Date: 1981-05-19
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

A fiddler. The fiddler plays a tune. This was a product dear to the merchants of New England. and for which their representatives in the Federal Government fought successfully to lower the duty from five to four cents. The next day. May 27. Maclay made this entry In his journal: The minutes were read. I was astonished to hear Strong immediately get up and begin a long harangue 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 Interrupting any gentleman. but said that matter had bepn determined yesterday. The VicePresident said the question had been taken on four cents being put instead of five. but no question had been taken on the paragrap4 after it was amended. The whole sentence was on molasses per gallon. four cents. that a second should be put on it was idle. but it was plain that this matter had been agreed on between the VicePresident and the New England men. and in all probability they have got some people who voted for four yesterday to promise to vote for less today. Dalton. however. got up and made a long speech that.some of the gentlemen are absent. and particularthe gentlemen who moved for the four cents. and desired it might be put off till tomorrow. I must declare this the most uncandid piece of proceeding that I have ever seen in the Senate. The molasses issue came up again the next day: And now for the article of molasses. Lee. who is a perfect Ishmael. declared the seeond question totally out of order. It is true. parliamentary precedent might be alleged in favor of such second question. but in the present case it was evidently a trick. and I guessed some parties had changed sides. From the discourse it appeared to me that Mr. Few. of Georgia. had changed. The VicePresident 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 seconded was for four cents. That a very long and tedious discussion took place with all the three motions before the Chair. that an adjournment had been called for. and negatived expressly on the avowed reason that the committee would first get rid of the article. that the VicePresident mentioned from the chair that he would put tne question on four first. that being the highest sum. The question was put and carried. and the Senate afterward adjourned. The VicePresident made a speech. which really was to me unintelligible. He seemed willing to persuade the members that the above was a very unfair mode of doing business. and that they had not an opportunity of declaring their sentiments freely In the above way. He concluded. however. that alter the lour (cents) had been carried it was in order to move for any lower sum. Somebody whispered that he ought to get his wig dressed. Mr. Morris rose and declared It was with reluctance that he differed with the Chair on a question of order. and was begininng to argue on the subject. but the New England men. seeing their darling VicePresident likely to be involved in embarrassment for the unguarded 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 Benate. The debate over molasses was far from over. and Maclays entry on June 4 describes a spirited debate in the Senate: . We now took up the Impost bill. and proceeded smoothly till we came to the article of molasses. It was the wish of the 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 pertinent. but many were quite foreign to the purpose. Dr. Johnson rose on the same side. Dalton was for lowering it 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 doctors argument 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. Up rose Strong. and. facing himself to the right where Mr. Morris and myself sat. fell violently on the members from Pennsylvania. with insinuations that seemed to import that we wished to overcharge New England with an undue proportion of the impost. What was the most remarkable. Mr. Morris had whispered to me that he would not get up on this 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 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 can not help remarking that there is something of a singularity 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 buffetings that I used to get from some of these people in this 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 observations that the whole of the molasses imported into Massachusetts was three million 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 that 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. Ior the gallon of molasses yields In distillation rather a larger than a less quantity than gallon for gallon. But we import near one million of gallons of spirits Into Pennsylvania. and this is consumed under a duty of from eight to ten cents per gallon. We imported also i. .e million gallons 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 nor without book. Here was the abstract in the handwriting of Sharp Delaney. the collector. Were we. then. the people for imposing unequal burdens? No. We were imposing no burdens of which we were not about to bear a sharegreat. perhaps the greatest. share. Dalton rose and remarked on the great uncertainty of all calculations. Ho was. however. modest. A variety of people spoke. Some heat seemed at one time to rise between Lee and Langdon. There was a considerable shifting about the question. It was at last settled that the ques. tion should be to reduce the duty to three cents. expressly on the condition of taking away the drawback. Mr. Morris and myself voted against it. Izard. Gunn. and some others voted ex. pressly on the condition of the drawback being taken away. The others joined. but with a design of retaining the drawback. So stands this curious affair till tomorrow. 