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

Mr. President. I recently spoke on the history of the United States Senate as it met during the First Congress from 1789 to 1791. Many of my remarks were drawn from perhaps the most valuable document we have from that era. or any other era in the nearly two hundred years in which the Senate has been in existence. I am speaking of the Journal of Will!am Maclay. a senator from Pennsylvania. Maclays private journal of the events of the First Congress. as one historian has noted. offers "the only continuous report in existence of that early federal period when debates occurred behind closed doors and no official record was prepared for the public." This journal is more revealing than the Senate Journal or the later printed Annals of Congress because it fleshes out the spare minutes of the First Congress and gives human form to its participants. William Maclay was a man of opinions. passions. and wonderful humor. I found his journal a delight to read. for it is as entertaining as it is informative. Would that the Senate had more journalkeepers of his wit and ability and insight! During this session of the 07th Congress. I expect to be speaking regularly on the history of this great institution. I began this series of speeches on March 21. 1980. over a year ago. and I am today making my 40th speech on the United States Senate. While I shall be concentrating on the development of the institution and the major events it has weathered. from time to time. I should like to stop to feature one or more senators who have made singular contributions or who have left behind journals. diaries. and memoirs for our instruction. We in this chamber today are surrounded by marble busts and handsome statues and portraits of our predecessors. While gazing on their fixed countenances. we should also give attention to their words. Today. therefore. I shall be speaking of. and reading from. the words of William Maclay. Who was this first diarist of the United States Senate? William Maclay was born on July 27. 1734nearly two hundred and fifty years agoIn New Garden. Pennsylvania. the son of a ScotchIrish immigrant. He spent his early years in the south central Pennsylvania county of Franklin. and received a classical education from the Reverend John Blair. We may assume he was an adventurous youth. for at the age of twentyfour he was a lieutenant in a military expedition to Fort Dusquesne (at the site of presentday Pittsburgh). and five years later participated in the French and Indian Wars. He was a surveyor. a farmer. and a lawyer. In 1769 he married Mary.McClure. daughter of John Harris who founded Harrisburg. the current capital of Pennsylvania. He laid out the town of Sunbury. and built a stone house for himself there. which. I believe. is still standing. During these prerevolutionary days. Maclay was close to the Penn family. the British proprietors of Pennsylvania. and in fact had once sailed for England to meet with Thomas Penn concerning his land surveys. But when the Revolution broke out. Maclays loyalties were on the side of independence. and he joined the patriots militia and later the Continental Army. At the end of the Revolution. he entered state politics. serving in the State Assembly from 1781 to 1785. and as a member of its Supreme Executive Council in 1786 and 1788. When the new federal government was formed. the Pennsylvania state legislature elected Maclay and Robert Morris as its first two United States Senators. All of the members of the new Senate then drew lots to determine whether they. wopld have a two. four. or sixyear term. as the Cottagution. had provided. Morris prely a dfyear term. Maclay. unfortunatelfjust a twoyear term. Thug. because he ivas defeated for reelection. his journal..of necessity. covers only the first two ye(rs of the Senates history. But we ard thankful for what we have. I William Maclais .journal opens oil April 24. 1789. eighteen days After the Senate was able to establish its first quorum and begin its business. The journal closes on March 3. 1791. when Maclays term came to an end. The eminent historian. Charles A. Beard. has called Maclays journal: * One of the mcst precious human documents for the study of American manners. morals. and intelligence. political and gencral . . . Through the burning glare of its spot light stalk. amble. or drift all the distinguished I ersonalities of the age. from George Washington to Fisher Ames. It opens the door of private homes. reporting table talk and gossip. describing the "intellectual climate" of the time. In one burst of illumination after another. it shoots fireflares into the workshop*ehind the splendid facade of Alexander Hamiltons public structure. showing us the great fathers of the republic in their shirt sleeves. planning. caucusing. cutting. fitting. compromising. and deciding. Maclay was not just a reporter of debates. He was no dispassionate. disinterested. objective observer. He was a participant with a strong mind of his own. with a democratic disdain for the pomp and pagentry of the Federalists. and with a rheumatics impatience with fools who take up ones time. Maclay represented rural agricultural Pennsylvania. while Robert Morris represented urban com. mercial Philadelphia. Maclay defended the small farmers of his state from Hamiltons financial programs and their heavy taxes. Although political parties in those days were far from organized and political lines could be quite blurred. Maclay was clearly a member of the minority in the Senate. But. as we shall see. he could be quite caustic in debate. a man who could not resist bursting a few bubbles and did so at every opportunity. Here. for example. is M iclays entry for Thursday. April 30. 