of State.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
APPROVED, FEBRUARY THE EIGHTEENTH, 1791. GEORGE WASHINGTON, President of the United States.
PRICE CURRENT.—PHILADELPHIA.
PER QUANTITY.
FEBRUARY 25.—DOLLARS at 2/6.
Table with columns for item names (e.g., Anchors, Alum, Ashes, Brandy, etc.) and their corresponding prices in dollars and cents.