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. So I say to the distinguished junior Senator from Illinois. one learns many surprising things about American history from reading Maclays journal. I was surprised to find one entry refering to celebrations in New York to commemorate the British Kings birthdayIn 17891 This reminds us that not all. and perhaps not even a majority of Americans had favored the Revolution. and that loyalist sympathies died hard. As Maclay put it. "the old leaven antirevolutionism has leavened the whole lump. nor can we keep the Congress free from the influence of it." William Maclay was an archRepublican and a staunch AntiFederalist. He had serious doubts about the federal Constitution. . and had little regard for the Federalist Papers. as the following excerpt oi1 June 14 reveals: 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 unsuspecting people. Treaties formed by the Executive of the United States are to be the law of the land. To cloak the Executive with legislative authority is setting aside our modern and muchboasted distribution of power into legislative. judicial. and executivediscoveries unknown to Locke and Montesquieu. and all the ancient writers. It certainly contradicts all the modern theory of government. and in practice must be tyranny. Memorandum: 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 amusement to see how wide of its explanations and conjectures the stream of business has taken its course. Maclays opinions on the separation of powers here are significant for at that time the legislative branch was deliberating the Judiciary Act of 1789. which set up the federal judiciary. particularly the Supreme Court. and determining its jurisdiction. June 24thRode out early this morning. but returned before eight. Attended (Senate) at the usual time. 7 he bill for the judiciary was taken up. The first debate that arose was whether there should be Circuit Courts or courts of nist prius. This distinction was started by Mr. Johnson. from Connectiout. Was adopted. and spoke long to by Mr. Butler. This kept us most of the day. I did not give a vote either wayindeed. I do not like the bill. The vote was for district courts. July 7thAttended the Hall at the usual time. The judiciary was taken up for a third reading. I can scarcely account for my dislike for this bill. but I really fear it will be the gunpowderplot of the Constitution. So confused and so obscure. it will not fall to give a general alarm. Ellsworth has led in this business. backed with Strong. Patterson. Read 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. Grayson. 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 amendment. 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 rehearing of any case formerly adjudged by him. We got Ellsworths 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 gentlemen of the bar to frame a clause In the spirit of the determination. that the effect of the determination would reach further than the present clause. for it would prevent the Circuit Judge from sitting in the Supreme Court on an appeal where he had given original judgment. This was agreed to. so we killed two birds with one stone. The most trifling wordcatching employed us till after three oclock. July 10. 1789This day the lawyers showed plainly the cloven foot of their intentions in the (Senate). Read. Bassett. Paterson. 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 depositions copied and sent up on an appeal to the Supreme Court. as evidence on the rehearing of facts. or words to that import. I had some conversation with Ellsworth in the morning about it. and ofiered to him to move for a reconsideration of the matter. le wished to reserve this business for himself. however. He accordingly moved the reconsideration in a lengthy speech. and was seconded by Strong. At it now they 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 VicePresident got up in his chair. I rose and told him I wished to say a word or two: Sir. I am no professed admirer of the judicial system before you. but the best part of it is the Circuit Courts. These. sir. the amendment of yesterday will render abortive. The seeds of appeal. and the materials. too. provide for every cause. The system of delay is so firmly established. and the certainty of procrastination such. that justice can never be obtained in it. Let us follow the scheme a moment: The dispositions are taken and carried up six hundred or seven hundred miles to a Federal court. But. by the law. they can not be used. if the party is able to attend. The witness is subpoenaed. but does not attend. An attachment issues. but the party will kill the messenger. run to the woods. fly to the Indians. rather than attend. Well. but the court can issue a dedinus protestatem. 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 fatt was ever tried or found. for or against. in chancery. Facts often were carried into chancery. as evidence. but if they were doubted of. issue was 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 civillaw 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. As I have discussed in an earlier stateinent. Maclay and other AntiFederalists feared a strong federal court system. which might threaten state sovereignty. The Federalists accommodated some of these concerns by sharing some judicial powers with the states. and the bill passed the Senate on July 17. Here is Maclays account of events on that day: July 17thAttended at the Hall half after nine oclock. 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. Orayson spoke against it. and Mr. Lee was more pointed than any of them. Had Mr. Lee joined us in my objections against 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 oclock before it was decided. He lost his motion. I thought it right. And now Mr. Lee. Mr. Grayson. Mr. Butler. and Mr. Wingate rose for the yeas and nays on the Judiciary bill. They were given. I was in 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 degrees all law business into the Federal courts. The Constitution is meant to swallow all the State Constitutions by degrees. and thus to swallow. by degrees. all the State judiciaries. This. at least. is the design some gentlemen seem driving at. 0 sweet Candor. when wilt thou quit the cottage and the lisping infants lips and shed thy glory round the statemans head? Is it inscribed on human fate that man must grow wicked to seem wise. and must the path of politics be forever encumbered with briers and thorns? Mr. President. earlier in this Congress the President of the United States visited with Members of the Senate in the Presidents Room. just off this Chamber to my left as