1789. an excellent example of his fine form. describing the Senates deliberation prior to the Inauguration of George Washington: 30 April. ThuradayThis is a great. important day. Goddess of etiquette. assist me while I describe it. The Senate stood adjourned to half after eleven oclock. About ten dressed in my best clothes. went for Mr. Morris lodgings. but met his son. who told me that his father would not be in town until Saturday. Turned into the Hall. The crowd already great. The Senate met. The VicePresident rose in the most solemn manner. This son of Adam seemed impressed with MlaU 19. 1981 deeper gravity. yet what shall I think of him? lie often. in the midst of his most important airsI believe when he is at loss for expressions (and this he often is. wrapped up. I suppose. in the contemplation of his own importance)-suffers an unmeaning kind of vacant laugh to escape him. This was the case today. and really to me bore the air of ridiculing the farce he was acting. Gentlemen. I wish for the direction of the Senate. The President will. I suppose. address the Congress. How shall I behave? How shall we receive it? Shall it be standing or sitting? Here followed a considerable deal of talk from him which I could make nothing of. Mr. Lee began with the House of Commons (as is usual with him). then the House of Lords. then the King. and then back again. The result of his information was. that the Lords sat and the Commons stood on the delivery of the Kings speech. Mr. Izard got up and told how often he had been in the Houses of Parliament. He said a great deal of what he had seen there. (He) made. however. this sagacious discovery. that the Commons stood because they had no seats to sit on. being arrived at the bar of the House of Lords. It was discovered after some time that the King sat. too. and had his robes and crown on. Mr. Adams got up again and said he had been very often indeed at the Parliament on those occasions. but there always was such a crowd. and ladies along. that for his part he could not say how it was. Mr. Carroll got up to. declare that he thought it of no consequence how it was in Great Britain. they were no rule to us. etc. But all at once the Secretary. who had been out. whispered to the Chair that the Clerk from the Representatives was at the door with a communication. Gentlemen of the Senate. how shall be be received? A silly kind of resolution of the committee on that business had been laid on the table some days ago. The amount of it was that each House should communicate to the other what and how they chose. it concluded. however. something in this way: That everything should be done with all propriety that was proper. The question was. Shall this be adopted. that we may know how to receive the Clerk? It was objected (that) this will throw no light on the subject. it will leave you where you are. Mr. Lee brought the House of Commons before us again. He reprobated the rule. declared that the Clerk should not come within the bar of the House. that the proper mode was for the SergeantatArms. with the mace on his shoulder. to meet the Clerk at the door and receive his communtcation. we are not. however. provided for this ceremonious way of doing business. having neither mace nor sergeant nor Masters in Chancery. who carry down bills from the English Lords. Mr. Izard got up and labored uniptelligibly to show the great distinction between a communication and a delivery of a thing. but he was not minded. Mr. Ellsworth showed plainly enough that if the Clerk was not permitted to deliver the communication. the Speaker might as well send it inclosed. Repeated accounts came (that) the Speaker and Representatives were. at the door. Confusion ensued. the members left their seats. Mr. Read rose and called the attention of the Senate to the neglect that had been shown Mr. Thomson. late Secretary. Mr. Lee rose to answer him. but I.could not hear one word he said. The Speaker was introduced. followed by the Representatives. Here we sat an hour and ten minutes before the President arrivedthis delay was owing to Lee. Izard. and Dalton. who had stayed with us while the Speaker came in. instead of going o attend the President. The President advanced between the Senate and Representatives. bowing to each. He was placed in the chair by the VicePresident. the Senate with their president on the right. the Speaker and the Representatives on his left. The VicePresident rose and addressed a short sentence to him. The import of it was that he should now take the oath of office as President. He seemed to have forgot half what he was to say. for he made a dead pause and stood for some time. to appearance. in a vacant mood. He finished with a formal bow. and the President was conducted out of the middle window into the gallery. and the oath was administered by the Chancellor. Notice that the business done was communicated to the crowd by proclamation. etc.. who gave three cheers. and repeated it on the Presidents bowing to them. As the company returned into the Senate chamber. the President took the chair and the Senators and Representatives their seats. He rose. and all arose also. and addressed them. This great man was agitated and embarrassed more than ever he was by the leveled cannon or pointed musket..He trembled. and several times could scarce make out to read. though it must be supposed he had often read before. He put part of the fingers of his left hand into the side of what I think the tailors call the fall of the breeches (corresponding to the modern sidepocket). changing the paper into his right hand. After some time he then did the same with some of the thngers of his right hand. When he came to the words all tie world. he made a flourish with his right hand. which left rather an ungainly impression. I sincerely. for my part. wished all set ceremony in the hands of the dancingmasters. and the first of men had read off his address in the plainest manner. without ever taking his eyes from the paper. for I felt hurt that he was not first in everything. He was dressed in deep brown. with metal buttons. with an eagle on them. white stockings. a bag. and sword. From the hall there was a grand procession to Saint Pauls Church. where prayers were said by the Bishop. The procession was well conducted and without accident. as far as I have heard. The militia were all under arms. lined the street near the church. made a good figure. and behaved well. The Senate returned to their chamber after service. and formed. and took up the address. Our VicePresident called it his most gracious rpeccl. I can not approve of this. A committee was appointed on itJohnson. Carroll. Patterson. Adjourned. In the evening there were grand fireworks. The Spanish Ambassadors house was adorned with transparent paintings. the French Ministers house was illuminated. and had some transparent pieces. the Hall was grandly illuminated. and after all this the people went to bed. For the First Congress. Mr. President. there were no clearly defined precedents. Every action had to be considered and deliberated over. no matter how minute. We can see some of Maclays impatience. as well as his democratic sensibilities in his entry for May 5: May 5thThe bill of yesterday (prescribIng the oath) had a third reading. but now how is it to be sent to the other House? A motion was made and seconded that it go by the Secretary. From half after eleven to half after one was this important question agitated. The other House had affronted the Senate by sending up the bill in a letter. and now we would not send it down by a member. The dignity of the House was much insisted on. We were plagued again with the House of Lords and Commons. and parliamentary was the supplementary word to every sentence. I doubted much whether I should rise or not. however. when everybody else had omething to say. I scorned to be silent. I emarked that I rose with reluctance on a subject when I had not been able to draw any information from experience. as the Stati I had the honor of representing had but one House. yet from what I could learn the States which had two Houses in the Union carried on their communications by members. that this I considered as the most cordial and friendly mode of Intercourse. and that I would much rather take example from our own States than from Great Britain. that this intercourse. therefore. was the one which I most sincerely wished. and thought the sooner it was adopted the better. that if our members should be illtreated below. as had been alleged by some gentlemen. the fault would not be ours. and then we would be fully justified in adopting some other mode. that a communication by our Secretary was a bad one. that it interrupted business. as we could not proceed without him. If we meant It by way of returning the affront that had been offered to us. this was wrong. We should send the bill by letter. and this would be treating them in kind. I was answered. or at least an attempt was made. but I was not convinced. Mr. Langdon got up soon after. and seemed to adopt all I had said. but the mction was carried against us. Mr. President. we here are all accustomed to hearing the Presidents annual state of the union message. We assemble in the House of Representatives. and the President delivers his State of the Union Message. But for the Members of the First Congress. the burning issue was. how should the Senate answer the speech? So. we read from Maclays Journal of May 7: May 7The bill for taking the oath for the support of the Constitution came tip. The amendments all agreed to. and a small one added. The committee reported an answer to the Presidents speech. It was read. One part was