I am now standing and facing the chair. In reading Maclays journal we find a visit by our first President. George Washington. to the Senate Chamber to seek the Senates advice on a treaty with certain Indian tribes. As we shall see. this meeting did not go well at all. a circumstance which shaped executive dealings with the legislature for the next two centuries: August 22. SaturdaySenate met. and went on the Coasting bill. The doorkeeper soon told us of the arrival of the President. The President was introduced. and took our VicePresidents 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 nad 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. General 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 VicePresident 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 doorkeeper to shut down the sashes. Seven heads. as we have since 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 not 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 coming to the Hall. He motioned to General 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. etc.. their violation of treaties. etc. Our VicePresident dow read off the first article. to which our advice and consent were requested. It referred back principally to some statements in the body of the writing which had been read. 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 had been read. and prayed that it might soon be read again. It was so (read). It was no sooner read than our VicePresident immediately read the first head over again. and put the question: Do you advise and consent. etc.? There was a dead pause. Mr. Morris whispered me. We will see who will venture to break silence first. Our VicePresident was proceeding. As many asI rose reluctantly. indeed. and. from the length of the pause. the hint given by Mr. Morris. and the proceeding of our VicePresident. 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 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 Georgia. North Carolina. and South Carolina. The busines 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 protest 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 just 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 mean time he would see the messenger. 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 or 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 Senate 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. etc. I rose and supported the mode of doing business by committees. that committees were used in all publio deliberative bodies. etc. I thought I did the subject justice. but concluded the commitment can not 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 any. thing I said. As I sat down. the President of the United States started up in a violent fret. This defeats every purpose of my coming here. were the first words that he said. He then went on that he had brought his Secretary of War with him to give every necessary information. 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 postponement until Monday at ten oclock. By the looks of the Senate this seemed agreed to. A pause for some time ensued. We waited for him to withdraw. He did so with a discontented air. Had it been any other man than the man whom I wish to regard as the first character in the world. I would have said. with sullen dignity. I can not now be mistaken. The President wishes to tread on the necks of the Senate. Commitment will bring the matter to discussion. at least in the committee. where he is not present. He wishes us to see with the eyes and hear with the ears of his Secretary only. The Secretary to advance the premises. the President to draw the conclusions. and to bear down our deliberations with his personal authority and presence. Form only will be left to us. This will not do with Americans. But let the matter work. it will soon cure itself. Mr. President. William Maclays Journal. which even in an edited form fills a 400page book. is so filled with fascinating information about the history of the Senate that it is difficult to choose selections to read. One finds entries on deliberations to select a permanent home for the federal government. the always controversial subject of salaries for senators and congressmen. and an amusing account of a solemn dinner with President Washington. who nervously tapped his fork on the table for want of being able to make table talk. There is also a running account of Maclays break with his fellow senator from Pennsylvania. Robert Morrischiefly over Morris vote against locating the capital on the Susquehanna River. in return for its temporary settlement in Philadelphia. It was on this unhappy note. with Maclay and Morris barely speaking to each other. that Maclay ended his journal for the first. session of the First Congress. During the second session. Maclay continued his opposition to centralizing trends in the government. Here. for instance is his reaction to a request for a standing army. on April 15. 1790: Infatuated people that we arel The first thing done under our new Government was the creation of a vast number of offices and officers. A. treasury delated into as many branches as interest could frame. A Secretary of War with a host of clerks. and above all a Secretary of State. and all these men labor in their several vocations. Hence we must have a mass of national debt to employ the Treasury. an army for fear the Department of War should lack employment. Foreign engagements. too. must be attended to to keep up the consequences of that Secretary. The next cry will be for an Admiralty. Give Knox his army. and he will soon have a war on hand: indeed. I am clearly of opinion that he is aiming at this even now. and that. few as the troops are that he now has under his direction. he will have a war in less than six months with the Southern Indians. But for Maclays and other AntiPederalists the real issue of the second session was Treasury Secretary Alexander Hamiltons Report on Public Credit. with its recommendation that the federal government assume the debts of the states and redeem the certificates of the Continental Congress. Maclay fought these plans heart and soul: May 1. 1700--With less prudence than integrity I attacked the Secretarys reoort the moment it appeared. When the leading feature in it. the assumption of 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 (popularity) 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 all their tools. perhaps of the President of the United States. and Bonny Johnny Adams for the many pieces I have written. WitU all the pains I have taken to conceal mys3lf (the pieces) must have betrayed me in one shape or other. But I have no enemy in my own bosom. June 9Attended the Hall at the usual time. The Rhode Island 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 Monday. 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 Secretarys report was the textbook. 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 cause of America. Would seventyfive for one. forty for one. or one hundred for one. indemnify such characters? Would it not be a mockery of their demands? A time might come. a mannner 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 collected it from the 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 by depreciation. a most unequal made of taxation truly. but an ecectual one. He that touched it was taxed by it. This was creating 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 fear they would find it much larger than we could discharge. etc. The clause was passed. and we went to the fourth. No matter how eloquently Maclay argued. the forces lined up against him were too powerful. A deal was underway to tie Hamiltons financial plans with the desire by powerful Virginians (Washington. Jefferson. and Madison in particular). to locate the national capital on the Potomac River: June 15thWe finished our observations on the Funding bill. and reported. The whole day was spent in debate on it. I had 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 facilities and indents. but no question was taken on any point. All was postponed. Dr. Elmer told me as I left the Hall that he had something to impart to me. Mr. Morris. however. called me aside and told me 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 oclock this evening at our lodging on the business. I was really unwell. and had to lie down the most of the afternoon. The delegation met at six. I was called out. However. when I came in. what passed was repeated to me. Hamilton pronosed to give the permanent residence to Pennsylvania at Germantown or the Falls of the Delaware. on condition of their voting for the assumption. In fact. it was the confidential story of yesterday all over again. Mr. Morris also re. peated Mr. Jeffersons story. but I certainly had misunderstood Mr. Morris at the Hall. for Jefferson vouched for nothine. I have seen no prospect of fixing the per. manent residence of Congress at the present session. and whenever it is gone into will be involved in much difficulty. I have. therefore. declared against everything of the knd. but to continue the temporary residence here. under the promise of the permanent residence being In any part of Pennsylvania. I consider as madness. It was giving them time to fortify and intrench themselves with such systemat! * arrangsments that we never should get away while the law acted as a tie on us and bound us hvnd and foot. but gave them all the power and all the opportunity of fixing us permanent 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 su.3cess. 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 for 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 appointedMr. Morris. Mr. Fitzsimons. and Mr. Hartley. Tensions over Hamiltons plans rose high as speculators lobbied with the Congressand some senators and representatives themselves had some personal flnancial involvement in the debt resumption plans. None was more heavily Involved than Senator Robert Morriswhose financial problems. as we know. would send him to debtors prison in 1798. Here is Maclays account of events on July 16: Now Mr. Morris came. raving angry. said and swore he would vote against everything. The committee had agreed to the Secretarys 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 he had got the residence. it was our province to guard the Union and promote the strength of the Union by every means in our power. otherwise our prize would be a blank. I told him I would move a postponiement 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. Then I rose and stated that I had no dimculty on that head. that we stood here as legllators. 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 can be made in this matter. but by comparing the numoer of specula. tors with the number of those who had sold. and perhaps the ratio would not be one to one hundred. It was also true there was a class of men. the odiginal holders. who were not embraced in the above description. but if we cast our eye over the calamities of the late war they would appear 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. etc. I hoped for the progress of the public business. and that a short postponement would perhaps bring us nearer together and moved for tomorrow. but it was not carried. .The report was pushed with violence and all carried. twenty members rising for it. four only sat. two going out. The VicePresident said twenty for. four against. When they came to the part for ingrafting 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 assumption 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 debt 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 considered 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 understandIngs. I said a good deal on the subject. and could not restrain myself from going into the merits of the assumption. But I might as well have poured out speech on senseless stocks or stones. It was carried against us. fifteen to eleven. A committee was immnedi. ately appointed to make the arrangements. We adjourned. I came downstairs. and all the speculators. both of the Representatives and city. were about the iron rails. Ames and Sedgwick were conspicuous among them. The Secretary (Hamilton) and his group of speculators are at last. In a degree. triumphant. His gladiators. with the influence that has arisen from six dollars per day (congressional