objected to. which stated the United States to have been in anarchy and confus4on. and the President stepping in and rescuing them. A very long debate. The words were struck out. Mr. Lee offered part of a sentence which. I thought. filled the sentence with propriety. It was. however. lost. Mr. Patterson offered a clause. rescued us from evils impending over us. This was carried. but half the Senate nearly made sour faces at it. Mr. Ellsworth said it was tautological. but seemed at a loss as to mending it. I rose. more in consequence of a kind of determination that I have adopted of saying something every day than from any fondness of the subject. I admitted that there appeared something tautological in the words. and it was not easy to mend them consistent with elegant diction. but. if the first syllable was taken from the word impending. it would then stand. evils pending over us. The objection would be obviated. but I would not say the language would be eloquent. But. since I was up. I could not help remarking that I thought the whole clause improper. that to state the whole Union as being In anarchy or under impending ruin was sanctifying the calumnies of our enemies. who had long labored in the foreign gazettes to represent us as a people void of government. It was fixing a stain on the annals of America. for future historians would appeal to the transactions of this very day as a proof of our disordered circumstances. I therefore was against the whole clause. Mr. Wingate followed me. and was for having the clause struck (out). This could not well be done consistent with order. I mentioned that. if a reconsideration was moved. I would second it. It was reconsidered and amended. and afterward recommitted to the same committee. They retired for the purpose of dressing it. Now the VicePresident rose to draw the attention of the Senate to the manner of delivering the answer to the President. A committee was appointed to confer on this and other subjects with a committee of Representatives. There are three ways. gentlemen (said our VicePresident). by which the President may communicate with us. One is personally. If he comes here. we must have a seat for him. In England it is called a throne. To be sure. it Is behind that seat we must seek for shelter and protection. The second is by a minister of state. The third Is by his chamberlain or one of his aidesdecamp. I had almost said. but that is a milltary phrase. It may become a great constitutional question. Seeing the House look blank. he said. I throw these things out for gentlemen to think of. Mr. Lee got up and said something on the propriety of having a seat with a canopy for the President. Mr. Langdon said something. but did not seem well collected. and spoke so low I did not hear him. The time was trifled till near three oclock. The day was cold. and the members collected near the fire. leaving their seats. The committee returned with the message. and it really read vastly better. and was altered in the exceptional phrases. In one place. speaking of the Government. it mentioned dignity and splendor. I submitted it to the gentlemen who had the amending of it whether respectability was not better than splendor. Mr. Carroll. of the committee. did not defend the word splendor. but said respectability had been used before. if he recollected right. Mr. Patterson said it sounded much better than respectability. and rounded the period. Dr. Johnson said splendor signified in this place the highest perfection of government. These were the three members of the committee. I mentioned that. if the word respectability had been used immediately before. it would be improper. that dignity alone I thought expressed all that was wanted. As to the seeking of sounding names and pompous expressions. I thought them exceptionable on that very account. and that no argument was necessary to show it. that different men had a train of different ideas raised by the same word. that splendor when applied to government. brought into my mind. instead of the highest perfection. all the faulty finery. brilliant scenes. and expensive trappings of royal government. and impressed my mind with an idea quite the reverse of republican respectability. which I thought consisted in firm and prudent councils. frugality. and economy. I found I was not seconded. and concluded that my motion went to recommend a reconsideration of the word splendor to the committee. They did not alter it. and the answer was agreed to. The VicePrest* dent rose in the chair and repeated twice. with more joy in his face than I had ever seen him assume before. he hoped the Governient would be supported with dignity and splendor. I thought he did it by way of triumph over me for a former defeat I gave lim. but maybe I was mistaken. In these debates over form and formality. Maclay lined up consistently opposed to the ceremonial pomposity of the nations first Vice President. John Adams. Here. for instance. is Maclays devastating portrait of Adams on Mr. Lee moved to put off the order of the day. on the subject of titles. until tomorrow. Agreed to. He then moved to consider the appointing of a