salaries). have wasted us months in this place. But I can not 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 can not even find .a single member to condole in sincerity with me over the political calamities of my country. July 22Attended at the Hall this day. as much to take the wrinkles out of my face. which my yesterdays disappointment had placed on it. as for anything else. It is in vain to think of changing a vote anyway. a majority are sold. and Hamilton has bought them. It is certainly a defect in my political character that I can not help embarking my passions and considering the interest of the public as my own. It was so while I was at the bar. in respect of my clients. when I thought their cause just. Well. be it so. It has its inconvenience. and hurts my health. but I declare I never will endeavor to amend it. A note of despair was settling into Maclays journal. He found himself on the losing end of too many causes. He missed his family. His health was not good. We may surmise that he was not too greatly dismayed over his defeat for reelection by the Pennsylvania legislature and his retirement from the Senate. Here are his last entries for the brief third session of the First Congress: March 2. 1701Oh. twas joyful news when I came home and found my man sent by Bob Murdock. and had the pleasure to hear of the welfare of my family. More business has been hurried through the Senate this day than has been done in a month of our former sessions at other periods. The Secretary (Hamilton) has bought the present House. and he wishes to have his moneys worth out of them. Here Maclay is referring to the Senate as the House. He is speaking in the context of two Houses making up the Congress. So he said. "Secretary Hamilton has bought the Present House." The resolution of the Mint was foully smuggled through. I hope somebody will take notice of it in the other House. It is evident what a system has been adopted by the Secretary (Hamilton). We used to canvass every subject and dispute every inch of his systems. and this sometimes detached some of his party from him and defeated him. To prevent this. all has been put off until this late moment. and now not a word will be heard. The plea of want of time prevails. and every one that attempts to speak is silenced with the cry of question and a mere insurrection of the members in sup. port of the demand. I am at no loss now to ascertain the reason why the Mint business has been delayed and finally came forward under the form of a resolution rather than a bill. Bills can not be read out of order but by unanimous consent. March 3rdIn the evening by candlelight. When I saw the merry mood in which the Senate was assembled. I was ready to laugh. When I considered the occasion. I was almost disposed to give way to a 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 deter* mined. 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 Hamiltons clerks had put the last hand to everything. Here is Maclays list of the First Senates final actions: 1. Mr. Buckley announced that he brought a new resolve for the safekeeping of prisoners. etc. 2. A bill for compensation to commissioners of loans for extra expenses. 3. A salary bill for the executive officers. their clerks. and assistants. 4. Resolve for the President to lay before Congress as testament 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 Representatives by Otis. 6. Mr. Buckley: second message. A new bill to carry into effect the convention with the French. etc. This business has been most shamefully neglected. I had often spbken 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 popgun in a thunderstorm. But this was the merest matter of form possible. It was only giving the authority of law to a convention solemnly entered into with the French. My colleague cried "Not" on the second reading. I called for the yeas and nays. and 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 disrespectful (to say no worse) toward her and dishonorable in us. 7. Mr. Buckley: third message with the Pension. Invalid. and Lighthouse bills. The committee reported the enrollment of the following acts: 8. For the continuance of the postoffice. 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 jurymen. These bills received the signature of the President of the Senate after being brought up by Mr. Buckley 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 happended. however. to be smoked and rejected. 13. Mr. Buckleys fifth message brought a bill for making further provision for collection of duties on teas. etc.. which received the signature. etc. 14. An enrolled resolve. which also received the signature. etc. There now was such confusion with Otis. Buckley. Lear. our committee of enrollment. etc.. that I confess I lost their arrangement. Indeed. I am apt to believe if they had any they lost it themselves. They all agreed at last that the business was done. The President left the chair. and the members scampered downstairs. I stayed a moment to pack up my papers. Dalton alone came to me. and said be 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 ulprit has served two years at the wheelbarrow without feeling half the pain and mortification that I experienced in my honorable station. Madam President. those of us who have experienced the hectic last dayand often nightof a session of Congress can understand full well Maclays exhaustion at the end of this historic First Congress. The array of legislation. the confusion. the turmoil of those last minutes are with us at the end of our sessions today as they were then. We must regret the departure of William Maclay from the Senate and the end of his journal. Senator Maclay retired to his farm near Harrisburg. In 1795. he was elected to the Pennsylvania House of Representatives. served as a county judge. and in 1796 and 1801. served as a presidential electorfor the Republicans. of course. William Maclay died on April 16. 1804. and he is buried in the Old Paxtang Church Cemetery at Harrisburg. As long as there is a United States Senate he will be remembered. He left behind his monumentnot in stone. but in words. (During the foregoing proceedings the following occurred:)