SergeantatArms. This lost. Mr. Izard and sundry gentlemen of the Senate (were) dissatisfied with our Vice President. He takes on him to school the members from the chair. His grasping after titles has been observed by everybody. Mr. Izard. after describing his air. manner. deportment. and personal figure in the chair. concluded with applying the title Rotundity to him. I have really often looked at him with surprise mingled with contempt when he is in the chair and no business before the Senate. Instead of that sedate. easy air which I would have him possess. he will look on one side. thent on the other. then down on the knees of his breeches. then dimple his visage with the most silly kind of half smile which I can not well express in English. The ScotchIrish have a word that hits it exactlysmudging. God forgive me for the vile thought. but I can not help thinking of a monkey just put into breeches when I saw him betray such evident marks of selfconceit. He made us a speech this day also. but. as I did not minute the heads of it when he spoke. I will not attempt to recollect it. In the corridors outside the Senate and House chambers. Maclay and his friends greeted each other with much mirth and such titles as "Your Highness of the Senate" and "His Highness of the Lower House." It is a most noteworthy observation on our first president that George Washington remained aloof from this entire fracas. Maclay reported that he had found no clue as to Washingtons sentiments on the subject of titles. As usual. Washington endeavored to remain above the battle. On those occasions. when Washington had to deal directly with Congress. he was surprisingly ill at ease. Listen. for instance. to Maclays vivid description of the Senates reply to Washingtons first State of the Union message. on May 18: Senate met. The address (to the President) was read over. and we proceeded in carriages to the Presidents to present it. Having no part to act but that of a mute. I had nothing to embarrass me. We were received in an antechamber. Had some little difficulty about seats. as there were several wanting. from whence may be inferred that the Presidents majordomo Is not the most provident. as our numbers were well enough known. We had not been seated more than three minutes when it was signified to us to wait on the President in his leveeroom. The VicePresident went foremost. and the Senators followed without any particular order. We made our bows as we entered. and the VicePresident. having made a bow. began to read an address. He was much confused. The paper trembled in his hand. though he had the aid of both by resting it on his hat. which he held in his left hand. He read very badly all that was on the front pages. The turning of the page seemed to restore him. and he read the rest with more propriety. This agitation was the more remarkable. as there were but twentytwo persons present and none of them strangers. The President took his reply out of his coatpocket. He had his spectacles in his Jacketpocket. having his hat in his left hand and the paper in his right. He had too many objects for his hands. He shifted his hat between his forearm and the left side of his breast. But taking his spectacles from the case embarrassed him. He got rid of this small distress by laying the.spectaclecase on the chimneypiece. Colonel Humphreys stood on his right. Mr. Lear on his left. Having adjusted his spectacles. whilh was not very easy. considering the engagements on his hands. he read the reply with tolerable exactness and without much emotion. I thought he should have received us with his spectacles on. which would have saved the making of some uncouth motions. Yet. on the whole. he did nearly as well as anybody could have done the same motions. Could the laws of etiquette have permitted him to have been disencumbered of his hat. it would have relieved him much. After having read his reply. he delivered the paper to the VicePresident with an easy inclination. bowed around to the company. and desired them to be seated. This politeness seems founded on reason. for men. after standing quite still some time. want to sit. if it were for only a minute or two. The VicePresident did not comply. nor did he refuse. but stood so long that the President repeated the request. He declined it by making a low bow. and retired. We made our bows. came out to the door. and waited till our carriages took us up. Colonel Humphreys waited on us to the door. Lest we be misled by all the talk of titles and formalities. there were substantive issues before the First Congress as well. In May 1789 the Congress debated import taxes. and Maclays account gives us some graphic descriptions of the legislative maneuvering that went on. All ran smooth in the debate. said Maclay. "till we came to the molasses." This was. a product dear to the merchants of New England. They like it down in West Virginia also. Has the Senator ever gone to the molasses making? May I say to the distinguished Senator from Illinois. molasses making is a great. great thing to attend. They often have a bit of country music there with a banjo picker. guitar. and a fiddler.